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1 – 10 of over 1000
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

Book part
Publication date: 21 December 2010

Deborah Koetzle Shaffer

In response to a number of highly publicized sexually-oriented and violent crimes against children, the federal government enacted legislation aimed at monitoring sex offenders in…

Abstract

In response to a number of highly publicized sexually-oriented and violent crimes against children, the federal government enacted legislation aimed at monitoring sex offenders in the community. Sex offender registration and notification laws are intended to prevent sexual victimization by informing the general public about would-be danger, providing the police with additional investigative tools, and deterring offenders from engaging in further criminal behavior. Despite public support for these laws, it is not clear they effectively reduce sex offending. This essay reviews the development of these laws, their application, and the impact of registration and notification.

Details

Social Control: Informal, Legal and Medical
Type: Book
ISBN: 978-0-85724-346-1

Article
Publication date: 18 September 2020

Dean Wilkinson and Laura Caulfield

The purpose of this paper is to review and understand what the existing evidence base concludes about the needs of this population. The older prisoner population is growing faster…

Abstract

Purpose

The purpose of this paper is to review and understand what the existing evidence base concludes about the needs of this population. The older prisoner population is growing faster than the older general population and placing a strain on prisons. Much of the existing literature focusses on the health-care needs of, or in-prison initiatives for, older prisoners. Typically, these are responsive and lacking an evidence-based understanding of the characteristics and needs of this group.

Design/methodology/approach

This paper presents a systematic review of the existing literature on the needs and characteristics of older people in contact with the criminal justice system. After a thorough search and selection process, 21 papers, from 2002 onwards, were included in the final analysis. The review process was structured through (People, Intervention/Exposure, Comparison, Outcome) and reported using (Preferred Reporting Items for Systematic Reviews and Meta-Analyses).

Findings

The contradictions within the existing evidence base make it difficult to reach firm conclusions about the needs and characteristics of older prisoners. What is clear from the existing research are the relatively high levels of need. There is also some consensus that where older people commit homicide, the victim is likely to be an intimate partner. Overall, there is a need for consistent recording and reporting of characteristics and demographics and more systematic study design.

Originality/value

This paper has highlighted the key findings and limitations in the existing literature. Future research should make use of secondary official data sources to provide a clearer understanding of the characteristics of this group, their routes to prison, their needs and challenges they present.

Details

Journal of Criminal Psychology, vol. 10 no. 4
Type: Research Article
ISSN: 2009-3829

Keywords

Book part
Publication date: 25 September 2023

Jeremiah Coldsmith and Ross Kleinstuber

In recent decades, the use of capital punishment has declined, but in its place, a ‘new death penalty’ has arisen: life without parole (LWOP), which is being used far more…

Abstract

In recent decades, the use of capital punishment has declined, but in its place, a ‘new death penalty’ has arisen: life without parole (LWOP), which is being used far more frequently and for more crimes than capital punishment ever was. Yet, LWOP has received far less scholarly attention than the death penalty. Because of its greater scale, assessing the effects of LWOP on crime has important policy implications and is a better test of extreme penalties. Existing studies of LWOP focus on humanitarian issues and ignore its potentially reciprocal relationship with crime. Therefore, we use available LWOP data to fill these gaps in the literature, using models specifically designed to control for potential reciprocal effects. The results indicate there is no reciprocal causation between LWOP and violent crime and, at best, LWOP’s impact on crime is small, temporary, and, most importantly, no greater than the impact of life with parole.

Details

Law, Politics and Family in ‘The Americans’
Type: Book
ISBN: 978-1-83753-995-6

Keywords

Article
Publication date: 1 April 2019

Omari Zuberi and Siasa Issa Mzenzi

The study aims to explore specific motivations, rationalizations and opportunities that are involved in the occurrences of both employee and management fraud in the context of an…

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Abstract

Purpose

The study aims to explore specific motivations, rationalizations and opportunities that are involved in the occurrences of both employee and management fraud in the context of an emerging African country, Tanzania. It builds and extends from the fraud triangle theory.

Design/methodology/approach

A survey was developed and administered to 114 participants who had witnessed, had examined or had been involved in fraud resolutions. The participants included fraud examiners, business managers and owners, victims, auditors, lawyers, and law enforcement agents. The data collected were analysed using descriptive analysis, principal component analysis and correlation analysis.

Findings

The results revealed six motivation factors that incentivize employees and managers to engage in fraudulent behaviours. These are business financial strain, social incentives and pressure, greed, operating problems, internal pressures and malevolent work environment. In addition, fraudsters rationalized their behaviour through five significant neutralization techniques identified as social weighting, transferring of blame, denial of injury, attitude and prior fraud history. Lastly, victim organisations were identified to have three main fraud opportunities: poor control environment, inadequate control activities and circumstances that allowed collusive behaviour among fraudsters.

Research limitations/implications

While the study attempted to explore the motivations, opportunities and rationalizations from the perspectives of the fraud-fighting professionals and witnesses, their views and suggestions might be different from the actual known fraudsters or incarcerated individuals.

Practical implications

Business organisations, fraud-fighting professionals and general community must understand the factors behind fraud occurrences, so proper measures may be taken to limit the frequency and amount of fraud losses.

Social implications

Creation of public awareness and dialogue necessary for the prevention, fighting and deterrence against all forms of fraud.

Originality/value

Despite the occurrences of many scams in both public and private sectors, limited studies exist as to the triggers behind fraud occurrences in the context of the developing countries and whether these triggers are the same as in other contexts. This study is an attempt to fill this gap.

