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11 – 20 of over 20000Julie Stubbs, Sophie Russell, Eileen Baldry, David Brown, Chris Cunneen and Melanie Schwartz
Located within growing scholarly interest in linking the global financial crisis with revelations of financial crime, this piece utilises Roman Tomasic's suggestion that the…
Abstract
Purpose
Located within growing scholarly interest in linking the global financial crisis with revelations of financial crime, this piece utilises Roman Tomasic's suggestion that the financial crisis has marked something of a turning point in regulatory responses to financial crime worldwide. Tomasic attributes this to changing attitudes towards light-touch regulation and risk assessment, and the demand for existing agencies to be replaced with new tougher authorities. In the UK, this can be illustrated by the imminent replacement of the FSA with the Financial Conduct Authority (FCA). The paper aims to discuss these issues.
Design/methodology/approach
Discussion of the FSA's financial crime fighting activity is an important forecast for the likely directional focus of the FCA in this regard. A focus only on “market abuse” enforcement within this arises on account of the effects for financial systems widely attributed to this activity, with threats to systemic stability being a hallmark of the 2007-2008 financial crisis. This methodology also encourages coherence in focus and management of sources within the article. Market abuse enforcement provides a lens for exploring the FSA's adoption of the philosophy and ethos of “credible deterrence”, and FCA commitment to retain it, and ultimately for applying the hypothesis of the “haphazard pursuit of financial crime” to pre-crisis criminal enforcement relating to financial crime undertaken by the FSA.
Findings
The FSA and FCA appear acutely aware that the financial crisis has marked something of a turning point for the enforcement of financial crime, and for signalling changes in approach, for the reasons explored by Tomasic. Tomasic correctly identifies factors encouraging a range of undesirable practices pre-crisis, and ones signalling tougher and more sustained attention being paid to financial crime henceforth. It is noted that, pre-crisis, the FSA's pursuit of criminal enforcement of market abuse was conscious, comprehensively resourced, well publicised, and actually extensive.
Originality/value
This exploration of the FSA's criminal enforcement of market abuse given the Authority's own perceptions that it was not, and could never be, a “mainstream” criminal prosecutor considers the likely lasting legacy of this determined pursuit, when domestic politics and pan-European policies suggested against this. This is likely to be enormously valuable as the FCA undertakes this task in a domestic arena which is markedly in contrast from this, and where European agendas are pushing in favour of criminal enforcement, with the “more Europe, or less” debate providing a further dimension of interest.
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In this chapter, I address how criminal justice policies, and discrimination and prejudice within the US criminal justice system, negatively affect trans men. By focusing on trans…
Abstract
In this chapter, I address how criminal justice policies, and discrimination and prejudice within the US criminal justice system, negatively affect trans men. By focusing on trans men’s unique incarceration experiences using 15 in-depth interviews, I recommend four key policy changes for correctional facilities: (1) allow trans men to choose the gender of the correctional facility in which they are housed; (2) allow trans men to wear undergarments that align with their gender identity; (3) provide trans men access to trans-appropriate healthcare; and (4) implement harsher penalties for non-compliance of Prison Rape Elimination Act Standards. These four policies would improve the life chances of trans men during their incarceration and post-incarceration.
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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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Jakari N. Griffith and Nicole C. Jones Young
The purpose of this paper is to identify factors that affect how managers assess the importance of criminal history for job seekers with criminal records in Ban the Box states.
Abstract
Purpose
The purpose of this paper is to identify factors that affect how managers assess the importance of criminal history for job seekers with criminal records in Ban the Box states.
Design/methodology/approach
This study uses a phenomenological investigative approach to examine narrative interview data obtained from 18 human resource (HR) professionals in organizations in five Ban the Box states.
Findings
Contrary to previous research, the findings presented in this paper show that managers are inclined to hire applicants with a criminal history. However, study findings indicate that those hiring decisions are positively influenced by: perceived value of criminal history; concerns about safety and cost; characteristics of the offense; motivation to hire; and evidence of applicant growth. Furthermore, a lack of systematic evaluation processes among hiring managers may present a barrier to employment.
Originality/value
This paper explores a poorly understood area of the HR management and employment inclusion literatures – the identification of factors that influence evaluations of applicants with a criminal history.
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To explain the persistent abhorrent perspective society holds of sex offenders, the concept of sex offenders, the evolution of salient sex offender legislation, and the…
Abstract
To explain the persistent abhorrent perspective society holds of sex offenders, the concept of sex offenders, the evolution of salient sex offender legislation, and the relationships between sex offenders and social control with a focus on the current and emerging socio-legal issues are discussed. As one of the most vilified criminal offenders, sex offenders are inextricably related to social control as demonstrated by the disproportionately imposed legal restrictions they have experienced compared to offenders without a history of sex crimes. Public support of excessive punishments toward sex offenders has been bolstered by societal depictions that have induced perceptions of sex offenders as monstrous beings.
Aversions toward sex offenders unfold when it is perceived that the solidarity of society is dissolute and volatile. During these periods of perceived social disintegration, mass media emerges as a source that can contextualize the depraved actions of sex offenders, though the media have arguably perverted their role as an educator and contributed to misinformation. Education and revised evaluative assessments of sexual recidivism are suggested as approaches to redefine how sex offenders should be portrayed, as a heterogeneous group of individuals that vary in their amenability to rehabilitative treatment.
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It is fair to say that there is currently no consensus on the detailed approach to conducting a criminal financial investigation among Dutch public prosecutors, let alone among…
Abstract
It is fair to say that there is currently no consensus on the detailed approach to conducting a criminal financial investigation among Dutch public prosecutors, let alone among European public prosecutors as a whole. Nevertheless, since the late 1980s attention has been focused in the Netherlands on the financial aspects of serious forms of crime, at least in the legal and policy‐making process.
Discussion of the 2016 electorate has centered on two poles: results of public opinion and voter surveys that attempt to tease out whether racial, cultural, or economic grievances…
Abstract
Discussion of the 2016 electorate has centered on two poles: results of public opinion and voter surveys that attempt to tease out whether racial, cultural, or economic grievances were the prime drivers behind the Trump vote and analyses that tie major shifts in the political economy to consequential shifts in the voting behavior of certain demographic and geographic groups. Both approaches render invisible a major development since the 1970s that has been transforming the political, social, and economic landscape of wide swaths of people who do not reside in major urban areas or their prosperous suburban rings: the emergence and consolidation of the carceral state. This chapter sketches out some key contours of the carceral state that have been transforming the polity and economy for poor and working-class people, with a particular focus on rural areas and the declining Rust Belt. It is meant as a correction to the stilted portrait of these groups that congealed in the aftermath of the 2016 election, thanks to their pivotal contribution to Trump's victory. This chapter is not an alternative causal explanation that identifies the carceral state as the key factor in the 2016 election. Rather, it is a call to aggressively widen the analytical lens of studies of the carceral state, which have tended to focus on communities of color in urban areas.
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