Theorizing the drop in white-collar crime prosecutions: An ecological model

2020 ◽  
pp. 146247452093906
Author(s):  
Joe McGrath ◽  
Deirdre Healy
Keyword(s):  
Decision Making ◽  
Ecological Model ◽  
White Collar Crime ◽  
White Collar ◽  
Individual Level ◽  
Societal Factors ◽  
New Findings ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Heating Up

This article theorizes prosecutorial decision-making using an ecological model which proposes that prosecutorial outcomes are shaped by four inter-related and intersecting systems: (a) macro-level, or societal, factors such as crime rates (b) meso- and exo-level factors, such as organisational culture, (c) micro-level factors, such as interactions between prosecutors, and (d) individual-level factors, such as victim and perpetrator characteristics. While the model is designed to explain prosecutorial decision-making in general, it also accounts for the paradoxical trends observed in the US since the financial crash in 2008 when the number of prosecutions fell despite a heating up of political rhetoric around white-collar crime. The utility of the model is explored through a critical reading of the extant literature and an analysis of relevant qualitative and quantitative data. The discussion shows that, while each set of factors shapes prosecutorial outcomes to some extent, two explanations are particularly convincing. First, the data suggest that the dip in prosecutions may be explained by prosecutors focusing limited resources on more serious (albeit fewer) cases. Second, delays in case processing emerged sometime between 2011 and 2012 due to bottlenecks in the criminal justice process and coincided with the fall in prosecutions. While the roles played by some of the factors considered in this article are already well-known, the contributions of systemic delays and the shift towards more resource intensive cases represent new findings.

scholarly journals Attitudes, Rape and Law Reform in South Africa

2009 ◽  
Vol 73 (5) ◽  
pp. 414-429 ◽  
Author(s):  
Charnelle van der Bijl ◽  
Philip N. S. Rumney
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Criminal Justice ◽  
Social Attitudes ◽  
Law Reform ◽  
Judicial Decision Making ◽  
Rape Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.

Offender Decision Making in Corporate and White-Collar Crime

2017 ◽  
Author(s):  
Wim Huisman
Keyword(s):  
Decision Making ◽  
Corporate Crime ◽  
White Collar Crime ◽  
White Collar ◽  
Organizational Structures ◽  
Psychological Characteristics ◽  
Impulsive Behavior ◽  
Rational Decision ◽  
Prevention And Intervention ◽  
Rational Decision Making

Corporate and white-collar crimes are crimes committed by managers or other professionals acting in an occupational or business-related context. These crimes are generally viewed as outcomes of rational decision making rather than opportunistic or impulsive behavior. This chapter addresses offender decision making in corporate and white-collar crimes. It builds from, as well as critically reflects on, the rationality paradigm of white-collar decision making. It discusses sociodemographic and psychological characteristics of the managers who commit these crimes and the organizational structures and corporate cultures of the firms that are involved. The chapter also describes the situations in which these crimes are committed, and it reviews research on the perception and evaluation of choice in white-collar and corporate crime settings. The chapter discusses implications of research on white-collar decision making for prevention and intervention of white-collar and corporate crime.

What do young people in high-income countries want from STI testing services? A systematic review

2021 ◽  
pp. sextrans-2021-055044
Author(s):  
Joscelyn Gan ◽  
Varsicka Kularadhan ◽  
Eric P F Chow ◽  
Christopher K Fairley ◽  
Jane S Hocking ◽  
...  
Keyword(s):  
Systematic Review ◽  
Young People ◽  
Ecological Model ◽  
Service Level ◽  
High Income ◽  
Sexual Health Education ◽  
Individual Level ◽  
Societal Factors ◽  
Sti Testing ◽  
Societal Level

