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Book part
Publication date: 6 November 2018

Alessandro Corda

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent…

Abstract

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.

Book part
Publication date: 6 November 2018

Heather Schoenfeld, Rachel M. Durso and Kat Albrecht

Criminal law has dramatically expanded since the 1970s. Despite popular and academic attention to overcriminalization in the United States, empirical research on how court actors…

Abstract

Criminal law has dramatically expanded since the 1970s. Despite popular and academic attention to overcriminalization in the United States, empirical research on how court actors and, in particular, prosecutors, use the legal tools associated with overcriminalization is scarce. In this chapter, we describe three forms of overcriminalization that, in theory, have created new tools for prosecutors: the criminalization of new behaviors, mandatory minimum sentencing statutes, and the internal expansion of criminal laws. We then use a unique dataset of felony filings and dispositions in Florida from 1995 to 2015 to test a series of hypotheses examining how overcriminalization influences prosecutorial practices given three changes to the political economy during this time: the decline in violent and property crime, the Great Recession, and a growing call for criminal justice reform. We find that prosecutors have been unconstrained by declining crime rates. Yet, rather than rely on new criminal statutes or mandatory minimum sentence laws, they maintained their caseloads by increasing their filing rates for traditional violent, property and drug offenses. At the same time, the data demonstrate nonviolent other offenses are the top charge in almost 20% of the felony caseload between 2005 and 2015. Our findings also suggest that, despite reform rhetoric, filing and conviction rates decreased due to the Recession, not changes in the law. We discuss the implications of these findings for criminal justice reform.

Details

After Imprisonment
Type: Book
ISBN: 978-1-78769-270-1

Keywords

Book part
Publication date: 25 May 2017

Marvin D. Free

To examine gender and racial differences in known wrongful conviction cases.

Abstract

Purpose

To examine gender and racial differences in known wrongful conviction cases.

Methodology/approach

Cases were identified for inclusion in this study through the use of established databases available electronically. Supplemental information was gathered through newspapers, magazines, and direct correspondence with individuals associated with the cases.

Findings

Of special significance was the role of witness error in wrongful convictions. Although more prominent in cases involving African American men, witness error was also problematic in murder and manslaughter cases involving African American women. Whereas white women were more likely to be included in wrongful convictions for murder and child abuse, African American women were more likely to be found in wrongful convictions for drugs and property and other offenses. Wrongfully convicted white women were 2.7 times more likely than their African American counterparts to be sentenced to life. Victim race appeared to play a role in a number of the wrongful convictions for both African American men and women.

Originality/value

This study expands our knowledge of known wrongful convictions among African Americans, a group that is disproportionately found in the criminal justice data.

Details

Race, Ethnicity and Law
Type: Book
ISBN: 978-1-78714-604-4

Keywords

Article
Publication date: 14 March 2023

Shantanu Prasad and Saroj S. Prasad

The purpose of the research paper is to examine customers' online purchase intention towards apparel in the online environment, with a focus on the role of conviction and brand…

Abstract

Purpose

The purpose of the research paper is to examine customers' online purchase intention towards apparel in the online environment, with a focus on the role of conviction and brand reputation of the e-retailer.

Design/methodology/approach

Hypotheses are based on an extensive literature review and tested using adapted existing scales for the constructs-social media usage for apparel, electronic word of mouth (EWOM), conviction, apparel e-retailer's brand reputation and online purchase intention towards apparel, and data are collected from 362 online customers of apparel brands in eight major cities across the country. Structural equation modelling (SEM) is applied to analyze data and test hypotheses because of multiple dependent variables.

Findings

The quantitative results indicate that impact of social media and EWOM on online purchase intention towards apparel is mediated by conviction. The results also explain the moderating effect of apparel e-retailer's brand reputation.

Originality/value

Findings provide suggestions for the apparel business in an online environment that address the issue of breach of trust and implications for apparel e-retailers, managers and researchers. The study contributes to the existing retail literature by proposing concept of conviction and role of apparel e-retailer's brand reputation in this context.

Details

International Journal of Retail & Distribution Management, vol. 51 no. 5
Type: Research Article
ISSN: 0959-0552

Keywords

Article
Publication date: 21 March 2019

Shantanu Prasad, Arushi Garg and Saroj Prasad

The purpose of this paper is to propose the concept of conviction in online environment. It examines the vital role of conviction and firm’s brand reputation while understanding…

9142

Abstract

Purpose

The purpose of this paper is to propose the concept of conviction in online environment. It examines the vital role of conviction and firm’s brand reputation while understanding the impact of social media usage and electronic word-of-mouth (EWOM) on purchase decisions of Generation Y.

Design/methodology/approach

Literature review resulted in six constructs – social media usage, EWOM, conviction, firm’s brand reputation and purchase intention and customer loyalty. The authors adopted the concept of conviction from another field of enquiry (organizational learning), conducted a qualitative study and an e-mail survey with post-graduate management students (Generation Y) of a university to examine the impact of social media and EWOM on customer purchase decision. Data were collected and analyzed with the help of structural equation modeling.

Findings

Results indicated that impact of social media usage and EWOM on purchase decision is mediated by conviction. Firm’s reputation as brand (perceived by the customer) moderates the relationship between EWOM and purchase intention in a manner that this relationship is significantly stronger if there is more positive brand reputation.

Originality/value

This study validates the concept of conviction in online environment. The purchase decision is defined as purchase intention and loyalty of the customer.

