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1 – 10 of over 2000
Article
Publication date: 11 April 2022

Emily M. Homer and George E. Higgins

The purpose of this study is to investigate the federal sentencing of organizational probation for environmental offenders using the focal concerns. Those organizations that are…

Abstract

Purpose

The purpose of this study is to investigate the federal sentencing of organizational probation for environmental offenders using the focal concerns. Those organizations that are more blameworthy should be sentenced to longer probation terms. However, little research has been conducted to examine whether probation is being sentenced accordingly. This is especially true for organizations convicted of environmental offenses, which are often thought of as deserving of increased penalties compared to non-environmental offenses.

Design/methodology/approach

This study used quantitative federal sentencing data from 2011 to 2020 (n = 1,436) and eight potential measures of blameworthiness grounded in the focal concerns.

Findings

The results showed that those organizations convicted of environmental crimes received 30% longer probation sentences than those not convicted of environmental crimes. However, additional measurements of blameworthiness derived from the existing literature of focal concerns were not relevant to probation sentencing decisions.

Originality/value

This study extends the application of the focal concerns and increases the body of knowledge regarding the sentencing of federal environmental offenders.

Details

Journal of Financial Crime, vol. 30 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 19 October 2023

Ace Vo and Miloslava Plachkinova

The purpose of this study is to examine public perceptions and attitudes toward using artificial intelligence (AI) in the US criminal justice system.

Abstract

Purpose

The purpose of this study is to examine public perceptions and attitudes toward using artificial intelligence (AI) in the US criminal justice system.

Design/methodology/approach

The authors took a quantitative approach and administered an online survey using the Amazon Mechanical Turk platform. The instrument was developed by integrating prior literature to create multiple scales for measuring public perceptions and attitudes.

Findings

The findings suggest that despite the various attempts, there are still significant perceptions of sociodemographic bias in the criminal justice system and technology alone cannot alleviate them. However, AI can assist judges in making fairer and more objective decisions by using triangulation – offering additional data points to offset individual biases.

Social implications

Other scholars can build upon the findings and extend the work to shed more light on some problems of growing concern for society – bias and inequality in criminal sentencing. AI can be a valuable tool to assist judges in the decision-making process by offering diverse viewpoints. Furthermore, the authors bridge the gap between the fields of technology and criminal justice and demonstrate how the two can be successfully integrated for the benefit of society.

Originality/value

To the best of the authors’ knowledge, this is among the first studies to examine a complex societal problem like the introduction of technology in a high-stakes environment – the US criminal justice system. Understanding how AI is perceived by society is necessary to develop more transparent and unbiased algorithms for assisting judges in making fair and equitable sentencing decisions. In addition, the authors developed and validated a new scale that can be used to further examine this novel approach to criminal sentencing in the future.

Details

Journal of Information, Communication and Ethics in Society, vol. 21 no. 4
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 16 July 2021

Lais Meneses Brasileiro Dourado and Benedikt Fischer

This paper aims to examine sentencing decisions for drug-trafficking offences in the criminal courts of the city of Recife to address a gap in quantitative research on drug…

Abstract

Purpose

This paper aims to examine sentencing decisions for drug-trafficking offences in the criminal courts of the city of Recife to address a gap in quantitative research on drug sentencing and incarceration in Brazil.

Design/methodology/approach

Using original data obtained from the Court of Justice for Pernambuco, the research used multivariate regression analysis to investigate the effect of case processing, offender, and offence characteristics on sentence length.

Findings

A key finding of the research is the influence of two legal factors on sentence length: admitting to a drug-trafficking offence and being categorized as “mitigated trafficking”. Results also indicate that first-time defendants were more likely to be categorized as mitigated trafficking, stressing the importance of criminal history on predicting sentencing outcomes. “Mitigated trafficking” is a distinct category of drug-trafficking created by the Drug Law nº. 11.343 (2006) to protect defendants considered novices in the illicit drug market from receiving longer imprisonment sentences.

