Simple Rhetoric and Complex Punitiveness: Federal Criminal Justice Responses to White-Collar Criminality

Abstract

Though criminological literature shows that the manifestation of punitiveness in the criminal justice system is complex, it rarely differentiates between responses to different kinds of crimes. This constitutes a significant gap in knowledge, as it is widely believed that white-collar crimes are treated leniently. In light of the “heating up” of political rhetoric, the expansion of federal criminal law, and the increased maximum punishments on conviction, the article aims to explore whether prosecutorial and judicial responses to white-collar crimes have become more punitive, employing rarely used datasets from the Bureau of Justice Statistics (BJS) between 1996 and 2014. It is demonstrated that these responses are more complex and less consistently punitive than the rhetoric and policies advanced by politicians. It endeavors to capture the complexity of punitiveness in practice by measuring numerous variables and multiple points in the criminal justice process, studying punitiveness from multiple angles, using prosecution and sentencing data.     

Four Lessons for Developing Countries from the Trade Negotiations Over Access to Medicines

After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of free trade agreements. The paper suggests that the only real win for developing countries has been the Doha Declaration on the TRIPS Agreement and Public Health in 2001. What have been the lessons for developing countries in a decade of negotiations over access to medicines? Drawing on themes of rule complexity and regulatory ritualism the paper discusses four key lessons for developing countries. It concludes by arguing that developing countries will do better if they adopt a networked governance approach to negotiation rather than continuing to rely on traditional coalition formation.     

“The Spectacle of Fearsome Acts”: Crime in the Melting P(l)ot in <Emphasis Type="Italic">Gangs of New York</Emphasis>

This paper explores the multi-layered representations of violence and crime in the recent Hollywood film Gangs of New York [Scorcese (2003) Miramax]. We use our exploration of this film to suggest that popular culture, even through its most mainstream products, can be seen as a critical criminological space where alternative views of law, crime and the state are made available. Rather than understanding Hollywood movies simply as vehicles for disseminating conventional mores, we suggest that they can furnish critical (and complex) points of view on law and crime and that the project of a critical criminology can be strengthened by engaging more forthrightly with these ubiquitous cultural forms.     

Of form and format

At a conference of Russian media lawyers and programme producersin Moscow this June, considerable attention was devoted to thelegal status of television and radio programme formats. Partof the cause of this attention was the apparent ambivalenceof the law: if you want to adapt a format that has been developedby someone else, the developer will assert its ownership ofthe format right and threaten     

The challenge of institution-building in Asia and its implications for Asia-Europe relations

  East Asia, including Northeast Asia and Southeast Asia, has developed tightly-linked production/distribution networks through globalizing corporate activities. The vertical chain of production in East Asia has been even more sophisticated than economic integration in East Europe or Latin America. However, the political environment of East Asia for trade and investment has been far from borderless. The integration effort at the policy level has been very much limited so far, due to the historical background as well as geopolitics surrounding East Asia. The Asian currency/financial crisis provided these countries a historical turning point. After the burst of the crisis, East Asians realized that they have to take care of themselves in their difficulties, not depending on outside forces. A natural choice for them was to step into the realm of regionalism. In 1998, Japan and Korea officially announced that they would discard the long-lasting GATT/WTO-only approach and adapt the multi-layered approach, including both regionalism and multilateralism. The ultimate goal of regionalism would be a region-wide integration including ASEAN+3. As a steppingstone, Japan signed the Japan-Singapore Economic Partnership Agreement (JSEPA) in January 2002. In a parallel move, the ASEAN and China Leaders announced in November 2001 the establishment of an ASEAN-China Free Trade Area (ACFTA) within 10 years. This article will follow up the most recent advancement of regional institutional building in East Asia with the emphasis on peculiar characteristics of economic integration in the region and discuss its implications for Asia-Europe relations. This paper is heavily drawn from Kimura (2002, 2003).     

S&;T Parks and business incubators in middle-sized countries: the case of greece

This paper links the policy context regarding S&T parks to the objectives and characteristics of the established parks and incubators in a relatively small, converging European country. S&T parks and incubators in Greece during the past decade and a half have gradually shifted in terms of ownership and management from university/research institute to the private sector and in terms of financing from public to private funds, also involving the provision of seed capital and access to venture capital. This gradual shift toward more private engagement has created a variety of models out of which, it is hoped, successful innovative companies will emerge in larger numbers than in the past.

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A comparison of the Russian 13% flat rate PIT evasion stratified contributions and the US tax schedule

This paper reviews the existing literature on consumer credit reporting, the most extensively used instrument to overcome information asymmetry and adverse selection problems in credit markets. Despite the copious literature in economics and some research in regulatory policy, the legal community has paid almost no attention to the legal framework of consumer credit information systems, specially within the context of the European Union. Studies on the topic, however, seem particularly relevant in view of the establishment of a single market for consumer credit. This article ultimately calls for further legal research to address consumer protection concerns and inform future legislation.