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.     

Principal-Agency Theory in Illegal Markets: Cooperation and Conflict Among Chinese Loansharks

There are management and organizational problems common to both legal and illegal businesses, such as moving one party to act in the interest of another rather than his own. In principal-agency theory, the party that wants someone else to do a job on his behalf is called the “principal” and the other party is called the “agent”. Principal-agency theory tries to find solutions to real and potential conflicts that arise from such transactional arrangements. We believe principal-agency theory has great potentials for understanding the operation and interpersonal relationships of criminal enterprises, in addition to the structural arrangements (e.g., a disorganized crime market) and the social network perspectives. Using a case study of Chinese loan sharking and cannabis cultivation in the Netherlands, we seek to make a theoretical contribution to existing literature on organized crime by focusing on how different individuals within a criminal enterprise negotiate the most efficient transactional arrangement in a principal-agent relationship amidst the uncertainties of an illicit market environment. We specifically look at four phases of the criminal enterprise studied: the selection of agents by the principal, attempts to bind these agents to the principal, potential conflicts and finally the solution of any problems. Incidentally, our study also gives insight in the less well-researched topic of loansharking.     

THE LANGUAGE OF STIGMATIZATION AND THE MARK OF VIOLENCE: EXPERIMENTAL EVIDENCE ON THE SOCIAL CONSTRUCTION AND USE OF CRIMINAL RECORD STIGMA

After years of stagnation, labeling theory has recently gained new empirical support. Simultaneously, new policy initiatives have attempted to restructure criminal record stigma to reduce reintegration barriers, and subsequent recidivism, driven by labeling. For example, in a recent Department of Justice (DOJ) language policy, person‐first terms (e.g., “person with a conviction”) were substituted for crime‐first terms (e.g., “offender”). The Equal Employment Opportunity Commission has also issued guidelines to structure how decision‐makers use criminal records. Unfortunately, little is currently known about the social construction and use of criminal record stigma or the potential effects of such policy changes. In the current study, we provide two unique empirical tests. In study 1, we examine the social construction of stigma by testing DOJ's language policy with experimental data from a nationally representative sample of American adults (N = 996). In study 2, we use a separate nationwide experiment (N = 1,540) to examine how the contextualization of criminal records influences social exclusion decisions. Across both studies, we find consistent evidence of a “mark of violence.” The public perceives that individuals with violent convictions are the most likely to commit future crimes, and it is more supportive of excluding these individuals from employment. Crime‐first terms exacerbate perceived recidivism risk for individuals with violent convictions.     

行进中的中国刑事诉讼法学:关键词展开——2007年刑事诉讼法学研究述评

我国刑事诉讼法学研究在中国当下社会的不断变革中而"日新月异"地行进着。"追求和谐、关照权利、规范权力、创新理念、服务实践"构成了2007年刑事诉讼法学研究的关键词,以之展开对过去一年本学科学术发展的忠实记录和客观检讨,将能够对我国刑事诉讼法学研究乃至我国法治进程的未来走向得出富有意义的启示。     

Criminal Social Identity of Recidivistic Prisoners: The Role of Self-Esteem, Family and Criminal Friends

The aim of this paper is to focus on the factors that can significantly contribute to the presence of criminal social identity within a sample of recidivistic prisoners (N?=?312) using structural equation modelling. Six latent variables were identified: criminal associations with close friends, positive self-esteem, negative self-esteem, cognitive centrality, in-group affect, and in-group ties. Results suggest that criminal social identity is characterized by various internal and external factors including the direct effects of associations with criminal friends, which is influenced by insufficient or absent parental supervision at an early stage of development. It was also found that early peer rejection is not a sufficient predictor of associations with criminal friends and the criminal social identity. This study also provides further support for Social Identity Theory with regards to the role of self-esteem in the development of criminal social identification.     

犯罪人刑事档案封存制度设想

刑罚执行完毕的犯罪人回归社会后普遍存在难以融入社会的情况,有就业难、生活难等问题。造成这个问题的原因主要是载明罪行记录的犯罪人刑事档案在社会生产、生活中被广泛运用,相关法律法规对曾经犯过罪的人的权利有所排除和限制,社会观念也对有罪行记录的人心存戒备和歧视。这不但违背宪法理念,而且与刑法的谦抑性原则和公平、正义不相容。前科消灭也不具备现实可操作性,应尝试建立犯罪人刑事档案封存制度。     

论英国的犯罪信息公开制度——以加拉格尔案为切入点

在英国,犯罪信息公开制度一直是一个备受争议的话题。《欧洲人权公约》第8条规定,每个人都享有隐私权,任何侵犯隐私权的行为必须以“合法”和“必要”为前提。2019年初,在加拉格尔系列案的上诉程序中,犯罪记录披露措施是否违反《公约》第8条规定成为英国社会关注的焦点。在该案判决中,英国最高法院虽然支持了前科被披露人员的请求,驳回了上诉,但是,法官们对于犯罪信息公开制度是否符合合法性和必要性标准却存在明显的分歧。通过对该案的基本案情、主要争议点、英国最高法院法官的不同意见的分析,可以为发展和完善我国犯罪记录登记和查询机制提供参考依据。     

Punishment in Indian Country: Ironies of Federal Punishment of Native Americans

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.     

