Child Abuse as a Catalyst for Wife Abuse?

This paper draws on Matza’s (1964/1990) theory of deviance to propose that the father’s current abuse of the child moderates the relationship between father’s patriarchal beliefs and current perpetration of husband violence in South Korea. Drawing on Matza’s concept of neutralizing beliefs, the paper argues that child abuse potentiates patriarchal beliefs, allowing husbands to extend rationalizations for child abuse to rationalizations for wife abuse, resulting in an interaction effect. The paper tests this hypothesized interaction effect using data from a nationally representative sample of 585 South Korean men. The paper then tests a competing alternative hypothesis that any type of violence (including violence outside the family) by the father acts as a moderator. Support is found for the child abuse as moderator hypothesis but not for the competing hypothesis.     

The corporate context of private prisons

This article deals with the growing interest in the privatization of correctional institutions. It focuses on the corporate context of this trend because modern privatization is being done by corporations which have been formed specifically for this purpose or are specialized subsidiaries of large conglomerates. The article reviews the theoretial, legal, political, regulatory, economic, management, and labor issues involved in corporate privatization, taking into consideration the aspects of organizational climate and corporate deviance. Finally, the article points out that corporate involvement in the private management of correctional facilities should be analyzed carefully and taken into consideration in the privatization debate.     

POLICE MISCONDUCT AS ORGANIZATIONAL DEVIANCE

The aim of this paper is to extend and clarify the organizational deviance perspective by focusing on police misconduct. Toward that end the paper defines organizational deviance and police misconduct, illustrates the linkages between natural persons and deviant departments, and considers the public policy implications of viewing police misconduct as organizational deviance.     

Sanctioning corporate crime: How do business executives and the public compare?

Previous literature on attitudes toward the punishment or seriousness of criminal behavior has largely neglected to focus systematically upon five issues: (1) public perceptions of corporate illegality rather than perceptions of street crime or other forms of white-collar lawlessness; (2) how evaluations are conditioned by the degree of culpability and harm an offense involves; (3) the circumstances under which citizens will support the use of legal sanctions against an individual executive as opposed to a corporate entity; (4) the public's willingness to support criminal as opposed to civil intervention into various kinds of illegal corporate activities; and (5) how business executives' attitudes toward corporate legal sanctioning compare to those held by the general public. Through a survey of residents and business executives in a midwestern metropolitan area, an attempt was made to shed light on these issues. The analysis revealed a pervasive willingness among the sample to embrace the use of civil sanctions against corporations regardless of the circumstances surrounding the conduct being rated. By contrast, advocacy of civil remedies against executives and criminal penalties against either the corporation or its executives was found to vary considerably according to the culpability and harm manifested by a given illegal act. Also, public support for sanctioning corporate behavior was consistently higher than the support evidenced by executives, especially where the sanctions were directed at individual corporate managers.     

Newspaper Coverage of Corporate Price-Fixing

Among the reasons common corporate crimes such as price-fixing lack the "brimstone smell" of common street crimes such as burglary is that newspapers fail to provide frequent, prominent, or criminally oriented coverage of corporate crime. This certainly was true of newspaper coverage of the heavy electrical equipment antitrust cases of 1961. Replicative analysis reveals that this also was true of newspaper coverage of the folding-carton industry antitrust cases of 1976. Reasons for this continued lack of coverage are discussed, including the diffuse harm characteristic of price-fixing, the general lack of recognition that corporations are juristic persons capable of criminal deviance, and the disinclination of large organizations to link other large organizations with criminality.     

