The Savings and Loan Debacle of the 1980s: White-Collar Crime or Risky Business?*

This paper examines the role of white-collar crime in the savings and loan crisis. Noting economists' assertions that crime was only a minor ingredient in the crisis, we compare the explanatory power of this “minimal fraud” model to that of its “material fraud” alternative. Bringing together evidence from every major study of thrifts in the 1980s, we argue that only the material fraud hypothesis can make sense of these data. This study demonstrates the utility of deductive reasoning in distinguishing between white-collar crime and ordinary business transactions, thereby potentially contributing to prosecutorial efforts, and helping resolve long-standing methodological dilemmas confronting white-collar criminologists.     

Self Reports of Violence

Self-report data are used to compare the relative incidence of aggression and violence among ex-mental patients, ex-offenders, and the general population and to examine the effect of socio-demographic variables on the frequency of these behaviors. Frequency was measured by reported frequencies of aggressive behaviors during the preceding year, by whether respondents could recall serious disputes, and by the recency of the disputes they recalled. In support of studies that have relied on official arrest statistics, the evidence suggests that ex-offenders engage in violence with greater frequency than the other two groups and that they have a greater tendency to physically attack and injure their antagonists when involved in violent disputes. Ex-mental patients appear to use weapons more frequently than the general population, but they are no more likely to injure antagonists. In contrast to labeling theory, police were no more likely to become involved or to make an arrest in incidents involving ex-patients or ex-offenders.     

CONSTITUTIVE CRIMINOLOGY: THE MATURATION OF CRITICAL THEORY*

This paper synthesizes recent trends in the development of critical criminology into a new theoretical direction in thinking about crime. It rejects approaches to criminological theory that reduce crime to an outcome of micro causes or macro contexts. It suggests instead that thinking about crime should be reconsidered as the coterminous discursive production by human agents of an ideology of crime that sustains it as a concrete reality. It argues that this coproduction occurs when agents act out criminal patterns, when others seek to control criminal behavior, and when yet others attempt to research, philosophize about, and explain crime. The paper argues that reducing crime will only come about with a reduction of investment by human agents in the ideology of crime production. Such a reflexive re-conceptualization requires the development of a replacement discourse, rather than an oppositional one, a peacemaking discourse rather than a conflicting one. We call this new theoretical direction constitutive criminology.     

‘RENEWING DEFRA’: EXPLORING THE EMERGENCE OF RISK‐BASED POLICYMAKING IN UK CENTRAL GOVERNMENT

Risk‐based policymaking is a form of reflexive policymaking that uses risk analysis to address both the primary objects of policy interventions and their secondary adverse consequences. As such, it has become central to debates about efficiency, control and accountability in UK government. To better understand the factors shaping its emergence, this article studies the UK Department for Environment, Food and Rural Affairs' (Defra) adoption of risk‐based policymaking. In‐depth interviews with Defra staff suggest that risk‐based policymaking serves conflicting objectives and struggles to perform its ostensive functions. The article concludes, first, that risk understandings can be organizationally filtered in ways that reinforce rather than challenge entrenched policy practices. Second, that using risk‐based policymaking for audit purposes can undermine policymaking reflexivity. Third, that the value of risk ideas in reconciling competing accountability and blame‐avoidance pressures leads to risk ‘colonizing’ increasing dimensions of policymaking.