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1 – 10 of 158Tinna Dögg Sigurdardóttir, Lee Rainbow, Adam Gregory, Pippa Gregory and Gisli Hannes Gudjonsson
The present study aims to examine the scope and contribution of behavioural investigative advice (BIA) reports from the National Crime Agency (NCA).
Abstract
Purpose
The present study aims to examine the scope and contribution of behavioural investigative advice (BIA) reports from the National Crime Agency (NCA).
Design/methodology/approach
The 77 BIA reports reviewed were written between 2016 and 2021. They were evaluated using Toulmin’s (1958) strategy for structuring pertinent arguments, current compliance with professional standards, the grounds and backing provided for the claims made and the potential utility of the recommendations provided.
Findings
Consistent with previous research, most of the reports involved murder and sexual offences. The BIA reports met professional standards with extremely high frequency. The 77 reports contained a total of 1,308 claims of which 99% were based on stated grounds. A warrant and/or backing was provided for 73% of the claims. Most of the claims in the BIA reports involved a behavioural evaluation of the crime scene and offender characteristics. The potential utility of the reports was judged to be 95% for informative behavioural crime scene analysis and 40% for potential new lines of enquiry.
Practical implications
The reports should serve as a model for the work of behavioural investigative advisers internationally.
Originality/value
To the best of the authors’ knowledge, this is the first study to systematically evaluate BIA reports commissioned by the NCA; it adds to previous similar studies by evaluating the largest number of BIA reports ever reviewed, and uniquely provides judgement of overall utility.
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Tinna Dögg Sigurdardóttir, Adrian West and Gisli Hannes Gudjonsson
This study aims to examine the scope and contribution of Forensic Clinical Psychology (FCP) advice from the National Crime Agency (NCA) to criminal investigations in the UK to…
Abstract
Purpose
This study aims to examine the scope and contribution of Forensic Clinical Psychology (FCP) advice from the National Crime Agency (NCA) to criminal investigations in the UK to address the gap in current knowledge and research.
Design/methodology/approach
The 36 FCP reports reviewed were written between 2017 and 2021. They were analysed using Toulmin’s (1958) application of pertinent arguments to the evaluation process. The potential utility of the reports was analysed in terms of the advice provided.
Findings
Most of the reports involved murder and equivocal death. The reports focused primarily on understanding the offender’s psychopathology, actions, motivation and risk to self and others using a practitioner model of case study methodology. Out of the 539 claims, grounds were provided for 99% of the claims, 91% had designated modality, 62% of the claims were potentially verifiable and 57% of the claims were supported by a warrant and/or backing. Most of the reports provided either moderate or high insight into the offence/offender (92%) and potential for new leads (64%).
Practical implications
The advice provided relied heavily on extensive forensic clinical and investigative experience of offenders, guided by theory and research and was often performed under considerable time pressure. Flexibility, impartiality, rigour and resilience are essential prerequisites for this type of work.
Originality/value
To the best of the authors’ knowledge, this study is the first to systematically evaluate forensic clinical psychology reports from the NCA. It shows the pragmatic, dynamic and varied nature of FCP contributions to investigations and its potential utility.
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Brittany Shaughnessy, Osama Albishri, Phillip Arceneaux, Nader Dagher and Spiro Kiousis
While morality is ever-present in elections, scholars have yet to merge political public relations and Moral Foundations Theory. It is crucial to assess the complex morality…
Abstract
Purpose
While morality is ever-present in elections, scholars have yet to merge political public relations and Moral Foundations Theory. It is crucial to assess the complex morality present not only in social deduction, but also in political strategic communication. The current work aims to analyze the issue agendas and their relationships in the 2020 presidential campaign and assesses their moral strategy.
Design/methodology/approach
This study used a computer-assisted content analysis (N = 7,888) with each moral intuition coded from the Moral Foundations Dictionary. Datapoints included campaign tweets, Facebook posts, debate performances, remarks, news releases and nomination acceptance speeches. Coverage included articles from including The New York Times, Washington Post, Wall Street Journal, CNN and Fox News to assess both liberal and conservative media.
Findings
Candidates' issue and moral agendas were correlated with each other and with the media's agenda. Comparatively, the Biden campaign has stronger correlations when it came to connecting with issues, stakeholders and moral intuitions in the media agenda than the Trump campaign. For issues, the Biden campaign prioritized COVID-19 and the economy, while the Trump campaign prioritized the economy and crime. The candidates also had similar moral strategies.
Practical implications
This study suggests effectively leveraging organizational communications in democracies can support the transfer of object salience, moral attributes and networks to media coverage, public discourse and opponent messaging. It can also help achieve organizational goals by managing public image, reputation and expectations.
