Dissecting White-Collar Crime: Offense Type and Punitiveness

It is commonly asserted that the public is indifferent toward white-collar crime and hence is reluctant to “get tough” with more “respectable” criminals. However, such a contention fails to consider that there are many varieties of upperworld criminality and that the punitiveness of the public may differ markedly according to the type of offense involved. Based on a 1981 survey conducted in Galesburg, Illinois, we have attempted to investigate whether the criminal sanctions prescribed by citizens will vary when the broad category of white-collar crime is “dissected” into its component types. The data suggest that (1) there is considerable variation in punitiveness by type of offense; (2) while street crimes are generally given the harshest sentences, violent forms of white-collar illegality are accorded severe sanctions that exceed those meted out for some F.B.I, crimes; and (3) there is little support for the notion that the public responds leniently to upperworld crime.     

The Consequences of Knowledge about Elite Deviance

The present study sought to understand the consequences of knowledge about elite deviance. Four hundred and eight participants completed an online questionnaire that measured (1) their level of knowledge about white-collar crime and (2) their perceived seriousness of, and punitiveness toward, it. Results of statistical analyses suggest a positive relationship between knowledge and punitive sentiments toward crimes of the powerful. Conversely, less knowledgeable subjects, comprised disproportionately of men, politically Conservatives, Republicans, and conservative Protestants were often more lenient toward elite offenders, both in terms of perceived seriousness of the offenses and punitiveness toward them, when compared with street crime. Implications of these findings are discussed.     

"CLUB FED" AND THE SENTENCING OF WHITE-COLLAR OFFENDERS BEFORE AND AFTER WATERGATE

This paper counterposes the common assumption that criminal justice systems are resistant to reform with the widespread belief that the sentencing of white-collar offenders became more severe after Watergate. It is argued that readjustments may be more more common than actual reforms in criminal justice systems. This paper provides an example of how such processes of readjustment can be explored in the context of sentencing decisions made before and after the unique historical experience of Watergate. It is shown with data from one of America's most prominent federal district courts that changes did occur in sentences imposed before (in 1973) and after (1975) Watergate, but with offsetting results: after Watergate, persons convicted of white-collar crimes were more likely to be sentenced to prison, but for shorter periods of time, than less-educated persons convicted of common crimes. Using a technique that corrects for sample selection processes, these effects are shown to cancel one another out. Examples are provided of the token kinds of prison sentences assigned after Watergate to white-collar offenders in several highly publicized cases and areas of enforcement.     

College education,major, or criminology classes? An examination of what drives students’ level of punitiveness

This study examines the level of punitiveness of criminology and criminal justice (CRIM) majors and non-majors. In particular, undergraduate students from a mid-western university situated in a rural area were surveyed to determine if college education, major, or exposure to CRIM classes impacts their punitive attitudes towards offenders. Regression analyses suggest that it is not the number of CRIM classes or the liberalization effect of college but the major that best predicts the level of punitiveness. Results also indicate that predictors of punitiveness differ between CRIM majors and non-CRIM majors. Implications of these findings are discussed.     

Lay-Perspectives on Criminal Deviance,Goals of Punishment,and Punitivity

Empirical studies corroborate a relatively close relation between goals of sentencing and punitiveness. However, it is not clear what aspects of sentencing goals motivate harsh punishment. This study analyzes the structure of sentencing goals and scrutinizes in particular whether the idea of retribution is associated with punitiveness, or whether punishment considerations from a societal perspective (macrolevel) are the source of more punitive responses. A questionnaire was mailed to a random sample drawn in Bern, Switzerland. A total of 357 persons responded to items measuring constructs including goals of sentencing, punitiveness, target of justice considerations, and perceived threat to society, after reading one of three short stories about specific crimes (fraud, physical injury, assault). Results of this study reveal a two-dimensional structure of sentencing goals. One dimension represents readiness to punish and exclude the offender socially. The other dimension refers to concerns of the victim versus the needs of the society as a whole. The analysis provides a new interpretation of sentencing goals.     

