Revisiting the choice model of Ponzi and Pyramid schemes: analysis of case law

This exploratory study operationalizes the variables comprising the choice model of white collar crime through analyzing cases decided by federal courts, the Securities and Exchange Commission (SEC), and the Federal Trade Commission (FTC). Cases were extracted from the LEXIS-NEXIS, WESTLAW, and the NERA Economic Consulting databases and categorized according to the indicators of the choice model: size of pool of criminally predisposed, supply of lure, prevailing beliefs about credibility of external oversight, internal oversight and self-restraint, and supply of criminal opportunities. The findings show that unequal access to information among the investors and misuse of trust and affinity relationships affected the size of the pool of criminally tempted individuals. Supply of lure was affected through advances in modern technology and promises of wealth and material success at low costs and risks. Prevailing beliefs about the credibility of external oversight and internal corporate regulatory controls were affected by the efficiency and effectiveness of enforcement authorities. Variables described by the choice model of white collar crime can be operationalized through analysis of existing case law.     

New methods for examining expertise in burglars in natural and simulated environments: preliminary findings

Expertise literature in mainstream cognitive psychology is rarely applied to criminal behaviour. Yet, if closely scrutinised, examples of the characteristics of expertise can be identified in many studies examining the cognitive processes of offenders, especially regarding residential burglary. We evaluated two new methodologies that might improve our understanding of cognitive processing in offenders through empirically observing offending behaviour and decision-making in a free-responding environment. We tested hypotheses regarding expertise in burglars in a small, exploratory study observing the behaviour of ‘expert’ offenders (ex-burglars) and novices (students) in a real and in a simulated environment. Both samples undertook a mock burglary in a real house and in a simulated house on a computer. Both environments elicited notably different behaviours between the experts and the novices with experts demonstrating superior skill. This was seen in: more time spent in high value areas; fewer and more valuable items stolen; and more systematic routes taken around the environments. The findings are encouraging and provide support for the development of these observational methods to examine offender cognitive processing and behaviour.     

A Tale of Two Inquiries: Sans Everything and Ely

The government acknowledged scandalously poor care of long‐stay patients in National Health Service (NHS) hospitals in 1969. This followed the Ely Hospital inquiry, which emerged in the aftermath of revelations of abuse at seven hospitals described in Barbara Robb's book Sans Everything: A Case to Answer (1967). Allegations in Sans Everything and at Ely were similar. However, the inquiry committees which investigated, ‘disproved’ those in Sans Everything and upheld those at Ely. The Ely inquiry became pivotal to NHS policy reform for long‐stay mental illness and mental handicap hospitals, and for giving patients and their families a greater voice if they had concerns about inadequacies. This paper explains the relationship between Sans Everything and ‘Ely’ and analyses the impact of Robb's work—her high‐profile press campaign, networking, and determination to achieve improvement—which triggered revelations at Ely and elsewhere, and helped shape the course and constructive outcome of the Ely inquiry.     

Crossing the Great Divide – Using Multi‐method Analysis to Understand Opposition to Windfarms

This paper demonstrates the possibilities for the complementary use of regression analysis and discourse analysis to further understand issues in public administration. To do so, an empirical study of opposition to wind energy planning applications is used. The application of logistical regression to analyse the factors which may influence windfarm planning applications is discussed, factors including the attitudes of local people. Discourse analytical techniques are then used to consider how anti‐windfarm campaigners manage accusations of ‘Not In My Back Yard’ (NIMBYism). This is done partly by linking their cause with wider environmental objectives. Although discourses and logistical regression models have very different ontologies, the paper demonstrates that there is no inevitable conflict between the epistemologies used in these two different methods, despite differences in the type of data being analysed.     

The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

Detention and the Evolving Threat of Tuberculosis: Evidence, Ethics, and Law

The issue of detention as a public health control measure has attracted attention recently. This is because the threat of strains of tuberculosis that are resistant to a wider range of drugs has been identified, and there is renewed concern that public health is threatened. This paper considers whether involuntary detention is justified where voluntary measures have failed or where a patient poses a danger, albeit uncertain, to the public. We discuss the need for strengthening evidence-based assessments of public health risk and suggest that we should reflect more profoundly on the philosophical foundations upon which our policies and practices are grounded.     

Modeling the Social and Spatial Proximity of Crime: Domestic and Sexual Violence Across Neighborhoods

Journal of Quantitative Criminology - Our goal is to understand the social dynamics affecting domestic and sexual violence in urban areas by investigating the role of connections between area...