BackgroundThere are upward trends of STI rates among young people in most high-income countries. We reviewed the literature to provide a summary of information to support health services with the aim of increasing testing of STIs among young people living in high-income countries.MethodsWe conducted a systematic review (Prospero: CRD42020179720) using PubMed, Embase, PsychINFO and CINAHL. The search was performed on 10 January 2020 for studies between January 2000 and 10 January 2020. Two reviewers independently screened articles, and any discrepancies were resolved by a third reviewer. Studies were included if they were performed in high-income countries and contained data on both young people (<26 years) and STI testing preferences. Data regarding the characteristics of STI testing services that young people preferred was extracted. We categorised these characteristics using the framework of a social-ecological model.ResultsWe identified 1440 studies, and 63 studies were included in the final review. We found 32 studies that addressed individual factors, 62 studies that addressed service factors and 17 studies that addressed societal factors. At an individual level, we identified eight attributes including the need for improved sexual health education. At a service level, 14 attributes were identified including preferences from different subgroups of young people (such as sexual and ethnic minorities) for the types of services. At a societal level, we identified two attributes including the need to address stigma associated with STIs.ConclusionWe provide an overview of the growing body of literature capturing the preferences of young people for STI testing services. To optimise the uptake of STI testing among young people, factors from all socioecological levels should be considered. In addition, understanding and accounting for distinct preferences from subgroups of young people could increase demand for STI testing services for those at greatest need.

scholarly journals Rule-violating behaviour in white-collar offenders: A control group comparison

2018 ◽  
Vol 17 (3) ◽  
pp. 332-351 ◽  
Author(s):  
Joost HR van Onna ◽  
Victor R van der Geest ◽  
Adriaan JM Denkers
Keyword(s):  
Matched Control ◽  
White Collar Crime ◽  
White Collar ◽  
Individual Characteristics ◽  
Organizational Characteristics ◽  
Control Group ◽  
Individual Level ◽  
Traffic Violations ◽  
White Collar Offenders ◽  
Do So

This study aims at enhancing our understanding of criminogenic individual-level factors in white-collar crime, that is, fraudulent acts carried out in an occupational capacity or setting. We do so by examining consistency of rule-violating behaviour across different settings outside the occupational context in a sample of white-collar offenders ( n = 637) and comparing it with a matched control group ( n = 1809), controlling for socio-demographic, crime and organizational characteristics. Results show that white-collar offenders, including those holding high-trust organizational positions, engaged in regulatory income tax violations and regulatory traffic violations at significantly higher levels than did controls. This study concludes that individual characteristics are likely to underlie the identified cross-contextual consistency in rule-violating behaviour and debates the relevance of the findings for white-collar crime in organizations.

Fitness to be interviewed: decision-making in the mental health in-patient setting

2020 ◽  
pp. 1-11
Author(s):  
Allison Edwards ◽  
Simon Jackson ◽  
Keith J. B. Rix ◽  
Faisil Sethi
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Criminal Justice ◽  
Legal System ◽  
England And Wales ◽  
Psychiatric Setting ◽  
Police Interviews ◽  
Justice Process ◽  
Criminal Justice Process

SUMMARY When a patient in an in-patient psychiatric setting allegedly commits a crime, psychiatrists are sometimes asked to assess their fitness to be interviewed by the police. This article describes how to conduct this assessment, outlines the criminal justice process leading to police interviews (with particular reference to the legal system in England and Wales) and highlights practical issues to consider when assessing fitness to be interviewed in this context.

How modern psychology can help us understand white-collar criminals

2019 ◽  
Vol 26 (1) ◽  
pp. 61-73 ◽  
Author(s):  
Thomas E. Dearden
Keyword(s):  
Decision Making ◽  
White Collar Crime ◽  
Explanatory Power ◽  
White Collar ◽  
Potential Effect ◽  
Content Type ◽  
Sociological Factors ◽  
Psychological Theories ◽  
White Collar Offenders ◽  
Current Psychological

PurposeThis paper aims to add to the theoretical discussion of white-collar crime by introducing modern psychological decision-making literature and the potential effect on white-collar offending.Design/methodology/approachUsing a theoretical approach, literature on heuristics, innovation and stress, insight into why white-collar offenders decide to commit crime is posited.FindingsThe heuristics and strategies that people use to assist in decision-making process may inadvertently promote white-collar crime. For example, stress may inhibit white-collar offenders’ thinking, causing them to discount the risk of committing said offense; individuals may not challenge the success of carrying out a white-collar offense once it is considered; and generally, people will be more optimistic in considering their success of not getting caught.Originality/valueCurrently, the study of white-collar crime is discussed largely in the context of sociological factors. Current psychological theories have considerable explanatory power in understanding why white-collar offenders commit their crimes.

White-Collar Crime and Criminal Careers

2001 ◽  
Author(s):  
David Weisburd ◽  
Elin Waring ◽  
Ellen F. Chayet
Keyword(s):  
White Collar Crime ◽  
White Collar ◽  
Criminal Careers

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

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