Regulatory justice: A re-examination of the influence of class position on the punishment of white-collar crime

The issue of class bias in response to white-collar crime offenders remains unresolved because of data limitations, research design problems, and debates over the conceptualization of core factors. One problem is that previous research failed to consider the full range of legal actions that can be taken against a violator of regulatory law; it typically focuses only on criminal sanctioning when addressing the issue of bias. Recent data on formal actions taken against federal securities offenders were used to reconsider the issue of bias. This analysis, however, examined the entire range of legal actions taken against offenders—civil, administrative, and criminal. I used a logistic regression analysis to determine the sampled offenders' likelihood of receiving a punitive sanction. Both principals and “contrepreneurs” were significantly less likely to receive a punitive response than managers and other legitimate actors in the workplace. Securities professionals (other than principals) were particularly vulnerable to punitive sanctions if they were affiliated with larger firms in the industry, as opposed to smaller firms. These findings suggest that the relationship between class and the punishment of white-collar offending is more complex than suggested previously.     

Disappearing act: The representation of corporate crime research in criminological literature

Following the labeling, conflict, and radical movements of the 1960s and 1970s and the attention these perspectives directed toward crimes committed by the powerful, it became commonplace for most criminologists to assume that corporate and white-collar crime received adequate attention in criminological and criminal justice literature. At the same time, corporate and white-collar crime researchers continued to assert that the behaviors they studied remain underrepresented in criminological literature, especially relative to the level of harm these behaviors cause. This article examines these two competing assumptions concerning the prevalence of corporate and white-collar crime literature during the later 1990s by: (1) analyzing the contents of several major criminological and criminal justice journals over a five-year time period; and (2) analyzing the coverage, placement, and integration of white-collar and corporate crime discussions in criminology and criminal justice textbooks. In addition, twenty-one Ph.D. granting criminology departments were polled to determine whether they offered regular and required courses on corporate and white-collar crime. Representativeness was determined through comparisons of the number of journal articles and the number of textbook pages published on white-collar and corporate crime indicators relative to the number of articles and pages published on several other criminological issues. Indicators of and the determination of representativeness are related to indicators of the seriousness (financial costs and level of violence) and impact of corporate and white-collar crime on society compared to the seriousness and impact of street crimes.     

Going to Jail Sucks (And It Really Doesn’t Matter Who You Ask)

A growing body of research suggests that, according to both offenders and criminal justice practitioners, jails and correctional boot camps are viewed and experienced as significantly more punitive than prison. Nevertheless, limited research exists examining the perceptions of the public regarding jail conditions and operations. Using responses from 1,183 Kentucky adults, we examine public opinion regarding the punitiveness of jail when compared to prison. We determine that, with the exception of boot camp, respondents feel that jail is the most punitive noncapital sanction. Additionally, respondents who had been convicted of a felony at some point in their lives and respondents with lower household income indicated that they would serve significantly less time in jail to avoid prison than their counterparts if given the option. Implications for policy and future research are discussed.     

New Labour – New Penology? Punitive Rhetoric and the Limits of Managerialism in Criminal Justice Policy

This paper argues that New Labour's 'tough' stance on law and order has given rise to a criminal justice policy which is based on fundamental contradictions and which involves a substantial retreat from traditional socialist thinking on crime. The continuation of a populist punitive approach ensures the predominance in policy making of a 'criminology of the other' which, in turn, sustains a 'punishment deficit' which fuels public expectations that crime can be controlled effectively by a policy of deterrence through punishment. This populist punitiveness, it is argued, is at odds with another strand of government penal policy, the attempt to secure greater efficiencies and economies by an intensification of managerialism throughout the criminal justice system.     

Public perceptions of white-collar crime and punishment

Although financial losses from white-collar crime continue to exceed those of street crime, the criminal justice system has traditionally focused on the latter. Past research suggested that citizens are more likely to support punitive sanctions for street offenders than white-collar offenders. Recent corporate scandals have increased public awareness of white-collar crime, but whether public attitudes have been altered remains to be determined. Using a 2005 national sample of 402 telephone survey participants, the current study examined citizen perceptions of white-collar and street crime, as well as attitudes regarding apprehension and punishment. This research extended prior studies by also considering the influence of sociodemographic characteristics as well as perceptions of white-collar crime and punishment on the public's support for increasing resource allocation. Implications for future research and development of more effective white-collar crime control policy are discussed.     