Socially constructing an image in the automobile industry

Due to its large-scale, often unrecognized effects, corporate deviance in America is a societal concern that demands further attention. The present research provides deeper insight into the area, with the hope of furthering our knowledge and ultimately reducing the problem. Among the measurements presented are: 1) the corporate image socially constructed by General Motors (GM); 2) the “safety” of GM vehicles; and 3) GM's constructed safety-related image compared against its actual performance. GM's image was measured through a content analysis of Newsweek and Motor Trend magazines, while GM's safety-related performance was measured using various vehicle crash test data. Through advertising and marketing strategies, the auto industry has approached the general public with an alleged commitment to automotive safety. The present research tested those commitments, and although determinations of guilt are beyond the scope of the present research (for reasons discussed in the text), several conclusions regarding involvement in corporate deviance are provided. Those conclusions are discussed in the context of how they relate to crime and the societal implications they present. Suggestions for future research are presented. This revised version was published online in July 2006 with corrections to the Cover Date.     

The effects of scandal on organizational deviance: The case of the FBI

This article is an inquiry into the role of scandal in controlling organizational deviance. It examines the dynamics of scandal and the limits of the scandal process in producing organizational reform. The history of scandal and reform in the FBI (1950–83) provides the empirical basis for the inquiry.

It is concluded that a strategy of increasing public access to “normally” concealed organizational information, which would strengthen public disclosure of organizationally deviant practices, is also a strategy for controlling organizational deviance. The study finds that some aspects of organizational structure and process are more subject to change through the mechanism of scandal than other aspects.     

CONTROL BALANCE AND EXPLOITATIVE CORPORATE CRIME*

Control balance theory indicates that the control one exercises relative to the control one experiences, or the control balance ratio, should relate to specific forms of deviance. Control surpluses, or when control exercised is greater than control experienced, should relate to autonomous forms of deviance, whereas control deficits, or when control experienced is greater than control exercised, should relate to repressive forms of deviance. To date, control balance theory has been investigated empirically only to a limited extent, with mixed to supportive results. This paper presents an application of control balance theory to the autonomous deviant act of exploitation in a corporate crime context. Both control balance theory and the extant corporate crime literature offer impetus for such an investigation. Using data collected on working adults, the results support the key hypothesis that control surpluses rather than control deficits relate to exploitative acts in the corporate context. This finding holds with two control balance ratio measures, global and workplace‐specific. Future theoretical and empirical research directions are outlined.     

Anomie and corporate deviance

This paper elaborates on Merton's theory of anomie, while aiming at the enhancement of our understanding of processes conducive to corporate deviance. It attempts to consolidate points made by theorists operating in diverse, often considered as conflicting, orientations or perspectives. A synthetic or integrated scheme is, thus, put forward, which can help appreciate the background against which corporate deviance is likely to occur. Moreover, it is argued that contemporary societies are inherently conducive to anomic trends. Such trends bring about not only lower-class deviance and crime — to which anomie theory has been traditionally applied — but also high-class and corporate deviance. Against claims by some scholars that the former is a matter of greater concern, it is suggested that the latter is at least as serious a problem and that it has significant implications for the social order.Parts of an earlier version of this paper were presented at the 10th International Congress for Criminology held in Hamburg, FRG, in September 1988.     

公司机会准则研究

公司机会准则是英美国家公司法的一个重要理论 ,它确立了董事不得篡夺公司机会义务。判断一个交易机会是否是公司机会 ,须根据交易机会之不同而采不同方法。董事不得篡夺公司机会义务与董事的竞业禁止义务间不是种属关系 ,而是交叉关系 ,这就决定了我国公司法应在规定竞业禁止制度之外 ,另行导入公司机会准则     

Accounting for the "Second Assault": Legal Organizations'Framing of Rape Victims

What organizational and community conditions influence legal officials to treat rape victims “unresponsively”? Our analysis is guided by Goffman's theory of organizational frameworks and frames of activity and March and Olsen's institutional theory of organizations. Using data from 130 m-organizations in Florida that process rape cases, we compare six types of organizations (including hospital emergency rooms and rape crisis centers) on eight criteria and review their frameworks and frames of activity relative to unresponsiveness. We use the issue of victim legitimacy to illustrate the utility of our model. Our results show that well-meaning staff in legal organizations are oriented to routinely treat victims unresponsively. Their organizations routinely orient them to be concerned with, for example, public approval, the avoidance of losing, and expediency more than with victims' needs. In our conclusion, we identify ways legal officials and rape crisis centers can promote responsive treatment of victims. We also call for research on legal organizations that are responsive to victims and for a nationwide discourse on the “politics of rape victims' needs” as a means of addressing the gender inequality issues that underlie rape crimes and laws and orient legal officials to treat victims unresponsively .     