Practical implications

The findings suggest that the policy strategy of having a legal distinction for a specific type of defendant appears to be effective in impacting sentence length for drug-trafficking convictions. Future research could explore how similar strategies could be adopted to influence sentencing for other vulnerable groups. However, focussing on a defendant records or prior convictions as an eligibility criterion could disproportionately impact defendants who are caught in a cycle of re-offending for socio-economic reasons or a need to finance a substance use disorder.

Originality/value

This research address a gap in quantitative sentencing research in Brazil and contributes to the broader literature by presenting results that are aligned with previous studies conducted in North America.

Details

Journal of Criminological Research, Policy and Practice, vol. 7 no. 4
Type: Research Article
ISSN: 2056-3841

Keywords

Article
Publication date: 29 March 2013

Vivek Pande and Will Maas

Criminal Medicare and/or Medicaid fraud costs taxpayers $60‐250 billion annually. This paper aims to outline the characteristics of physicians who have been convicted of such…

1330

Abstract

Purpose

Criminal Medicare and/or Medicaid fraud costs taxpayers $60‐250 billion annually. This paper aims to outline the characteristics of physicians who have been convicted of such fraud.

Design/methodology/approach

The names of convicted physicians were first gathered from public databases (primarily, the OIG exclusion list). The names were further cross‐checked and verified with other public records. Details regarding demographics and the particulars of the fraud were obtained by searching court documents, media reports, the internet, and records maintained by the American Medical Association and state medical licensing boards. The paper categorizes these doctors by: age, gender, geographic location, medical school attended, and medical specialty, and compares these demographics to those of the medical profession as a whole. The paper then identifies: the specific Medicare fraud these physicians were charged with; length of prison sentence and/or probation imposed; amount of fines assessed and/or restitution ordered; and professional sanctions imposed.

Findings

Physicians convicted of criminal Medicare and/or Medicaid fraud tend to be male (87 percent), older (average age of 58), and international medical graduates (59 percent). Family practitioners and psychiatrists are overrepresented. The amount of fraud averaged $1.4 million per convicted physician. Surprisingly, despite the fact that 40 percent of such fraud compromised patient care and safety, 37 percent of physicians convicted of felony fraud served no jail time, 38 percent of physicians with fraud convictions continue to practice medicine, and 21 percent were not suspended from medical practice for a single day despite their fraud convictions.

Practical implications

The paper makes several practical recommendations including: running as many claims as possible through predictive modeling software to detect fraud before claims are paid; developing metrics on the average rate of diagnoses and procedures by specialty to be used in the predictive modeling software; incorporating the basics of ethical billing and the consequences of fraud convictions into the medical school curriculum and testing this knowledge on the USMLE; and encouraging and/or pressuring state medical boards to hold physicians more accountable for fraud.

Originality/value

The paper categorizes doctors convicted of Medicare and/or Medicaid fraud and makes specific recommendations regarding physician training, licensing and discipline, to reduce the amount of Medicare fraud perpetrated by doctors in the future.

Details

International Journal of Pharmaceutical and Healthcare Marketing, vol. 7 no. 1
Type: Research Article
ISSN: 1750-6123

Keywords

Article
Publication date: 1 October 2018

Nicole F. Stowell, Martina Schmidt and Nathan Wadlinger

The purpose of this paper is to make readers aware of the extensiveness of healthcare fraud in the USA and how it involves and affects the government, healthcare providers…

1815

Abstract

Purpose

The purpose of this paper is to make readers aware of the extensiveness of healthcare fraud in the USA and how it involves and affects the government, healthcare providers, insurance companies, patients and the public. In addition, recommendations are made that may help control this pervasive type of fraud.

Design/methodology/approach

A range of different journal publications, information from government health institutions and law enforcement websites, healthcare fraud cases and healthcare laws are used as a basis to provide information about how fraudsters are committing healthcare fraud and how to prevent this fraud from occurring.

Findings

Despite increased funding and prosecution efforts by the government, healthcare fraud continues to be a major threat to the US economy and public. While healthcare fraud will never be eradicated, specific efforts can be deployed to help rein in these complex fraud schemes.