PUNITIVE SENTIMENT

Scholarship has long noted the importance of understanding the changes that occur over time in aggregate public support for punitive criminal justice policies. Yet, the lack of a reliable and valid measure of this concept limits our understanding of this aspect of the criminal justice system. This research develops a measure of public support for punitive policies from 1951 to 2006 using 242 administrations of 24 unique survey indicators. It argues that punitive sentiment is politically constructed via frames focusing on the permissiveness of the criminal justice system. Punitive sentiment is estimated with an error‐correction model showing both the short‐ and long‐term relationships between punitive sentiment and presidential framing of crime, public dissatisfaction with social welfare policies, and perceptions of racial integration. The results highlight the complex dynamics responsible for the change over time in punitive sentiment as well as the possibilities of obtaining public support for alternative solutions to crime.     

Racial prejudice, perceived injustice, and the Black-White gap in punitive attitudes

Conflict theory and previous research suggest that the Black-White difference in support for harsh criminal punishments may be linked to anti-Black prejudice among Whites and perceived injustice among Blacks. Using survey data from the 2001 Race, Crime and Public Opinion Study, this article examines the sources of the racial gap in levels of punitiveness. Two main explanations are tested: perceived racial bias in the criminal justice system and racial prejudice. The results indicate that, together, racial prejudice and perceived racial bias explain the Black-White gap in punitive attitudes.     

Creative Death Penalty Reform in China: The Case of Drug Transportation

China's criminal justice system has, for decades, been consistently notorious as one of the world's most punitive. Recent reform of the nation's decades‐long harsh criminal justice policy to instead balance severity with greater leniency has given reformist‐minded judges and legal experts some cause for optimism. However, it has also created a judicial dilemma in determining how to apply this more lenient ethos in sentencing some capital crimes. This is particularly the case for the capital crime of transporting drugs, which is the focus of this article. This article reveals how reform can be achieved through skillful legal maneuvering for a crime category that is caught between two contesting views of the social benefits of punishment.     

The decomposition and graphical analysis of crime and sanctions data: A cross-national application

This article attempts to illustrate the utility of isoquant map analysis from the field of production theory in microeconomics for the analysis of criminal justice data. Cross-national comparisons of aggregate crime and justice data are used to demonstrate the ability of this technique to reveal important patterns that are often obscured by simple rate comparisons and multivariate treatments such as pooled time-series analysis. For each jurisdiction, aggregate trends in criminal justice processing rates are systematically analyzed as a sequence of two-input production processes: gross imprisonment rates (prison population divided by resident population) can be partitioned in terms of the crime rate and punitiveness (prison population divided by the number of offenses); punitiveness can, in turn, be partitioned in terms of severity and certainty of punishment; certainty of punishment can then be partitioned, seriatim, in terms of the incarceration rate, the conviction rate, and the arrest or clearance rate and the rate at which citizens report crimes. Cross-national data collected by Farrington, Langan, and Wikström are used to illustrate the utility of the method for displaying comparisons of the decomposition of aggregate criminal justice data for the United States, England, and Sweden.     

Perception of Seriousness and Concern about White-Collar Crime: Some Results of an Opinion Survey Among Swiss Banks

Scientifically, little is known about white-collar crime in Switzerland or concern about white-collar crime and even less about how concerned bank employees are about this criminality. This article is based on a small opinion survey of Swiss bank employees and tries to explore perceptions of seriousness and concern about white-collar crime among people who, in their position, might have to face this issue regularly. Past assumptions on the public’s indifference towards white-collar crime seem not to be confirmed in this study as the results obtained demonstrate a greater sensitivity with respect to white-collar crime and especially towards crimes perpetrated by corporations. Even though Swiss bank employees do qualify white-collar offences as very serious acts, they are still more punitive with regard to ordinary crimes.     

