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.     

Direct and Indirect Effects of Case Complexity, Guilty Pleas, and Offender Characteristics on Sentencing for Offenders Convicted of a White-Collar Offense Prior to Sentencing Guidelines

Previous research on the punishment of offenders convicted of a white-collar offense estimated models that specify only direct effects of defendant characteristics, offense-related variables, and guilty pleas on sentence severity. Drawing from conflict or labeling theories, much of this research focused on the effects of offender's socioeconomic status on sentence outcomes. Findings from this research are inconsistent about the relationship between defendant characteristics and sentence severity. These studies overlook how differences in case complexity of white-collar offense and guilty pleas may intervene in the relationship between offender characteristics and sentence outcomes. This study seeks to contribute to an understanding of federal sentencing prior to the federal sentencing guidelines by testing a legal-bureaucratic theory of sentencing that hypothesizes an interplay between case complexity, guilty pleas and length of imprisonment. This interplay reflects the interface between the legal ramifications of pleading guilty, prosecutorial interests in efficiency and finality of case disposition in complex white-collar cases, and sentence severity. Using structural equation modeling, a four-equation model of sentencing that specifies case complexity and guilty pleas as intervening variables in the relationship between offender characteristics and length of imprisonment is estimated. Several findings are noteworthy. First, the hypothesized interplay between case complexity, guilty pleas, and sentence severity is supported. Second, the effect of offender's educational attainment on sentence severity is indirect via case complexity and guilty pleas. Third, offender's race and gender effect length of imprisonment both directly and indirectly through the intervening effect of case complexity and guilty pleas. These findings indicate the need to specify sentencing models that consider the direct and indirect effects of offender characteristics, offense characteristics, and guilty pleas on judicial discretion at sentencing.     

Can general strain theory explain white-collar crime? A preliminary investigation of the relationship between strain and select white-collar offenses

Agnew's (1992) general strain theory (GST) had been tested across a wide range of populations and on numerous criminal and analogous behaviors. The ability of GST to predict white-collar offending, however, had yet to be explored. Using data from convicted white-collar offenders, this research examined the ability of GST to explain white-collar offenses. The results revealed that GST was useful for predicting a select group of white-collar offenses, but might not be generalizable to individuals committing corporate-type crimes. Additionally, the findings suggested that the types of strain and negative emotion at work for white-collar offenders might vary from those found in other criminal populations. Implications for white-collar crime studies are discussed and ideas for future research are presented.     

IS JUSTICE “COLLAR-BLIND”?: PUNISHING MEDICAID PROVIDER FRAUD*

The question of punishment of white-collar criminals is addressed in this paper through an examination of sanctions imposed on health care providers convicted of defrauding California's Medicaid “Medi-Cal” system. Quantitative data were collected from Medi-Cal case files and, for comparative purposes, from a statewide data base maintained by the California Bureau of Criminal Statistics for grand theft arrestees. Qualitative data comprising interviews with Medi-Cal enforcement personnel supplement the analysis. The analysis of criminal sanctions reveals greater leniency in the punishment of Medi-Cal offenders than in the punishment of similarly charged non-white-collar offenders. The findings are related to recent debates regarding the severity of punishment for white-collar offenders.     

White-collar and organized crimes: Questions of seriousness and policy

The line between organized crime and white-collar crime is often vague, compounding the separate social problems represented by these two types of criminality. This blurring is complicated further by the general assumption that organized criminals pose a more serious threat, thus requiring a stronger sanction than white-collar criminals. The controversy surrounding certain recent crime-control statutes centers around different assessments of the seriousness of both types of criminality. Prior studies of crime seriousness have focused primarily on crimes in general, with some attention to white-collar crime in contrast to ordinary crime. To date, however, no one has examined the differences in perceptions of seriousness between white-collar and organized crime. This paper investigates how occupation and attitudes toward the seriousness of white-collar and organized crime influence attitudes toward policy distinctions between the two, as well as toward the usefulness of various definitions of organized crime.     

Stinging the Detroit criminal: A total system perspective

The success of sting operations (fake-fences) has been reported widely with impressive aggregate statistics on arrests and convictions. In this paper, we present a more detailed view of a successful Detroit sting program. We follow a sting participant's involvement from the time he entered the storefront until final sentencing, the result of the sting. Previously unreported statistics that we present include prior convictions and sentences for those involved in the sting, the number of sales an individual made to the sting and data on final sentences. More importantly we explore relationships between the various statistics. Our most important finding is that a sting operation is an effective way of getting criminals off the streets for extended periods of time. Eighty percent of those convicted for receiving and concealing stolen property were incarcerated, and the average minimum sentence was 19 months. The data also suggest the importance of multiple sales by an individual to the sting. The number of sales was shown to affect both the likelihood of conviction and the type of sentence imposed.     

