"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.     

INNOCENCE, ERROR, AND THE "NEW ABOLITIONISM": A COMMENTARY

If statistics are any indication, the system may well be allowing some innocent defendants to be executed.
- Justice Sandra Day O'Connor     

ON THE CAUSES OF "WHITE-COLLAR" CRIME: AN ASSESSMENT OF HIRSCHI AND GOTTFREDSON'S CLAIMS

This article assesses Hirschi and Gottfredson claims about patterns and explanations of White-collar crime. It points out several flaws in their analysis and shows (1) that the UCR offense categories of fraud and forgery are not appropriate indicators of white-collar or occupational crime because the typical arrestee in these categories committed a nonoccupational crime; (2) that the demographic distribution (age, sex, race) of these "white-collar" crimes is not the same as it is for most ordinary crimes; and (3) that the occurrence of these "white-collar" crimes is not relatively rare. The implications of the findings for research and theory on crime are also discussed.     

A CALL TO CONGRESS TO GIVE BACK THE FUTURE: END THE "WAR ON DRUGS" AND ENCOURAGE STATES TO RECONSTRUCT THE JUVENILE JUSTICE SYSTEM

While the "War on Drugs" has been criticized in many respects, there has been little attention given to the detrimental impact it has had on children. Fortunately, both state and federal governments are recognizing the problem and have begun taking steps to combat the negative effects the "War on Drugs" has had on children. More work however, still needs to be done. This Note advocates for Congress to amend the Juvenile Justice Delinquency and Prevention Act to induce states to offer rehabilitation to nonviolent youth drug offenders, rather than incarceration, which will reduce incarceration and its detrimental effect on children, promote public safety and save money. As a funding stipulation, the amendment will require states to develop and implement deinstitutionalization programs for nonviolent juvenile drug offenders.