Originality/value
This work expands the literature by taking a pluralist moral psychology approach in assessing the salience and correlation of five moral intuitions: harm/care, fairness/reciprocity, ingroup/loyalty, authority/respect and purity/sanctity. This study serves as a springboard for examining morality's impact on political public relations.
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Muhammad Saleem Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Erum Naseer Korejo
This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes…
Abstract
Purpose
This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes and to what extent it contributes in recovery of stolen money. This paper critically examines the concept with reference to relevant laws of the USA, the UK, Pakistan and Nigeria.
Design/methodology/approach
This study used legal scholarship, jurisprudence and other open source data to analyze issues in the application of PB as a viable tool in asset recovery and financial crimes.
Findings
This paper provides that PB has certain moral and legal dilemma in terms of legality and punishment; the concept offers a sense of escape from criminal punishment by simply return of partial stolen money or “settlement” in exchange of discounted punishment even without imprisonment, thus incentivizing an offender. Further, the concept is unregulated, misapplied especially in developing world like Pakistan and Nigeria, where plea bargain laws are mostly manipulated by white-collar individuals. Therefore, this study recommends the amendment of relevant laws pertaining to PB; construction of “plea bargain handbook” to prevent arbitrariness and misapplication and to ensure transparency in its application; legislations like Speedy Trail Act; creation of “Fast Track-Model Courts” and a balancing system between “settlement” and “deterrence.”
Originality/value
Perspectives on PB are brought to bear from financial crime and malpractice and recovery of stolen money.
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Alexandru V. Roman, Ivana Naumovska and Jerayr Haleblian
Corporate crime is prevalent and imposes enormous costs on society, yet our understanding of its antecedents remains poor, especially in relation to executive characteristics. In…
Abstract
Corporate crime is prevalent and imposes enormous costs on society, yet our understanding of its antecedents remains poor, especially in relation to executive characteristics. In this study, we examine the influence of CEO childhood social class on corporate crime. Using a unique data set of CEOs at the largest US corporations, we consider CEO childhood background and develop the argument individuals raised in middle-class families have a greater disposition to commit wrongdoing within the corporations they lead. Specifically, growing up middle-class leaves a lasting status-anxiety imprint, which increases the tendency to engage in corporate crime to preserve or enhance social status. Furthermore, we show two status-anxiety-minimizing factors – Ivy League education and membership in a prominent golf club – weaken the effect of middle-class upbringing on corporate crime. Our findings suggest childhood social class has significant explanatory power for executive behavior and corporate outcomes.
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Yasmin Richards, Mark McClish and David Keatley
The purpose of this paper is to address the complexity of missing persons cases and highlight the linguistic differences that arise in this type of crime. Missing persons cases…
Abstract
Purpose
The purpose of this paper is to address the complexity of missing persons cases and highlight the linguistic differences that arise in this type of crime. Missing persons cases are typically very complex investigations. Without a body, crime scene forensics is not possible, and police are often left only with witness and suspect statements. Forensic linguistics methods may help investigators to prioritise or remove suspects. There are many competing approaches in forensic linguistic analysis; however, there is limited empirical research available on emerging methods.
Design/methodology/approach
This research investigates Statement Analysis, a recent development in linguistic analysis that has practical applications in criminal investigations. Real-world statements of individuals convicted of or found to be not guilty of their involvement in missing persons cases were used in the analyses. In addition, Behaviour Sequence Analysis was used to map the progressions of language in the suspects' statements.
Findings
Results indicated differences between the guilty and innocent individuals based on their language choices, for example, guilty suspects in missing [alive] cases were found more likely to use passive language and vague words because of high levels of cognitive load associated with the several types of guilty knowledge suspects in missing persons cases possess. Of particular interest is the use of untruthful words in the innocent suspects’ statements in missing [murdered] cases. While typically seen in deceptive statements, untruthful words in innocent statements may result because of false acquittals.
Originality/value
This research provides some support for Statement Analysis as a suitable approach to analysing linguistic statements in missing persons cases.
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Dona Budi Kharisma and Afilya Hunaifa
The purpose of this paper is two-fold: to analyze the legal issues on disgorgement and disgorgement funds in Indonesia, the USA and the UK and to construct the ideal law regarding…
Abstract
Purpose
The purpose of this paper is two-fold: to analyze the legal issues on disgorgement and disgorgement funds in Indonesia, the USA and the UK and to construct the ideal law regarding disgorgement and disgorgement fund.