“Scholarly influence” and white-collar crime scholarship

This article explores many of the factors that play a role in the relative lack of scholarly influence of criminology and criminal justice professionals who focus on studying white-collar and corporate crime. The latest studies of “scholarly influence” in criminology and criminal justice journals and textbooks based on citation analyses confirm the absence of scholars who study white-collar and corporate crime. The sparse inclusion of white-collar and corporate crime topics in criminology and criminal justice curriculum in academic programs also indicate that the area is considered by many as a subfield rather than a mainstream component of academic criminology. Whether or not this status will change remains to be seen, but, on a positive note, there are a few encouraging signs that scholarly influence in the field will include more white-collar criminologists in the future.     

CONTROLLING OTHER PEOPLE'S CHILDREN: RACIALIZED VIEWS OF DELINQUENCY AND WHITES’ PUNITIVE ATTITUDES TOWARD JUVENILE OFFENDERS*

The juvenile justice system was founded on, and until recently developed around, the idea that society should afford delinquents more leniency and rehabilitative care than adult criminals because of their lower levels of physical and cognitive development and, thus, diminished culpability for law violations and higher amenability to treatment. The past four decades, however, have witnessed a sustained movement to recriminalize delinquency through the enactment of policies that treat juvenile offenders more like their adult counterparts. Feld (1999a) and others have argued that this punitive turn in juvenile justice is in part a result of the racialization of delinquency and violent victimization in the post–Civil Rights era. This study provides the first test of the key assumption underlying this thesis, namely, that Whites’ support for getting tough with juvenile offenders is in part tied to racialized views of youth crime. Drawing on data from a recent national survey, we examine the extent to which relative racial typifications about delinquency and victimization, as well as racial resentment, are associated with general punitiveness toward juvenile offenders as well as support for lower minimum ages of criminal justice jurisdiction. Regression results show that Whites who hold such typifications and those who are more racially resentful are both more likely to embrace punitive youth justice policies and favor transfers for younger offenders. The implications of the findings are discussed.     

The Neglect of Elder Neglect as a White-Collar Crime: Distinguishing Patient Neglect from Physical Abuse and the Criminal Justice System’s Response

While research on elder maltreatment has increased dramatically over the past three decades, few studies have considered elder neglect. Even fewer studies have addressed cases of patient neglect committed while older adults are receiving long-term care. In this study, we analyzed 252 cases of elder maltreatment to increase understanding about elder patient neglect and the way that patient neglect can be distinguished from patient abuse. The criminal justice system’s response to these crimes is also addressed. The results show that offenders in elder patient abuse and patient neglect cases receive similar sentences. However, the dynamics surrounding the offenses are different in important ways. Patient neglect cases are more likely than patient abuse cases to (1) involve multiple victims, (2) be committed in groups, (3) be white-collar crimes rather than occupational crimes, and (4) result in more serious consequences for victims. Implications for policy, theory, and research are provided.     

SPECIFIC DETERRENCE IN A SAMPLE OF OFFENDERS CONVICTED OF WHITE COLLAR CRIMES*

It is generally argued that white-collar criminals will be particularly influenced by punishment policies. White-collar crime is seen as a highly rational form of criminality, in which the risks and rewards are carefully evaluated by potential offenders, and white-collar criminals are assumed to have much more to lose through sanctions than more common law violators. In this article we examine the impact of sanctions on the criminal careers of 742 offenders convicted of white-collar crimes in seven US. district courts between fiscal years 1976 and 1978. Utilizing data on court-imposed sanctions originally compiled by Wheeler et al. (1988b), as well as information on subsequent criminal behavior provided by the Identification Bureau of the Federal Bureau of Investigation, we assess the effect of imprisonment upon the oficial criminal records of people convicted of white-collar crimes. Comparing prison and no-prison groups that were matched in terms of factors that led to their receipt of a prison sanction, we find that prison does not have a specific deterrent impact upon the likelihood of rearrest over a 126-month follow-up period.