Legal Ambiguity in Managerial Assessments of Criminal Records

In an age of widespread background checks, we ask how managers in different organizational contexts navigate legal ambiguity in assessing applicants' criminal history information, based on interview data obtained in a recent field experiment. The study builds on institutional analyses of the social sources of workplace legality to describe how employers consider applicants with criminal histories. We find that some organizations set explicit standards to guide hiring decisions, providing concrete policies on how to treat applicants with records. Where such procedural mandates are lacking, however, hiring managers turn to a micro‐rational decision process to evaluate potential risk and liability. These individualized approaches create inconsistencies in how the law is interpreted and applied across organizations, as evidenced by actual hiring behavior in the field experiment.     

Facing Your Criminal Record: Expungement and the Collateral Problem of Wrongfully Represented Self

While substantial sociolegal research has analyzed the deleterious effects of criminal records on life outcomes, little has examined the records themselves, or their relationship to the people they represent. In this article I take a novel tact, treating criminal records as the material, textual documentations of an individual's past. I then observe expungement seekers—people who encounter their own records—to understand their reactions. From this data, I use inductive theories of symbolic interactionism to theorize another collateral effect of the criminal record: it represents people in ways that depersonalize their social identities, and prevents them from communicating corrective self‐understandings to the governing bodies that author the records. I conclude with my main theoretical contribution: “having a criminal record,” literally, means having a textual proxy that the state has authored on its own terms, without input from the people whom it permanently represents, and while concealing from those people the apparatus behind authorship. As a consequence, the criminal records system serves as a barrier to reciprocal communication between ex‐arrestees and a legal system that represents them in ways that they may want to contest. This “wrongful representation” is a collateral effect of having a criminal record that impedes the ability of ex‐arrestees to manage or repair their relationship with the state that has punished them.     

An Exploration of the Historical Background of Criminal Record Checking in the United Kingdom: From the Eighteenth to the Twenty-First Century

Potentially preventable crimes resulting from failures in criminal record checking and recording emerged as problematic in the eighteenth century and have continued up until the present day. Ranging from child abuse to murders, reports suggest that if criminal records had been evident, in some cases unlawful acts may have been prohibited. The historical background to the emergence of criminal record collection and checking in the United Kingdom (UK) is analysed from the mid-eighteenth century. This time period is chosen because it marks a pivotal change in the treatment of criminals, crimes and the start of the policing system in the United Kingdom. As a result of growing societal concerns over public safety and changes in the legal system, the approach in which criminal records have been utilised in employment decision-making has evolved most rapidly in the late twentieth and early twenty-first centuries. The recording, storing and sharing of criminal record information has received most attention only in the past decade. Developments in recruitment-vetting procedures for the protection of vulnerable persons have only emerged in the last 50 years to manage such crimes in the United Kingdom. In 2002 the Criminal Records Bureau (CRB) was established in the United Kingdom to ensure safer recruitment decisions could be made in society. However, the question remains whether or not these practices have been and are effective.     

An economic model of social sensitivity: The case of individual criminal behavior

In general, economists have modeled criminal behavior as a problem in time allocation under uncertainty. Their Friedman-Savage utility models have been based on the binomial probability distribution and then tested using aggregate data on crime rates and neglect the nonpecuniary aspects of crime. This paper overcomes the shortcomings of previous work. Specifically, criminal activity is modeled with an underlying geometric probability process and explicitly accounts for the moral and social compromise involved in becoming a criminal. The empirical model enables the quantification of the criminal's moral and social sensitivity using data based on a consolidated file of police records and a cohort survey of criminals and noncriminals. On the basis of this unique data set, it is found that the included individual criminals are risk averse and that gang membership reduces social sensitivity.     

Integrated Administrative Data & Criminal Justice Research

Using integrated administrative data from criminal justice and social service systems can harness information in meaningful ways that transcend traditional “silos” and allow communities to focus collective attention on important social issues that cross systemic boundaries. Despite recent advances in use of integrated administrative data, practical information to promote adoption by new users is lacking. Here we provide an introduction to potential uses of integrated administrative data for criminal justice researchers, including general benefits of using integrated data as well as implications for innovative research design. We describe a case example of data integration through a state data warehouse for a federally funded project on impact of incarceration on families. The project utilizes data from eight agencies (corrections, juvenile justice, mental health, substance use, social services, health, education, and environmental control) and includes development of an Online Analytical Processing cube. We draw from lessons learned to provide specific recommendations for developing researcher-practitioner partnerships that use integrated administrative data to improve translational criminal justice research and evidence-based practice and policy.     