Design/methodology/approach
The type of legal research in this paper is normative legal research. The research approach used is a comparative approach and a legal approach. The legal materials used are all regulations on the disgorgement law and the disgorgement fund that apply in Indonesia, the USA and the UK. The technique of collecting legal materials is done by using library research techniques.
Findings
The rapid growth of the capital market in Indonesia still faces various legal issues such as various market manipulations, insider trading and illegal investment management activities. Based on the results of a comparative study, Indonesia does not yet have a calculation mechanism regarding the imposition of disgorgement on violators. Unlike Indonesia, the USA has the rules of practice and rules on fair funds and exchange commissions, and the UK has the decision procedure and penalties manual, which regulates the mechanism for calculating the imposition of disgorgement. Indonesia is solely able to use administrative action in imposing disgorgement, while in the USA and the UK, it can be through courts or direct administrative actions. These legal issues have resulted due to the lack of confidence by international investors and the growth of the investment climate in Indonesia itself.
Research limitations/implications
This study examines the regulation of disgorgement and disgorgement funds in Indonesia, the USA and the UK. However, the focus of research in this paper is limited to legal issues that occurred in Indonesia.
Practical implications
The results of this study may help to construct the ideal regulations on disgorgement and disgorgement funds in various countries and protect the capital market of the investors.
Social implications
The results of this study are expected to be helpful for the investment climate in various countries, especially developing countries.
Originality/value
The ideal legal construction regarding disgorgement, namely, parties to the mechanism for imposing disgorgement; disgorgement filing mechanism; sanctions in disgorgement; disgorgement fund sources; provider of fundholding accounts; mechanism for calculating disgorgement imposition; disgorgement fund distribution mechanism.
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The criminalization of online financial fraud is examined by analyzing the existing literature, policies and state statutes within the context of the cybercrime ecosystem…
Abstract
Purpose
The criminalization of online financial fraud is examined by analyzing the existing literature, policies and state statutes within the context of the cybercrime ecosystem. Therefore, this paper aims to investigate online fraud policies within the USA and the prevalence of such incidents to explore the effectiveness of current fraud policies.
Design/methodology/approach
This examination explores policies related to online fraud within the USA by defining online financial fraud incidents within the context of the cybercrime ecosystem and analyzing such incidents with routine activities theory to emphasize the current legislative inadequacies with provisional policy recommendations.
Findings
This research suggests online financial fraud is not unanimously conceptualized among regulating or criminal institutions. Although federal regulators have governed financial institutions, federal institutions have failed to account for the capabilities of computer-mediated and technological device use (12 USC §1829).
Research limitations/implications
The limited research analyzing the effectiveness of guardianship that prevents or deters internet-mitigated or dependent financial fraud crimes.
Practical implications
Policy recommendations include but are not limited to mandating federal and privatized financial institutions to disclose all fraudulent activity to all stakeholders (e.g. customers and local and federal criminal justice agencies).
Originality/value
This paper provides an innovative approach using a criminological theory and policy framework to examine the prevalence of online fraud and the regulations enacted to counteract such violations.
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This study aims to evaluate the advantages and disadvantages of auditor mandatory suspicious activity reporting versus the exercise of professional judgement in the anti-money…
Abstract
Purpose
This study aims to evaluate the advantages and disadvantages of auditor mandatory suspicious activity reporting versus the exercise of professional judgement in the anti-money laundering regimes of the UK and the USA.
Design/methodology/approach
The research draws upon the following sources. Firstly, statistics provided by the UK National Crime Agency, 2019 (NCA) regarding suspicious activity report (SAR) filing rates. Secondly, anti-money laundering legislation in the USA and UK. Thirdly, statements made in the political domain in the USA, particularly those which raised constitutional concerns during the progress of the Patriot Act 2001. Finally, statements and recommendations by a UK Parliamentary Commission enquiring into the effectiveness of the suspicious activity reporting regime.
Findings
The UK reporting regime does not accommodate professional judgement, resulting in the filing of SARs with limited intelligence value. This contrasts with discretionary reporting in the USA: voluntary reporting guides and influences auditor behaviour rather than mandating it. Defensive filing by UK auditors (defence to anti-money launderings [DAMLs]) has increased in recent years but the number of SARs filed has declined.
Originality/value
The study evaluates auditor behavioural responses to legislative regimes which mandate or alternatively accommodate discretion in the reporting suspicion of money laundering. Consideration of constitutional and judicial activism in this context is a novel contribution to the literature. For its theoretical framework the study uses Foucault’s concept of discipline of the self to evaluate auditor behaviour under both regimes.
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