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.     

Violent Street Crime Versus Harmful White-Collar Crime: A Comparison of Perceived Seriousness and Punitiveness

Recent studies have challenged traditional wisdom regarding public apathy about white-collar crime by revealing equal or greater perceived seriousness of these offenses among respondents relative to traditional crime. Nevertheless, subjects in those studies were generally asked to contrast white-collar crime scenarios with a non-violent street crime baseline vignette. Perhaps a violent street crime would have invited lower perceived seriousness for the white-collar offenses. Participants in the present study were asked to (1) read vignettes describing violent street crimes and physically harmful white-collar crimes, (2) compare their seriousness, and (3) determine appropriate sanctions. Subjects perceived the violent crime scenarios presented to them to be more serious than the harmful white-collar crime vignettes. Further, they were less punitive toward white-collar offenders compared with street criminals. Implications of these findings are discussed.     

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.     

Deciding to prosecute white-collar crime: A national survey of state attorneys general

In the past decade, academic research on white-collar crime has reemerged. Most of this inquiry has focused on three general issues: (1) public attitudes toward the seriousness of white-collar crime; (2) the use of government sanctions to control white-collar crime; (3) the differential and often beneficial treatment afforded white-collar criminals in comparison to traditional offenders. Little of this research has examined the prosecutorial link between occurrences of white-collar crime and the imposition of sanctions on white-collar offenders. In this study, an attempt to focus on the link that exists at the level of state attorneys general, a survey of the 50 state attorneys general was conducted. The results suggest the following: (1) state attorneys general prefer to use criminal sanctions, but use them most in cases involving individuals; (2) when organizations are involved in white-collar criminality, civil intervention is preferred; (3) the most crucial factor in the decision to prosecute and investigate white-collar crime is the seriousness of the offense; (4) the least important factors in the decision to investigate and prosecute white-collar violations are publicity aspects and political considerations; (5) state attorneys general may play an important part in the prosecution of white-collar crime because of the limited resources available in most local prosecutors' offices.     

DENYING THE GUILTY MIND: ACCOUNTING FOR INVOLVEMENT IN A WHITE-COLLAR CRIME*

This study of convicted white-collar offenders treats their explanations for involvement in criminal activities. It focuses specifically on the techniques that are used to deny criminality. The strategies used to accomplish this end are detailed. It is suggested that the accounts developed by white-collar offenders to explain involvement in criminal activities are structured by the mechanics, histories, and organizational formats of offenses and by the requirement that they defeat the conditions of successful degradation ceremonies. In conclusion, some preliminary observations concerning the causes of white-collar crime are made.     

Do perceptions of punishment vary between white-collar and street crimes?

Much has been learned about the relationship between sanction threat perceptions and criminal activity, yet little remains known about the factors that are associated with sanction threat perceptions. Moreover, because most researchers had studied deterrence within the context of street crime, even less is known about the factors that relate to sanction threat perceptions for white-collar crime. This study used data from a national probability sample to examine whether the determinants of perceived sanction certainty and severity for street crime were different from white-collar crime. Using robbery and fraud as two exemplars, the findings indicated that while public perceptions of sanction certainty and severity suggested that street criminals were more likely to be caught and be sentenced to more severe sanctions than white-collar criminals, respondent's perceptions of which type of crime should be more severely punished indicated that both robbery and fraud were equally likely to be perceived ‘on par.’ Additional results indicated that the correlates of certainty and severity were more similar than different, but that the results differed according to whether respondents were asked about the punishment that white-collar offenders were likely to receive as opposed to what they should receive.     

"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.     

Legislation Targeting Sex Offenders: Are Recent Policies Effective in Reducing Rape?

In recent years, several pieces of state and federal legislation have imposed new restrictions on convicted sex offenders, including registration with law enforcement agencies, community notification provisions, and sexually violent predator designations permitting civil commitment following a prison sentence. This paper uses panel data for the American states for the years 1970–2002 to assess the impact of these policies on the rate at which rapes occur. Our research finds no evidence that our current policies reduce the incidence of rape.     

Melodramatic and consentient images in introductory criminal justice textbooks

Previous scholarly attention to introductory criminal justice textbooks observed the texts' organization, structure, and content. This study added to this literature by examining the photographs used in ten leading criminal justice textbooks when providing demographic portraits (e.g., race, gender) of alleged and convicted criminals, criminal offenses, clothing and appearances (of suspects/criminals), and the degree to which authorities confined suspects/criminals. In regard to the above, this study distinguished between consentient (relying on systematic empirical findings) and melodramatic (relying on more sensationalized news coverage) images and representative (quantitatively standard) and notorious (qualitatively distinct) crimes. Results suggested texts provided consentient images of suspect/offender race and gender, but relied on melodramatic images in disproportionate depictions of suspects/defendants charged with, or convicted of murder. Further, it was found that although notorious crimes and criminals represent qualitative rarities in the overall criminal justice system, they were depicted in 31 percent of images presented in texts.     