Practical implications

The paper provides a useful resource of information on healthcare fraud for healthcare providers, insurance companies, patients and the public that may help combat healthcare fraud and prevent financial losses.

Social implications

Every dollar saved from combating fraud could be used to improve access to more or better health services and can, thereby, save lives.

Originality/value

This paper provides recommendations regarding healthcare fraud that could help prevent this large drain on the US economy.

Details

Journal of Financial Crime, vol. 25 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 16 July 2018

Christine L. Arazan

Prior studies of criminal sentencing have largely focused on individual-level predictors of sentencing outcomes. The purpose of this paper is to examine the effects of a variety…

Abstract

Purpose

Prior studies of criminal sentencing have largely focused on individual-level predictors of sentencing outcomes. The purpose of this paper is to examine the effects of a variety of theoretically derived community measurements of social threat and disadvantage on the criminal sentencing of convicted felons. This analysis permits an evaluation of whether legal ideals such as equality before the law and policy goals of equal treatment for like offenders are achieved.

Design/methodology/approach

The study examines data of individuals sentenced in the state of Florida and community level measurements of racial and ethnic threat and community disadvantage. Hierarchical generalized linear model is used to analyze the effect of these measures on the dichotomous in/out imprisonment variable, and standard hierarchical linear regression analysis is used to model the continuous dependent variable of sentence length.

Findings

The results provide support for the racial threat perspective though not for ethnic threat nor community disadvantage. The findings and their implications are discussed in terms of theory, research and policy.

Practical implications

Racial disparity in criminal justice practices is receiving increasing public and policy attention, as evidenced by the growing Black Lives Matter movement. Regarding sentencing, racial disparity remains a major research and policy question. While the current research and theoretical literature on sentencing is not conclusive, it is clear that race matters. As a result, racial disparity in sentencing needs to be a priority in subsequent “transitional criminology” efforts between researchers and policy makers to identify, explain and ultimately predict exactly how race impacts sentencing, and how to reduce it as a consideration from sentencing.

Originality/value

This study contributes to a growing body of literature that examines the social context of punishments by using several community level measurements of threat and disadvantage, while modeling the two-step sentencing outcome of imprisonment and sentence length.

Details

Journal of Criminological Research, Policy and Practice, vol. 4 no. 4
Type: Research Article
ISSN: 2056-3841

Keywords

Article
Publication date: 1 January 2000

Kimberly Anne Summe

Money laundering, the process by which the proceeds derived from criminal activity are disguised or concealed, is a problem of international dimensions. US law enforcement…

Abstract

Money laundering, the process by which the proceeds derived from criminal activity are disguised or concealed, is a problem of international dimensions. US law enforcement officials estimate that between $100bn and $300bn in US currency is laundered each year. Some observers estimate the global range to be between $200bn and $500bn each year, making money laundering the world's third largest business behind foreign exchange and the oil industry. The International Monetary Fund provides an even higher estimate, determining in 1999 that the aggregate size of global money laundering could be between 2 and 5 per cent of the world's gross domestic product, translating into $590bn to $1.5trn annually.

Details

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

Article
Publication date: 6 June 2016

Karen Schonfelder, S. Ramakrishna Velamuri and Wilson Liu

The purpose of this study is to explore the regulatory framework in China and the extent to which Chinese multinationals have implemented and disclosed their anti-bribery and…

1017

Abstract

Purpose

The purpose of this study is to explore the regulatory framework in China and the extent to which Chinese multinationals have implemented and disclosed their anti-bribery and corruption (ABC) compliance practices. This is done against the backdrop of the evolving international ABC compliance standards.

Design/methodology/approach

This study is based on detailed reviews of the ABC compliance standards of international organizations; legislation passed by the USA, the UK and Chinese Governments; seven semi-structured interviews with leading experts in the field; and comparisons of ABC program disclosures of four Chinese with four best-in-class western multinational corporations.

