The field of regulation and governance has strong roots in criminological research. Foundational ideas about regulatory enforcement styles, root causes of compliance, and nongovernmental approaches to regulation and its enforcement have originated in criminological research. Over the last decades, however, criminology has been less explicitly present in the study of regulatory governance. This article, as an introduction to a special issue on the topic, discusses key theories, findings, and developments in criminological work's relevance to regulatory studies. It discusses how the criminological theory of capable guardianship offers a vital opportunity approach to understand and address regulatory violations. It shows the importance of longitudinal research in regulatory studies, highlighting how offending changes along the regulated business life cycle. Furthermore, it showcases how criminological research offers a new perspective on the organizational analysis of offending behaviors and the vitality of meso-level analysis within a broader macro context. And finally, it provides new avenues for enforcement and compliance research, including the study of defensive compliance practices and a compliance management approach to tackle police abuse.
In a systematic narrative review of 33 longitudinal corporate crime studies, we identify and describe corporate criminal career dimensions: participation, frequency, crime mix, and duration. Themes and patterns across data sources are assessed, including information collected that informs a corporate criminal career perspective and what remains unexamined. Main findings reveal: (1) most longitudinal studies do not explicitly focus on the corporate criminal career; (2) a significant number of companies offend occasionally over time, but others offend often (chronically) or not at all; (3) typically, studies examine one or two types of offending, offering little insight into crime mix; and (4) identifiable groups of corporations show evidence of both stability and change over time. Studies provide insights for understanding the dimensions of corporate criminal careers (some more than others), but more explicit and detailed longitudinal work is needed. We conclude by identifying potential areas for theoretical advances and future research.
Born of sociology while absorbing ideas and scholarship from other specialties, criminology can legitimately tout its interdisciplinary bona fides. Yet within the field, integration and cross-pollination across subject areas is, far too often, absent. Concentrating on corporate crime and summarizing the literature across a variety of different domains, I demonstrate that criminology, as a discipline, benefits from knowledge generated by corporate crime scholarship and vice versa. I discuss why it is essential to build a multidisciplinary knowledge base that informs and draws from corporate crime scholarship while also addressing critical epistemological challenges and knowledge gaps that confound integrative efforts. I conclude with potential areas of synergy ranging from the theoretical (organizational life cycle/life course and decision-making in different contexts) to new/old forms of crime and crime control associated with the emergence of artificial intelligence and machine learning.
Despite research and policy efforts over the years to develop a comprehensive data system for white-collar crimes, there has never been a published article that chronicles them. In this paper we describe these efforts, emphasizing specific findings and recommendations from our 2015 report, funded by the federal Bureau of Justice Statistics, on building a national database for corporate offenses. We summarize recently proposed Congressional legislation, based on our recommendations, to establish the development of a national database for tracking these offenses over time. Noting other recent moves within the federal government in this direction, we conclude that, despite the continuing lack of such a database, the trend towards it has been positive over the past several decades.
Most research on white-collar offenders' criminal legal processing assess whether white-collar "status" is a benefit or a liability at sentencing, comparing white-collar defendants with those accused of a similar index offense. Missing is whether disparities exist among white-collar defendants and at what stage of processing they occur. We focus on Medicare fraud by physicians to identify potential sources of bias resulting in favorable or unfavorable outcomes. Results show that the prominent sources of processing dissimilarity are legally relevant characteristics. Some extra-legal factors impact processing outcomes but effects vary across decision stages. We conclude with implications for theory and future research.
Objectives Test the role of individual and crime characteristics on public opinions of white-collar crime seriousness and support for crime reduction policy; consider the relationship between perceptions of crime seriousness and support for public policies to reduce white-collar crime. Methods Data from a nationally-representative survey. Respondents (n = 2,050) rated ten white-collar crimes, relative to a street crime (burglary) and also indicated their relative support (i.e., willingness to pay) for 16 policies to reduce various types of white-collar crime. Models incorporate respondent-level random effects to account for multiple ratings per respondent. Results Crimes committed by organizations are perceived more seriously than those committed by individuals. Perceptions of a white-collar crime as more serious than burglary increase the likelihood of supporting prevention programs. Race and political party are related to both perceptions of crime seriousness and support for prevention policy. Conclusions There may be less consensus around perceptions of white-collar crime seriousness than for other crime types. Perceptions of crime seriousness are a function of both individual and crime characteristics that structure assessments of risk, harmfulness, and wrongfulness. Group differences may be related to differences in awareness of the scope, harms, and perceived victimization risk associated with particular crime types.
In the past two decades criminologists have seriously turned to the study of corporate illegality and other forms of white-collar crime. The call for closer examination of intraorganizational processes and their relationship to corporate illegality emerges in part from dissatisfaction with earlier research that examines the impact of extraorganizational pressures on various types of corporate offending. There are many studies that highlight the importance of both corporate culture and structure on crime. There are several broad categories of anticompetitive behaviors that are relevant for a theory. In the early years of monopoly capital, corporations sought to control their environments through mergers. Some theoretical perspectives explain etiology by emphasizing the flawed personality characteristics of corporate managers. Anomie theory postulates extraorganizational and internal sources of strain that motivate corporate representatives to substitute illegal for legal means. As strategic goals for the organization shift, the motivations for corporate crime reflect these adjustments.