The Research Challenges of Exposing Physicians’ Sexual Misconduct in Canada

According to Sutherland the principle difference between white-collar and lower-class crime is in the administrative segregation of white-collar criminals that allows them to be funneled away from the criminal justice system so that they are not viewed by researchers or the public as real criminals. As segregated deviants, they also benefit from the cloak of secrecy that surrounds their administrative outcomes. This paper examines inroads that have been made in requiring the College of Physicians and Surgeons of Ontario to publicize its disciplinary decisions and then contrasts it with the lack of transparency by the College of Physicians and Surgeons of British Columbia. The author reflects on how Access to Information legislation can be used as a methodological strategy to uncover physicians’ misconduct and the pitfalls that await such an approach.     

White-Collar Crime and Police Crime: Rotten Apples or Rotten Barrels?

In the research literature on white-collar crime, there seems to be a tendency to claim individual failure rather than systems failure. Occupational crime is often emphasized at the expense of corporate crime. In the research literature on misconduct and crime by police officers, however, there seems to be a tendency to claim systems failure. It is argued that police crime is a result of bad practice, lack of resources or mismanagement, rather than acts of criminals. Based on two empirical studies in Norway of business and police crime, this paper is concerned with the extent to which the rotten apple theory versus the rotten barrel theory can explain crime in business organizations and police organizations.     

Using shortest path to discover criminal community

Extracting communities using existing community detection algorithms yields dense sub-networks that are difficult to analyse. Extracting a smaller sample that embodies the relationships of a list of suspects is an important part of the beginning of an investigation. In this paper, we present the efficacy of our shortest paths network search algorithm (SPNSA) that begins with an ‘algorithm feed’, a small subset of nodes of particular interest, and builds an investigative sub-network. The algorithm feed may consist of known criminals or suspects, or persons of influence. This sets our approach apart from existing community detection algorithms. We apply the SPNSA on the Enron Dataset of e-mail communications starting with those convicted of money laundering in relation to the collapse of Enron as the algorithm feed. The algorithm produces sparse and small sub-networks that could feasibly identify a list of persons and relationships to be further investigated. In contrast, we show that identifying sub-networks of interest using either existing community detection algorithms or a k-Neighbourhood approach produces sub-networks of much larger size and complexity. When the 18 top managers of Enron were used as the algorithm feed, the resulting sub-network identified 4 convicted criminals that were not managers and so not part of the algorithm feed. We directly validate the SPNSA by removing one of the convicted criminals from the algorithm feed and re-running the algorithm; in 5 out of 9 cases the left out criminal occurred in the resulting sub-network.     

Crime: The amount and disparity of sentencing – A comparison of corporate and occupational white collar criminals

Research carried out previously, aimed at examining differences in the length of the sentencing and type of offence, have typically compared white collar and street criminality. The main aim of the current study is to examine the differences in sentence length for white collar occupational and corporate offenders from street crime offenses and to identify which factors eventually could explain such differences. The crime amount was smaller in occupational convictions despite the fact that the average crime amount was significantly less in this group compared to the crime amount among corporate criminals. Socioeconomic status and company size were not found to be associated with the length of the sentence. We discuss whether the difference in length of the sentence could be explained by the fact that occupational crime is committed for the criminals' own purposes or enrichment, while this is often not the case among corporate criminals.     

American Indians and sentencing disparity: An Arizona test

Although a proliferation of research exists examining the extent to which African American criminal defendants receive more harsh sentences relative to Caucasians, comparatively little research has examined the issue of discrimination in relation to other minority groups. This article examines disparities in sentence length received between American Indian and Caucasian inmates incarcerated in Arizona state correctional facilities. Regression analyses were used to predict the sentences received by American Indian and Caucasian inmates convicted of six crimes (homicide, sexual assault, robbery, assault, burglary, and larceny). After prior felony record and other demographic variables were controlled in these crime-specific models, the crimes of robbery and burglary were the only crimes in which American Indians received longer sentences than Caucasians convicted of the same offense. Caucasian defendants received significantly longer sentences than American Indians for cases of homicide. A defendant's prior felony record was the only variable that consistently increased the length of sentence received by defendants across all types of crime. These findings are discussed and interpreted using various theoretical arguments.