Findings

A high level of convergence was found in the ABC standards published by the international organizations. Several positive features were found in the Chinese ABC regulatory frameworks but our findings indicate that there is minimal disclosure around ABC compliance program practices. This paper shows that a transparent disclosure would represent an easy win for Chinese multinational corporations and contribute to raising their reputations internationally.

Research limitations/implications

While there are numerous studies in the law literature on ABC compliance standards and the extent to which they are effective in achieving their objectives, this is an emergent area in management research, to which our study makes a contribution. Future research could explore how other emerging economies are tackling this important issue.

Practical implications

By proactively adopting ABC compliance practices, corporations can seize the ethical high ground and build solid reputations with their stakeholders.

Originality/value

It is believed that this study is the first academic study that compares Chinese and international ABC standards.

Details

Corporate Governance, vol. 16 no. 3
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 10 April 2017

Marek Palasinski and Neil Shortland

The purpose of this paper is to explore individual factors predicting support for harsher punishments for relatively common and uncommon serious offenders.

Abstract

Purpose

The purpose of this paper is to explore individual factors predicting support for harsher punishments for relatively common and uncommon serious offenders.

Design/methodology/approach

In Study 1, 120 UK participants (60 males and 60 females; mean age =37.31 SD=16.74) completed a survey exploring the extent to which they supported harsher punishments (SHP) for first time and repeat fraud, sexual and violent offenders. In Study 2, 131 participants (70 Britons and 61 Singaporeans; 69 females and 62 males; mean age=31.57; SD=10.87) completed a similar survey exploring their support for life sentence without the possibility of parole (SLSWP) for rather uncommon repeat offenders (i.e. drug traffickers, human traffickers, serious sexual offenders).

Findings

Study 1 found that right-wing authoritarianism (RWA) was an SHP predictor for first time and repeat fraud, violent and sex offenders. Study 2 found that national identity (i.e. how British or Singaporean participants felt) played a similar role to Study 1’s RWA in being a positive SLSWP predictor for repeat human traffickers and drug traffickers of both sexes, as well as male sex offenders. In contrast to the hypothesis, however, participants’ locations did not appear to play a statistically significant role.

Research limitations/implications

This survey-based research reveals a nuanced and quite consistent picture that could benefit from the inclusion of socio-economic factors and other cross-cultural comparisons.

Practical implications

The key message from this study is to inform the public on the role that right-wing authoritarianism and national identity play in their SHP and SLSWP.

Social implications

It is vital to increase the legislators’ and the public awareness of the role that national identity and RWA seem to play.

Originality/value

The paper offers insight into factors behind people’s punitive attitudes towards specific crimes regardless of geo-cultural location.

Details

Safer Communities, vol. 16 no. 2
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 11 February 2020

Emily M. Homer and George E. Higgins

The purpose of this paper is to assess if federal judges have sentenced criminal corporations to fines that are consistent with the seriousness of the offense and the…

Abstract

Purpose

The purpose of this paper is to assess if federal judges have sentenced criminal corporations to fines that are consistent with the seriousness of the offense and the blameworthiness of the organization, which would be in line with the directives from the US Sentencing Guidelines. This paper will also use the focal concerns framework to measure organizational blameworthiness.

Design/methodology/approach

This paper uses secondary data from federal sentencing documents, collected by the US Sentencing Commission, for cases that were adjudicated between October 1, 2010 and September 30, 2017.

Findings

Results showed that the focal concerns framework can be used to define potential constructs for blameworthiness and that an organization’s culpability score was a significant predictor in whether the company received a higher fine.

Research limitations/implications

The data are unable to examine two of the three measures of focal concerns. Cross-sectional data limits the ability to draw conclusions regarding cause and effect between blameworthiness and monetary fines.

Practical implications

Results imply that judges are sentencing corporations that have higher culpability scores to more severe fines, in accordance with both the federal Sentencing Guidelines and focal concerns framework.

Originality/value

This study is one of the first to apply the focal concerns framework, usually used to examine the sentencing of individuals, to the sentencing of corporations. It is also one of the first to attempt to empirically define blameworthiness.

Details

Journal of Financial Crime, vol. 27 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

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