INDEFINITE PUNISHMENT AND THE CRIMINAL RECORD: STIGMA REPORTS AMONG EXPUNGEMENT‐SEEKERS IN ILLINOIS*

Although criminal records in the United States are more publicly accessible than ever before, we lack knowledge about how record‐bearers seek to overcome the negative consequences associated with a visible criminal record as they apply for jobs, housing, and financial aid. Furthermore, although criminal histories record all arrests—and not just those that result in conviction—researchers have yet to compare how those with more extensive versus minor criminal records cope with criminal record stigma. We present interview data from a comparative study of expungement‐seekers (N = 53) who have petitioned the courts to remove their criminal records from public view. One group had extensive criminal records (46 percent); the other group had more minor criminal records (54 percent). Several key findings emerged. First, both groups of participants tried, but failed, to persuade potential employers and landlords to overlook the criminal record. They also faced restricted educational opportunity. Second, participants in both groups expressed distress that criminal justice contact could follow them throughout their lives, subjecting them to ongoing stigma. However, those with extensive versus minor criminal records offered different rationales explaining why the visible criminal record history unfairly burdened them. Implications for reintegration theory and policy are discussed.     

The discipline of difference: Ethnolinguistic heterogeneity and corporal punishment

The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders.     

The Politics of Racial Disparity Reform: Racial Inequality and Criminal Justice Policymaking in the States

Racial inequalities in criminal justice are pressing problems for policymakers. Prior literature suggests elected officials promulgate punitive, racially disparate criminal justice policies due to partisanship and racial fears, but scholarship has yet to explain how and why elected officials address racial problems in criminal processing. This article introduces the framework of racial disparity reform policymaking. A racial disparity reform is a policy that seeks to reduce distinctions in criminal justice institutions’ treatment of racial groups. Elected officials pursue these policies due to ideological beliefs in civil rights ideals and political interests in appearing to solve social problems. Using an original database of policy enactments, this article first presents the distribution and types of reform measures adopted by elected officials in all 50 states between 1998 and 2011. It then examines social and political explanations for when state legislatures and executives adopt racial disparity reforms. Policy enactment is predicted by worsening problems of racial disproportion in criminal processing, Democratic control of elected branches, and the absence of judicial efforts to improve racial fairness within a state’s criminal justice system. Similar dynamics encourage the development of different measures types within policies. Such ideological and problem-solving explanations for racial disparity reform show a potential for elected officials to forge more racially just criminal justice practices.     

Estimating the size of criminal populations

The estimation of total population size for various phenomena of crime is an important factor critical for criminal justice policy formulation and criminological theory development. In this paper, methods are discussed for estimating the size of a criminal population from police records. Capture-recapture analysis techniques, borrowed from the biological sciences, are used to predict the size of population for migrating (or fleeing) fugitives and for street prostitutes. Heterogeneity and behavioral responses to previous police encounters are identified as major complicating factors. The basic problem is that the police records are virtually unaffected by a potentially large pool of cryptic criminals. It is shown how independently collected auxiliary data can address this problem.     

Arsenic Poisoning Caused by Intentional Contamination of Coffee at a Church Gathering—An Epidemiological Approach to a Forensic Investigation

Abstract: An outbreak of apparent food‐borne illness following a church gathering was promptly reported to the Maine Bureau of Health. Gastrointestinal symptoms among church attendees were initially attributed to consumption of leftover sandwiches that had been served the previous day. However, a rapid epidemiological and laboratory assessment revealed the etiology of illness, including the death of an elderly gentleman, was not food‐borne in origin. A criminal investigation determined that deliberate arsenic contamination of the brewed coffee by one of the church members was the source of the outbreak. Public health officials and criminal investigators must be aware that intentional biologic aggression can initially present as typical unintentional disease outbreaks. Practitioners must also consider the need to properly maintain and preserve potential forensic evidence. This case demonstrates the key role public health practitioners may play in criminal investigations.     

Parenthood and adult criminal offending: The importance of relationship quality

Drawing on social control, social learning, and general strain theories, it was hypothesized that the quality of a parent-child relationship would be negatively related to adult crime. In addition, it was predicted that relationship quality would more strongly impact the criminal behavior of single parents, teenage parents, and those with prior criminal records. Data from the National Youth Survey were analyzed using a combination of probit and truncated regression. Results provided partial support for hypotheses.     

Employer aversion to criminal records: An experimental study of mechanisms

The mark of a criminal record is clearly harmful for employment. The reasons for employer aversion, however, are not well established even though legal, policy, and scholarly responses rely on particular explanations. We propose that explanations for aversion often fit under a repetition risk framework in which employers use records as neutral sources of information about prior illegal activity and make decisions to minimize risk of similar future conduct. A second explanation is stigma, in which the records themselves, independent of conduct, trigger stereotypes, status loss, and discrimination. Using an experimental employer survey, we find that employers evaluate applicants with records more negatively than they do applicants with similar behavior signaled through non-criminal-justice sources (e.g., social media); this effect remains after accounting for predictions about future conduct. It is also most apparent among higher status jobs rather than among manual labor jobs, and it persists after adjusting for firm-level and legal constraints. We conclude that aversion reflects not only repetition risk but also the stigma of criminal justice contact. Insofar as criminal record screening is not exclusively a form of rational risk management, this finding may lead to altered assessments of the benefits of screening relative to the costs of perpetuating inequality produced by the criminal justice system.