CONTROLLING CORPORATE DEVIANCE

The effectiveness of sanctions applied to corporate offenders has not been adequately studied, in part because of the absence of any appropriate research strategy. This absence stems from the tendency. since Sutherland, to conceptualize corporate crime as individual rather than organizational behavior. This article outlines a research procedure based on the organizational nature of corporate crime and uses it to evaluate the impact of prosecutions under Australia's Trade Practices Act. The article concludes that the sanctions applied have considerably reduced the likelihood of corporate recidivism.     

How social movement organizations explicitly and implicitly promote deviant behavior: The case of the militia movement

The literature on social movements and deviance has failed to recognize that social movement organizations also promote deviance in society. This oversight stems from a tendency in the dominant paradigm of social movement theory to normalize the activities of these movements by equating their activities with political behavior. Focusing on the modern militia movement, we discuss the explicit and implicit paths through which movements promote deviance and/or criminal behavior. Noting that the movement has both a “defensive” and an “offensive” wing, we find that they promote deviance both through their ideology, which legitimizes deviance, and through their organizational structures, which are unable to control either the actions of those who are part of the movement or the flow of movement-generated information.     

On the superiority of damage averaging in the case of strict liability

The literature argues that if injurers cannot anticipate the precise level of harm, courts might use expected harm as a magnitude of compensation instead of actual harm without distorting care incentives. This paper shows that the use of expected harm is in fact preferable if victims choose the value of the object placed at risk. If the court were to insist on compensating actual harm, this would result in victims choosing inefficient object values. In contrast, restricting compensation to expected harm yields the first-best outcome.     

企业组织结构的惰性特征研究

企业组织结构惰性是指企业发展到一定阶段后，组织结构所带有的正规化和僵化的特征。本文在回顾有关理论的基础上，从可靠性、可解释性、合法性、可复制性等方面分析了企业组织结构惰性的形成机理，并揭示了其构成维度主要包括正式化、集权化、整合化、复杂化和制度化等5个方面。从而可推动人们以此为基础展开更深层次的研究，并对于处于转轨时期的中国企业也具有重要的实践意义。     

Can Money Symbolize Acknowledgment? How Victims’ Relatives Perceive Monetary Awards for Their Emotional Harm

Legal systems differ markedly on how they treat the emotional harm suffered by close family members of crime or accident victims. This paper reports the results of two empirical studies examining how citizens whose child, partner, or parent was killed or seriously injured as a result of violent crime or tort (secondary victims) perceive a monetary award for their own non-economic harm relating to the death or injury of their loved one. The objective of our research was to test the Dutch legislator's assumption that a (modest) monetary award for secondary victims' emotional harm can have a meaningful symbolic value by providing recognition and satisfaction. Until then, no compensation was available for such harm under Dutch law. In addition, we examined whether victims' relatives preferred standardization or individuation in determining the amount of the award, how they evaluated the amount, and the manner in which such awards might be offered. In a first quantitative survey study conducted in the Netherlands, 726 secondary victims were asked for their evaluations of such awards for the emotional harm they suffered as a result of the death or injury of their family member. We also asked our representative sample about their actual experience of the legal process in order to put their evaluations of such awards into context. In a second qualitative study, conducted in Belgium, interviews were held with 14 secondary victims who had actually received an award for their own emotional harm under Belgian law (study 2). Results suggest that secondary victims regard an award for emotional harm as a positive gesture and may interpret it as helping to satisfy relatives' psychological concerns by seeing it, for example, as an acknowledgment of loss and responsibility. Overall findings suggest that victims' relatives may be seeking acknowledgement of their emotional losses and the norm violation.     