Details

Marketing Intelligence & Planning, vol. 37 no. 4
Type: Research Article
ISSN: 0263-4503

Keywords

Article
Publication date: 1 February 1996

Param Srikantia and William Pasmore

Examines the roles of conviction and doubt in organizational learning processes and focuses on the challenge of transforming individual learning into organizational learning…

3478

Abstract

Examines the roles of conviction and doubt in organizational learning processes and focuses on the challenge of transforming individual learning into organizational learning. Explores the individual and organizational effects of too little doubt or too little conviction in terms of awareness of the need for organizational learning, the design of organizational learning processes, and active experimentation in implementing what is being learned. Using the concepts of conviction and doubt, presents a tentative model of organizational learning which posits a cycle that alternates between individual doubt and collective consensus and conviction. Presents a brief case study from an actual organization in order to illustrate how doubt and conviction might be employed to assist interventions in organizational learning.

Details

Journal of Organizational Change Management, vol. 9 no. 1
Type: Research Article
ISSN: 0953-4814

Keywords

Article
Publication date: 15 January 2020

Anastasia Suhartati Lukito

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the…

Abstract

Purpose

The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition.

Design/methodology/approach

This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach.

Findings

Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values.

Practical implications

This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture.

Originality/value

This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Details

Journal of Financial Crime, vol. 27 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 17 December 2008

Linda J. Skitka, Christopher W. Bauman and Elizabeth Mullen

Two metaphors of human motivation have dominated justice theory and research: homo economicus (people as rational utility maximizers) and homo socialis (people as status and…

Abstract

Two metaphors of human motivation have dominated justice theory and research: homo economicus (people as rational utility maximizers) and homo socialis (people as status and social value maximizers). This chapter reviews theory and research inspired by a recent third perspective: homo moralis, that is, people as innately concerned about morality. When people have strong moral convictions at stake, their perceptions of outcome fairness and decision acceptance are shaped more by whether outcomes are consistent with perceivers’ moral priorities than by whether authorities act in procedurally fair ways; moreover, whether authorities yield morally correct outcomes shapes subsequent perceptions of the legitimacy of these authorities or authority systems. Emotion plays an important role in both of these effects.

Details

Justice
Type: Book
ISBN: 978-1-84855-104-6

Article
Publication date: 8 October 2018

Barry Goldman, Dylan Cooper and Tamar Kugler

A surprisingly large proportion of the working population of the USA consists of individuals with felony convictions. Moreover, the issue of employability of these individuals is…

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Abstract

Purpose

A surprisingly large proportion of the working population of the USA consists of individuals with felony convictions. Moreover, the issue of employability of these individuals is compounded for minorities. This paper aims to present two experimental studies investigating whether minorities with felony backgrounds have a more difficult time being selected for employment than identically situated white applicants. The authors ground the paper in realistic group conflict theory. Results indicate discrimination is more acute against minorities with felony backgrounds than whites with the same background and shed light on the mechanisms leading to this discrimination. Theoretical and practical implications are discussed.

Design/methodology/approach

This paper involves two experimental studies involving working adults engaging with realistic survey situations using mTurk.

Findings

Results of both studies indicate discrimination is more acute against minorities with felony backgrounds than whites with the same background, and shed light on the mechanisms leading to this discrimination.

Research limitations/implications

One limitation of the methodology is that the authors used fictional candidates and jobs. This may have led to understating the effects of discrimination on minorities because it allowed applicants to answer in socially desirable ways (e.g. absent of racial bias) without suffering any of the anticipated negative consequences of actually hiring individuals about whom they hold negative stereotypes.

Practical implications

This research has several important implications for practice. First, organizations should be keenly aware of the potential for subtle and unconscious bias to affect the job application process even among well-intentioned hiring managers. Second, as the bias is often triggered by threats, organizations should share with their employees the nature of the threat involved with former felons.

Social implications

Organizations should deliberately address issues associated with the use of criminal background checks. For many organizations, a felony conviction in an applicant’s background automatically eliminates that person from employment. However, a substantial amount of the workforce now has a felony in their background. Indeed, the Equal Employment Opportunity Commission (2012) has issued guidelines that detail important factors that organizations should consider on a case-by-case basis when considering employment for former felons. Organizations may consider updating any blanket exclusions regarding the hiring of ex-felons – not only because it makes good policy but also because it may help the organization hire the best people.

Originality/value

This research studies an important – and growing – societal problem related to the hiring of convicted felons, and the related issue of racial discrimination that affects black convicted felons particularly hard. There has been very little work in the management area on this topic. Moreover, there has been very little work in all areas that includes experimental methods. The use of such methods is particularly useful to eliminate confounds found in field data.

Details

International Journal of Conflict Management, vol. 30 no. 1
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 19 October 2020

Todor Kolarov

The purpose of this paper is to evaluate the benefits and challenges, on the national and international level, associated with the settlement of cases involving non-conviction

Abstract

Purpose

The purpose of this paper is to evaluate the benefits and challenges, on the national and international level, associated with the settlement of cases involving non-conviction civil confiscation of unexplained wealth.

Design/methodology/approach

This paper is centered on evaluation of key aspects of settlement of civil confiscation of unexplained wealth cases. Conducting a review of settlement of confiscation cases and of non-conviction-based unexplained wealth regimes, this research evaluates the validity of the lead thesis.

Findings

Settlement of civil asset confiscation of unexplained wealth cases presents several challenges that call for mitigation.

Originality/value

This paper emphasizes the theoretical and practical issues on the national and international level related to settlement of cases involving non-conviction-based civil asset confiscation of unexplained wealth, with recommendations for development of legal principles for non-conviction based civil asset confiscation.

Details

Journal of Money Laundering Control, vol. 24 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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