Simple Rhetoric and Complex Punitiveness: Federal Criminal Justice Responses to White-Collar Criminality

Abstract

Though criminological literature shows that the manifestation of punitiveness in the criminal justice system is complex, it rarely differentiates between responses to different kinds of crimes. This constitutes a significant gap in knowledge, as it is widely believed that white-collar crimes are treated leniently. In light of the “heating up” of political rhetoric, the expansion of federal criminal law, and the increased maximum punishments on conviction, the article aims to explore whether prosecutorial and judicial responses to white-collar crimes have become more punitive, employing rarely used datasets from the Bureau of Justice Statistics (BJS) between 1996 and 2014. It is demonstrated that these responses are more complex and less consistently punitive than the rhetoric and policies advanced by politicians. It endeavors to capture the complexity of punitiveness in practice by measuring numerous variables and multiple points in the criminal justice process, studying punitiveness from multiple angles, using prosecution and sentencing data.     

Raising the "civilized minimum" of pain amelioration for prisoners to avoid cruel and unusual punishment

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. He notes, however, that there has been improvement in medical treatment in general for prisoners due to court challenges based on the Eighth Amendment's prohibition against cruel and unusual punishment. Yet, due to the protection of qualified immunity given to jailers and prison health care providers, prisoners cannot bring a claim for negligence or medical malpractice, they must allege a violation of their constitutional rights, a significantly higher legal standard. Prisoners must meet a subjective test showing that there was a deliberate indifference to their medical needs that violates the protection of the Eighth Amendment. The Author concludes that because medical advances have made it possible to alleviate most pain suffering, withholding pain treatment or providing a less effective treatment is tantamount to inflicting pain and should be viewed as a violation of the Eighth Amendment.     

Mothers' and Fathers' Attitudes Toward Their Children's Academic Performance and Children's Perceptions of Their Academic Competence

Journal of Youth and Adolescence - Do mothers' and fathers' attitudes towards their children's academic performance influence children's perceptions of their academic competence?...     

Experience with urine drug testing by the Correctional Service of Canada

The Correctional Service of Canada implemented a urine drug-screening program over 10 years ago. The objective of this report is to describe the program and drug test results in this program for 1999. Offenders in Canadian federal correctional institutions and those living in the community on conditional release were subject to urine drug testing. Urine specimens were collected at correctional facilities and shipped by courier to MAXXAM Analytics Inc. laboratory. All urine specimens were analyzed for amphetamines, cannabinoids, cocaine metabolite (benzoylecgonine), opiates, phencyclidine, benzodiazepines, methyl phenidate, meperidine, pentazocine and fluoxetine by immunoassay screening (homogeneous EIA and ELISA assays) followed by GC-MS confirmation. Ethyl alcohol was analyzed when specifically requested. Alternative screening and confirmation methods with lower cut-off values were used, whenever urine specimens were dilute (creatinine <20mg/dl and specific gravity 相似文献   

The 5-year course of intimate partner violence among White, Black, and Hispanic couples in the United States

This article examines the 5-year incidence, prevalence, and recurrence of intimate partner violence (IPV) among White, Black, and Hispanic intact couples in the United States. A national multistage household probability sample of couples, age 18 years or older, was interviewed in 1995 with a response rate of 85%, and reinterviewed in 2000 with a response rate of 72%. Results indicate that the incidence and recurrence of IPV are higher for Blacks and Hispanics than for Whites. Compared to Whites, Hispanics are 2.5 times more likely to initiate IPV between baseline and follow-up and Blacks are 3.7 times more likely to report IPV at baseline and follow-up. Couples reporting severe IPV in 1995 are more likely than others to report severe IPV at follow-up. The rate of recurrence for severe IPV among Black and Hispanic couples is 6 and 4 times higher, respectively, than the rate among Whites. The results suggest that Blacks and Hispanics may be more affected by IPV.     

Subgroup differences and implications for contemporary risk-need assessment with juvenile offenders

Risk-need assessment is widely accepted as best practice with juvenile offenders and is underpinned by a healthy research literature on risk assessment inventories. Previous studies have found both similarities and differences on risk measures when gender and racial/ethnic subgroups have been compared. Differential validity has been examined, but differential prediction has been overlooked. The current study undertook gender and ethnic comparisons for a large sample (n = 3568) of community-based juvenile offenders who were evaluated using the Australian Adaptation of the Youth Level of Service/Case Management Inventory (YLS/CMI-AA). Analyses showed various gender and ethnic differences at the item level, across domain scores and on the total inventory score, but not for validity indices. However, 1-year reoffending rates for youth in three classification categories (low, moderate, high) varied by gender and ethnicity. The findings were related to contemporary understandings of the risk factors for offending and the dynamics of crime for gender/ethnic subgroups. It is argued that in spite of these subgroup differences, a generic inventory such as the YLS/CMI-AA can be used fairly with various subgroups. Recommendations for how this could be accomplished are provided. (PsycINFO Database Record (c) 2012 APA, all rights reserved).