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.     

Citizen aid,social media and brokerage after disaster

Abstract

In a crisis, aid providers deliver humanitarian relief across a hierarchy of organisations where influence and capacity map to their scale of operations. On the front lines of crises, ‘citizen aid’ is what small, local and informal groups offer to fellow citizens. These citizen aid groups are well-networked in place and tend to work through longstanding personal relationships. In the Philippines, citizen aid groups frequently support their activities by documenting their work with photos of beneficiaries to solicit donations from within the country and around the world across social media platforms. This paper builds on recent debates on brokerage through a case study of citizen aid in the relief effort after Typhoon Haiyan (2013–2017). Using this case-study approach, we demonstrate how social media has produced novel forms of brokerage shaped by circulating images online. This new kind of brokerage involves a layered network of brokers that both shapes citizen aid efforts and creates new channels for localising aid, enhancing the control of citizen groups in the Global South over aid.     

Rental Housing Assistance and Health: Evidence From the Survey of Income and Program Participation

Interest in the health impacts of renter housing assistance has grown in the wake of heated national discussions on health care and social welfare spending. Assistance may improve renters’ health by offering (a) low, fixed housing costs; (b) protection against eviction; and (c) access to better homes and neighborhoods. Using data from the Survey of Income and Program Participation and econometric analysis, I estimate the effect of receiving assistance from the public housing or Section 8 voucher programs on low-income renters’ reported health status and spending. Assisted renters spent less on health care over the year than unassisted low-income renters did, after controlling for other characteristics. This finding suggests that assisted housing leads to health benefits that may reduce low-income renters’ need to purchase health services. Voucher holders’ lower expenditures are influenced by their low, fixed housing costs, but public housing residents’ lower expenditures are not explained by existing theory.     

The Tamil people's right to self-determination

This article provides an overview of the crisis in Sri Lanka and states why an armed conflict has developed in the northern and eastern parts (north-east) of the country. The Tamils' accusations—of discrimination, denial of the right to self-determination, abrogated agreements and violations of international human rights and humanitarian law amounting to genocide by successive Sri Lankan governments—are supported by specific evidence given by international human rights and legal experts, international human rights non-governmental organizations and other relevant entities. The democratic parliamentary efforts and the non-violent resistance struggle of the Tamil people prior to the outbreak of war are traced over several decades. The article includes an outline of social and law and order achievements in the north-east under the de facto administration of the Liberation Tigers of Tamil Eelam (LTTE) and concludes with some current international dimensions of the situation.     

Guiding Principles for Directorial Conflicts of Interest: Re Allied Business and Financial Consultants Ltd; O'Donnell v Shanahan

The Court of Appeal has disposed of the ‘scope of business’ test as the touchstone principle for directorial entrepreneurship cases and has confirmed the continuing applicability of a capacity approach while emphasising the importance of directors obtaining the company's informed consent before taking up opportunities that they encounter. This provides welcome legal certainty but raises interesting questions about the scope of a director's disclosure obligations.     

Reframing the mediation debate in Irish all-issues divorce disputes: from mediation vs. litigation to mediation and litigation

Mediation currently plays a minor role in the Irish family justice system, yet a policy consensus exists that more couples should be encouraged to mediate and that increased rates of mediation will reduce the numbers seeking redress through the courts. The Mediation Act 2017 adopts this position, assuming that the provision of information on mediation will increase uptake and that mediation offers an alternative to litigation for most civil disputes. This article reviews attempts in Ireland, England and Wales to encourage family disputants to mediate, identifying weaknesses in the information strategy. It also examines the legal framework governing all-issues divorce and dissolution in Ireland, pointing to the limited potential for mediation to act as an alternative to litigation. It concludes by arguing that policy focus must shift away from encouraging mediation as an alternative to litigation towards more nuanced understanding of mediation as a support to court based dispute resolution.     

The self-defense defense and community sentiment

It has been asserted (e.g., Gillespie, 1989) that the self-defense defense, with its objectivereasonable man standard, is unfairly biased against certain female defendants who kill a male and plead not guilty by reason of self-defense (NGRSD), and that jurors, who represent community sentiment, share that bias. Using three cases where a woman kills and pleads self-defense (a battered woman case, aGoetz-like subway case, and an alleged rape case), whereseriousness of the harm, equal or unequal force, retreat/escape possibility, imminence, and thepresence and type of expert testimony were varied, 269 mock jurors (students and adults) rendered verdicts and ratings. Broad but variable support for the NGRSD was found (e.g., 63%, 27%, and 23% NGRSD verdicts in the battered woman, subway, and rape cases, respectively), along with evidence that subjects use a wider context and, at times, a subjective perspective to decide culpability. Implications for a self-defense defense are suggested.     

Breaking the Double Impasse: Securing and Supporting Diverse Housing Tenures in the United States

What might be described as a double impasse characterizes debate on U.S. housing tenure with advocates fighting for rental or ownership housing on one side and Third Way or mixed-tenure solutions on the other. Breaking this impasse requires disengaging from conceptions of an idealized form of tenure and instead advocating making virtually all tenures as secure and supported as possible, so that diverse households are able to live in homes that best fit their changing needs over their life cycles. This essay (a) presents data on the variety of tenures in the United States; (b) conveys a new two-dimensional map of tenure according to their degrees of control and potential for wealth-building; and (c) shows how U.S. institutions shape their risks and subsidies. Most U.S. tenures are at least somewhat risky, including those that receive the greatest federal subsidies. A new housing system is needed to secure and support as many tenures as possible.