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.     

Proficiency testing (external quality assessment) of drug detection in oral fluid

Eighteen external quality assessment (proficiency testing) samples were prepared from client specimens collected with the Intercept^® oral fluid collection device and by spiking drug-free oral fluid. Samples were circulated in pairs at quarterly intervals to 13 UK and USA based laboratories for analysis by a panel of OraSure micro-plate Intercept^® enzyme immunoassay kits and hyphenated mass spectrophotometric techniques. During the survey, there was a single case of non-specificity in a false report for methadone. The major errors were of lack of sensitivity relative to the concentration thresholds specified for the immunoassays. The sensitivity for overall ‘present’/‘not found’ reports calculated as true positives/(true positives + false negatives) were for the amfetamine specific assay 50%, methyl-amfetamines 93%, barbiturates 64%, cannabinoids 73%, cocaine and metabolites 100%, benzodiazepines 69%, methadone 95%, opiates 79% (opiates excluding oxycodone 93%), phencyclidine 93% and human gamma-globulin 97%. A small number of the sensitivity errors were attributable to errors in chromatographic confirmation techniques.     

Project USA: American competitiveness and what must be done to restore it

The United States today faces a loss of influence as a world power, a reduction in American independence as a policymaker, and a decline in the standard of living on which Americans have come to depend. History teaches that nations weaker and less productive than the United States can rise to become economic powerhouses and rapidly increase their standards of living. History also teaches that nations failing to recognize their fundamental problems will inevitably decline. American politicians must face what is abundantly clear: the United States is losing ground and must act quickly to reverse its course. This White Paper outlines what must be done. Information about the nation's current status must be analyzed and communicated. Incentives to improve the level of competence in government must be provided and maintained. The emphasis of government policy must be changed to reflect broad economic and technological interests as opposed to special interests. Savings must be encouraged and increased. Infrastructure must be improved Tax laws must be modified to help bring these changes about. Economic and technological issues must be elevated to the importance they require. American thinking must reflect the new realities: that the age of leadership through military power is over, that the requirements for success in the world of the 1990s and beyond require a sound and growing economy that is internationally competitive. The US can accomplish these goals only through foundation-shaking, comprehensive, fundamental changealong the lines we propose herein.This paper is the executive summary (with minor editing modifications) of a white paper that is available from Cornell University's Johnson Graduate School of Management.     

Modeling Other-Regarding Preferences and an Experimental Test

Behavior inconsistent with self-interest has beenobserved in many contexts. We argue thatmodels designed to cope with theseanomalies are inadequate to deal with avariety of social values. Our extension ofthe Fehr & Schmidt `inequity aversion'model is applied to results from dictatorexperiments in which the money to bedivided is generated by the efforts ofpaired individuals in either one or tworooms. This production leads to sharingbehavior qualitatively different from thatfound in other dictator experiments. Thepattern of sharing can be explained byentitlements, equity, and the credibilityof the experiment.     

Fiscal rules in the Canadian provinces: Abject failure or qualified success?

Most Canadian provinces have introduced legislation to require politicians of all ideological stripes to meet annual balanced budget (BB) targets. Critics of this type of legislation argue that it is unnecessary, confining, and subject to manipulation. We examine provincial balanced budget legislation before and after the Great Recession and argue that the response of provinces needs to be evaluated taking into account the multiple objectives of fiscal policy and the behavioural changes that the rules introduce, including creative non‐compliance. Rules should be evaluated on their ability to contribute to good fiscal governance rather than on their stringency.     

Aid vs. “Aid”: Foreign Aid in Mao‐Era China's Public Diplomacy

Historicising Chinese foreign‐aid thinking has become indispensable given China's increasing global role. This article examines a key aspect of this context: the Great Leap Forward and the emerging Sino‐Soviet split period (1958‐1961). The Peking Review is utilised as a window into official aid‐related discourses of the time. The article is organized around an aid vs. “aid” rhetorical and conceptual symmetry within the magazine. Aid is ultimately what Mao Zedong and other leaders intend audiences to code as pro‐development and prestigious. The greater the unreciprocated cost to the donor and the higher the embodied technology, the more helpful and prestigious the donor. At the same time, the more ideologically correct the recipient or donor, the greater its relative prestige in the equation. An ideologically correct recipient such as China deserves more help but needs it less, and accrues more prestige even as it gives comparatively less aid. “Aid” is the reverse image of aid in that it is harmful rather than helpful. But instead of being the opposite of prestigious, “aid” is powerful in a predatory, paper tiger‐like way. While this discourse reflects parochial concerns of the period, the underlying concepts are likely to continue to influence contemporary Chinese aid thinking and practices.     

Virginia's Revenue Forecasting Process and Models

In Virginia, major differences between revenue forecasts and actual revenue collections raised questions from legislators about the adequacy of the state's econometric forecasting models and the forecasting process itself. Consequently, Virginia's process and models were examined by the Joint Legislative Audit and Review Commission (JLARC), a legislative watchdog agency. The review found most of the differences could be attributed to declining economic factors and not poor forecasting. However, a surprisingly large component of the forecast was based on undocumented judgmental inputs that required greater oversight. Other states in similar circumstances may wish to evaluate their own forecasting process and econometric models using the JLARC approach.