Details

Journal of Financial Crime, vol. 26 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 13 July 2022

Megan Jean Parker and Mary Dodge

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly…

Abstract

Purpose

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs.

Design/methodology/approach

The current study is an in-depth qualitative analysis that explores judicial actors’ and white-collar crime scholars’ opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus.

Findings

An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not “black or white,” stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that “DPAs are another essential arrow in a prosecutor’s quiver – and something a defense attorney can bargain for” (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that “DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity” (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: “Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider” (Respondent 21). Another respondent highlighted that “DPAs are the only tool available that can be employed to change an entire organization structurally” (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that “DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon” (Respondent 17). Another government official confirmed this statement, indicating that “DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business” (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that “the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness” (Respondent 12). Another academic who was previously a government official stated: “DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient.”

Research limitations/implications

Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants.

Practical implications

Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA.

Originality/value

Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements’ potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements.

Article
Publication date: 16 December 2019

Glenn D. Walters

The purpose of this paper is to illustrate how first-time offenders and habitual criminals, while displaying wide differences in offense frequency, appear to follow a similar…

Abstract

Purpose

The purpose of this paper is to illustrate how first-time offenders and habitual criminals, while displaying wide differences in offense frequency, appear to follow a similar pattern in committing crime.

Design/methodology/approach

A conceptual approach is adopted in this paper.

Findings

It is argued that criminal thinking is the common denominator in both patterns, the difference being that habitual criminals have a higher resting level of proactive and reactive criminal thinking than first-time offenders. With an earlier age of onset, the habitual criminal may be more impulsive and reactive than first-time offenders, which partially explains why most low-rate offenders are not identified until adulthood.

Practical implications

Because actual and perceived deterrents to crime correlate weakly, if at all, it is recommended that perceived environmental events and criminal thinking be the primary targets of prevention and intervention programs.

Social implications

Environmental stimuli, such as events that produce general strain, increase opportunities for crime, reinforce criminal associations, irritate the individual and interfere with the deterrent effect of perceived certainty, can both augment and interact with criminal thinking to increase the likelihood of a criminal act in both first-time offenders and habitual criminals.

Originality/value

The unique aspect of this paper is that it illustrates that certain features of crime and criminality are found across offending levels, whereas other features are more specific to a particular level.

Details

Journal of Criminal Psychology, vol. 10 no. 1
Type: Research Article
ISSN: 2009-3829

Keywords

Book part
Publication date: 21 March 2023

Ezgi Ildirim

Recently researchers working on criminal behaviour have interested in elder offenders as the population is getting older. Crime statistics showed that the number of offenders over…

Abstract

Recently researchers working on criminal behaviour have interested in elder offenders as the population is getting older. Crime statistics showed that the number of offenders over the age 55 is increasing each year. These statistics revealed that older people engage not only in minor crimes but also engage in serious crimes. One of this kind of crimes is sexual abuse which is defined as sexual offending against the individuals who are incapable of giving consent. Although public view regarding to elder people sexuality is seen as they are incapable of this kind of acts because of their age, the statistics showed that contrary. Yet the reasons behind the offending behaviour of these elderly people is explained little by the researchers. The aim of this chapter is to review the psychological perspective including neurobiological, psychiatric, cognitive and behavioural perspective. Neurobiological and psychiatric approach mainly focused on disease that lead to criminal conduct like dementia or paedophilia. Cognitive approach emphasises the cognitive distortions regarding to sexual abuse behaviour. Behavioural approach proposed that the learning process based on classical conditioning and operant conditioning determine the sexual abuse behaviour. Yet none of the theories alone not enough to explain the sexual abuse behaviour in elderly people. There is a need for more studies on sex offending behaviour of elderly people in order to have comprehensive understanding of their behaviour and to put forward new theoretical models.

Open Access
Article
Publication date: 13 April 2020

Nigatu Wassie, Bekele Melese and Nahom Eyasu

The purpose of this study is to investigate the socioeconomic determinants of property crimes on convicted offenders in the Chilga district correctional institution (CDCI).

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Abstract

Purpose

The purpose of this study is to investigate the socioeconomic determinants of property crimes on convicted offenders in the Chilga district correctional institution (CDCI).

Design/methodology/approach

This study conducted a socioeconomic determinant of property crimes on convicted offenders using quantitative research. Respondents consisted of a random sample of 170 convicted offenders in CDCI. This study used descriptive statistics, logistic regression and Pearson correlations for analyzing the quantitative data in CDCI.

Findings

The results of the study showed that the age at first engagement, educational status, offender’s immediate economic situation and previous experience of the offender were the perceived reasons in one’s major property crime offending. However, average monthly income, peer effect and family structure (grown up with) were found to be non-perceived reasons. Youths who are unmarried, illiterate and unemployed offenders had over three times more probabilities of committing theft than robbery and burglary in the winter season, especially in February, because of the determinants of illiteracy and unemployment such as negligence for the future life. Furthermore, the convicted offenders who were illiterate, unemployed and raised by single parents have engaged in theft for the first time, but burglary and robbery by employed and literate offenders in more probable.

Originality/value

This paper takes a fresh perspective on knowledge about property crime and economic as well as criminological theories using various bodies of academic research. This paper’s insight will be helpful to fill the literature gaps; there are lot research studies with little investigations addressing to the issue of the determinants of property crime. It will also be useful for policymakers to mitigate the determinant of property crime.

Details

Journal of Financial Crime, vol. 30 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

1 – 10 of over 1000