Purpose Drawing on concepts from strain, feminist, and life-course perspectives, we investigate the proximal effects of strain on violence and serious drug use along with the distal "carryover" effects of childhood abuse among women. Methods Using 36 months of retrospective data collected from 778 incarcerated women, we estimate monthly within-person effects of four types of strain experienced in adulthood (i.e., negative life events and three forms of victimization) on respondent-initiated violence and serious drug use. Cross-level interactions assess the moderating "carryover" effects of childhood abuse and cumulative adversity. Results Negative life events increased women's initiation of violence and serious drug use. Having a near violent experience was positively associated with violence, while violent conflict increased drug use. Experiencing both childhood physical and sexual abuse accentuated the effect of predatory victimization on violence, and physical victimization amplified the positive relationship between near violence and drug use. Unexpectedly, women who experienced childhood sexual abuse were less likely to use drugs after experiencing strain. The accumulation of adversity among abused women could not account for these moderating effects. Conclusion Findings suggest women's recent life experiences can explain offending in the foreground, while childhood abuse can account for some within-sex heterogeneity in these relationships.
Objectives To provide quantitative attention to the correlates of the gender gap in illegal pay. Guided by the literatures on the gendered nature of offending, illegal earnings, and the gender gap in legal pay, we ask: what factors are associated with the gender gap in illegal pay? Methods We use the Delaware Decision Making Study, a sample of incarcerated offenders, to unpack the gender gap in illegal pay with the Blinder-Oaxaca decomposition technique. Results The gender gap in illegal pay is partly accounted for by criminal analogs—criminal capital and psychosocial attributes—to correlates for the gender gap in legal pay and differences in reward structures. Race also emerges as an important factor. Conclusions The disadvantage women face in the legal workforce extends to illegal markets, and our understanding about the gender gap in legal pay can be translated to criminal contexts.
CONTEXT:Little is known about whether adolescents' risk-taking in areas other than sex is associated with the effectiveness of their contraceptive method use, or whether any such associations vary by race and ethnicity.METHODS:Data from the 2011, 2013 and 2015 National Youth Risk Behavior Surveys were used to examine nonsexual risk behaviors and contraceptive method choice among 5,971 sexually active females aged 13-18. Risk-taking profiles for White, Black and Hispanic adolescents were identified using latent class analysis. Multinomial logistic regression was used to estimate the associations between these risk profiles and use of less- or more-effective contraceptive methods at last sexual intercourse.RESULTS:Three distinct risk-taking profiles were identified for White and Hispanic adolescents and two for Black adolescents. Compared with their counterparts in the low-risk "abstainer" group, White adolescents in the "high substance use and violence" group were less likely to use condoms alone (relative risk, 0.4) or a prescription contraceptive paired with condoms (0.3) rather than no contraceptive at all, and more likely to use withdrawal or no method rather than condoms alone (2.4 each). However, higher risk-taking among Whites was positively associated with using prescription contraceptives rather than condoms (1.9). Among Black and Hispanic females, lower risk-taking was associated only with more condom use.CONCLUSIONS:Future studies should examine whether interventions designed to reduce adolescent risk-taking improve the effectiveness of contraceptive use, particularly among White females. However, efforts to increase Black and Hispanic adolescents' use of more-effective contraceptives should target barriers other than risk-proneness. Perspectives on Sexual and Reproductive Health, 2020, 52(4):TK, doi:10.1363/psrh.12165.
This is the protocol for an updated Campbell review on corporate crime deterrence. Our overall objective is to identify and synthesize the extant empirical literature on formal legal and administrative prevention and control-that is, the actions and programs of government law enforcement agencies, legislative bodies, and regulatory agencies within a specific focus, as further discussed in this study. This review will consider all types of legal and regulatory practices as long as corporate crime prevention is part of the outcome. Other outcomes and information, if relevant, will also be collected.
The role of marriage has been extensively studied for its positive impacts on male desistance. However, the role of romantic partners for women is less understood. Do partners exert a prosocial "protective" effect or are they criminogenic? The present study empirically drills down on this question. Specifically, we assess the character and quality of romantic relationships on substance use and illegitimate income using a sample of incarcerated women. Drawing from social control, social learning, and strain theory, we hypothesize that the effects of both being in and breaking up from a relationship on illicit behavior are conditional on the quality of the relationship and behavior/characteristics of the partner. Using data from the Women's Experience of Violence (WEV) project, consisting of a custodial sample of criminal justice-involved women (N = 770), we examine how relationship status and quality, as well as partner offending, influence drug use and illicit earnings. A series of multi-level random effects models are estimated to explore how within-person changes in relationship/breakup status are related to changes in the two dependent variables. Contrary to expectations, we find that romantic dissolution (of either a high- or low-quality relationship) does not negatively impact this sample of women and that being in a high-quality relationship is not a protective factor, as has been found often in male samples. Findings suggest partner behavior may be more important than the quality of the relationship with the partner. Our results link drug use and participation in the illicit economy to factors mostly outside of a woman's relationship status and quality, thereby challenging some commonly understood mechanisms of desistance.