Sentencing white-collar criminals: when is shaming viable?

When does shaming work as an alternative to incarceration and fines in sentencing white-collar criminals? In the light of recent economic downturn and highly publicised instances of white-collar crime, public opinion has demanded harsher sentences for white-collar criminals. In order to appease this demand, as well as consider the pressing problem of prison overpopulation, alternative sanctions, such as formal shaming, have been increasingly studied. Through examination of the costs and consequences of incarceration and shaming, this article will explain that since the costs of shaming sanctions are largely fixed, shaming sanctions are most viable when used in conjunction with alternative sanctions so that courts can impose sanction bundles of costs commensurate with the level of offense committed by an offender.     

Analysis and counter‐policies on elderly criminals in Korea

The second counter‐policy is an establishment of a proper network of legal systems, including the establishment of accurate statistical data and well‐structured criminal law and defense systems for the elderly — comparable to the currently operative systems established to process and to deal with crimes of teenage and female offenders.

Research on indigence, health, recreation, housing and other welfare areas of the elderly is common in Korea, but research on elderly criminals is rare. Projecting that their crime rates will rise, this preliminary research was conducted in order to understand their crime status and to establish proper counter‐policies.

This research focuses on the analysis of the present elderly population and changes of their status, in addition to criminal theories and criminal trends. Analysis on criminal statistics is done through classifying criminal offenses and special offenses according to the present governmental criminal classification methods of Korea. Criminal offenses are further separated into serious and estate‐related offenses.

The result of analysis on elderly criminals in Korea indicates that the most common crimes are assaults and related offenses, including battery and bodily injuries. Most assaults or related charges were, however, not decidedly serious. Among estate‐related offenses, misappropriation and property‐damage were the most common. Among special offenses, constructional violations have the highest rate. The majority of estate related offenses were less serious and produced less than W‐ 1,000,000 (approximately $1150 US dollars) in damages.

Destruction of traditional society is the major source of criminal activities. While younger generations demand less authoritarian and more interdependent relationships, the elderly insist upon adhering to their traditional ways of thinking. The elderly commit crimes out of the animosity and exasperation created from a perceived incompatibility with modern society. Their diminishing social and family hierarchies, along with carelessness and lack of recreation, lead the elderly into feeble or fatuous life styles, eventually leading to various offenses.

There is no simple solution to prevent the elderly from committing crimes since complex social and/or personality problems cause these deviant behaviors. The government needs to understand the overall problems and establish necessary counter‐policies with regard to the elderly. Even if their present crime rates seem insignificant now, the numbers are growing rapidly.

Conclusively, the first counter‐policy is to eliminate the source of the problems. Some specific policies that can be adopted to eliminate these sources include the expansion of employment and related educational opportunities to improve their economic conditions; realignment of medical benefit systems; broader access to effective recreational activities through volunteer and other civic programs; and social adjustment programs that can guide the elderly to better adjust to the evolving social changes.     

Can criminals create opportunities for crime? Malvertising and illegal online medicine trade

Opportunity theories suggest that the occurrence of an offence depends on the presence of a motivated offender and a specific condition in the environment that presents an opportunity for crime. While offenders may be able to choose among crime opportunities, the question is whether they can create new crime opportunities. Based on a qualitative analysis of court cases, investigative reports and the news media, this article examines the genesis of crime opportunities by looking into the malicious online advertising (malvertising) of substandard, spurious, falsely labelled, falsified and counterfeit (SSFFC) medical products. While further research on this topic is needed, the findings of the article help to understand the importance of unsavoury advertising as a tool that perpetrators use to manipulate consumer demand and proactively create (or expand) criminal markets.     

An analysis of outlaw motorcycle gang crime: are bikers organised criminals?

ABSTRACT

Outlaw motorcycle gangs (OMCGs) are identified in Australia and internationally as being heavily involved in organised crime and/or as being criminal organisations. However, academic studies have shown that OMCG members are involved in organised crime to varying extents; this differs between clubs and across jurisdictions. To date, Australian studies of OMCGs are rare. Despite this, Australian governments target OMCGs as key players in organised crime. This study contributes to the existing literature by analysing OMCGs’ criminality in one Australian jurisdiction – Queensland. It draws on rich qualitative data to determine whether and to what extent Queensland’s OMCGs are involved in serious crime, organised crime and/or are operating as criminal organisations. The study finds that Queensland’s OMCG members participate in serious crime at a higher rate than the general public, but that there are few examples of organised crime. There is little to no evidence of OMCGs acting as criminal organisations.     

Psychiatrists,criminals, and the law: Forensic psychiatry in Switzerland 1850–1950

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of “criminal psychopaths,” which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s.     

White-collar criminals--a homogenous offender population? Reflections on typical and atypical "white-collar criminals"

Little has been written in German scientific literature on the personality structure of white-collar criminals. Often, the relevance of this level of investigation has downright been denied. Conventional psychopathology does not seem to be an appropriate approach to these character problems since there are not only deficits but also competences to be found which are useful while making a professional career. The author points out the inhomogeneity of this offender population and presents a case report of an atypical white-collar criminal. Over and above that, he introduces two psychological concepts which are apt to better describe the peculiarities of these individuals: Machiavellian intelligence is often the core competence when it comes to rising in hierarchies, whereas the newly defined psychopathy concept according to R. D. Hare makes plausible the moral and ethical failure of these offenders in their professional settings.     

Hardened professional criminals,or just friends and relatives? The diversity of offenders in human trafficking

ABSTRACT

Human trafficking has been extensively discussed, studied and debated over the past 20 years, but many misleading images and stereotypes still exist regarding trafficking, its victims and its perpetrators. Trafficking is often framed as a problem of organised crime. The article problematises (1) the stereotypical images of perpetrators and (2) the involvement of organised crime in human trafficking, particularly in Finland, drawing on court cases that deal with trafficking in human beings. The article analyses, on the one hand, the characteristics of detected traffickers by reflecting the findings against the image of the ideal offender and, on the other hand, the role and involvement of organised crime in human trafficking. The article concludes that most convicted traffickers are not so-called ideal offenders. The variety of traffickers involved in the cases studied does not correspond very well to the rather stereotypical and oversimplified image of traffickers and ideal offenders.