Observer reactions to emotional victims of serious crimes: stereotypes and expectancy violations

Negative observer reactions towards victims may be related to people’s expectations of the characteristics and demeanor of an ideal victim. We examined how expressed emotion, victim sex, and type of victimization influence observers’ perceptions of victim credibility, victim character, and harm. Our hypothesis was that angry victims, male victims, and victims of sexual violence are perceived less positively than sad victims, female victims, and victims of physical violence. Additionally, we anticipated that expectancy violations following expressed agentic/high status, or passive/low-status emotions of the victim would lead to negative reactions. Participants (N?=?335) read a written victim impact statement, by a male or female victim of a sexual or physical assault, in which anger or sadness was expressed. The results show that observers generally respond more negatively to male victims than to female victims, and to victims expressing anger rather than sadness. However, a two-way interaction between expressed emotion and type of crime revealed that expressed emotion only significantly influences character derogation and victim credibility in cases of physical violence. Finally, emotion expectancy violations based on ex-ante expectations lead to derogation and diminished credibility. The discussion focuses on how emotion expectancy violations seem intimately tied to stereotype-ridden features of victimization.     

Devastation in the aftermath of Hurricane Katrina as a state crime: social audience reactions

In the 5 years since Hurricane Katrina struck the Gulf Coast, scholars in many disciplines have speculated on the sources of the widespread devastation. While many of these studies have focused on objective evidence of the violation of human rights following Hurricane Katrina, this study reviews the human rights violations and goes a step further by examining social audience reactions (both victims and the general public) to the government’s response efforts. Relying on Green and Ward’s (Green 2009; Green and Ward Social Justice, 27, 101–115, 2000; 2004) human rights/organizational deviance definition, which sees state crime as human rights violations that result from state organizational deviance, we attempt to provide further evidence of this case as one of state crime. This article presents results from binary logistic regression analyses that assess the likelihood of respondents disapproving of the actions of officials from various levels of government after the hurricane using data from a survey of Hurricane Katrina evacuees completed by The Washington Post/Kaiser Family Foundation/Harvard University (The Washington Post/Kaiser Family Foundation/Harvard University 2005) in the weeks after the storm, and data from a special topics ABC News/Washington Post public opinion survey completed in September of 2005 (ABC News/The Washington Post 2006). Key findings in this study include a strong similarity of results across data sets for race, sex, and religion with regards to respondents disapproving responses to the storm devastation at the federal level. A clear majority of respondents in both data sets disapproved of the actions of some level of government, further implying negative audience reactions, and thus the need to recognize the government’s response to Hurricane Katrina as a state crime.     

Limited Liability Companies and Technology Transfer

This paper provides an introduction to a new organizational form of business in the United States, the Limited Liability Company (LLC), and explores the potential use of LLCs for technology-transfer arrangements. Favorable characteristics of LLCs are limited liability for all equity holders, avoidance of corporate double taxation, flexibility of organizational form and distributions of profit, and few restrictions on membership. An unfavorable characteristic is that shares in an LLC cannot be publicly traded. The paper argues that, overall, the LLC form promotes certain types of strategic alliances, including those dealing with technology transfer. In particular, LLC characteristics lend themselves well to strategic alliances that form to share risk, exploit complementary assets, reduce transactions costs, overcome investment barriers, exchange technology, speed innovation and development, and make international expansions. The paper also points out why technology-transfer arrangements can and will continue to take on other forms as well.     

Victims and offenders of criminal violence

In order to test the hypothesis that victims and offenders of criminal violence are linked by means of the same life-style, a representative sample of 172 sentenced offenders and their victims was analyzed. It could be demonstrated that the pairs were systematically asymmetric: the offenders were younger, more often males, less wealthy, and more socially deviant than their victims, in spite of the fact that the victims were not representative for a normal population with regard to social deviance. The results of the study are more compatible with the supposition that violence can arise when certain situations are misinterpreted by the offender than with the proposal that violence is a result of similar life-styles in special segments of the population.