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In: Crime, law and social change: an interdisciplinary journal, Band 75, Heft 5, S. 415-432
ISSN: 1573-0751
In: Crime, law and social change: an interdisciplinary journal, Band 72, Heft 4, S. 445-465
ISSN: 1573-0751
In: McGrath, J. (2015) 'The Prosecution of White-Collar Crime in a Developing Economy: A Case Study of Ireland in the 20th Century' In: Van Erp, J.; Huisman, W.; Vande Walle, G (eds). The Routledge Handbook of White-Collar and Corporate Crime in Europe. Oxford: Routledge.
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In: Palgrave Socio-Legal Studies
0. Foreword: Justice Hedigan -- 1. Changing Individual Behaviour And Culture – An Introduction And Overview -- 2. 'Responsively' Regulating The Financial Services Sector. An Evolving Architecture -- 3. The Systemic Problem Of Unethical Behaviours In Financial Services -- 4. Generating Cultures Of Compliance. The Limits Of The "Big Stick -- 5. The New Individual Accountability Regimes (Iars) -- 6. Professionalising Banking - A Trajectory Towards The Internalisation Of Norms -- 7. New Accountability In Financial Services – Concluding Thoughts.
In: Regulation & governance, Band 17, Heft 3, S. 791-809
ISSN: 1748-5991
AbstractThis article addresses the issue of renewing a sense of vocation in finance. Drawing on experiences in the UK, Australia, and Ireland, three common law jurisdictions at various phases of developing "an ethical esprit de corps" to professionalize the banking industry, it argues that adopting some aspects of a profession, a "trajectory towards professionalization" of the banking industry, could serve, at least to some extent, to improve the industry‐wide norms that influence firms' cultures and individual behaviors. It contends that professionalization could help to develop bankers with a professional, pro‐social identity, in which there is a recognition of broader obligations to society, that exists independently of the profit‐driven nature of banking and the hierarchy of their own firms. This analysis is informed by an integration of regulatory theory, which casts doubt on the utility of sanctions except as a last resort, behavioral science, which offers insights into how ethics and culture, not just law and markets, can constrain irresponsible behavior in the financial services sector, and criminological theory, which emphasizes that particular types of controls, including individual attachments to groups, build "stakes in conformity" which encourage law abiding and responsible behaviors.
In: UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 06/2022
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In: Punishment & society, Band 23, Heft 2, S. 164-189
ISSN: 1741-3095
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.
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From corporate corruption and the facilitation of money laundering, to food fraud and labour exploitation, European citizens continue to be confronted by serious corporate and white-collar crimes. Presenting an original series of provocative essays, this book offers a European framing of white-collar crime. Experts from different countries foreground what is unique, innovative or different about white-collar and corporate crimes that are so strongly connected to Europe, including the tensions that exist within and between the nation-states of Europe, and within the institutions of the European region. This European voice provides an original contribution to discourses surrounding a form of crime which is underrepresented in current criminological literature
Wide-ranging, authoritative and grounded in the expertise of people with intellectual disabilities, this book offers an authentic account of the challenges those with intellectual disabilities face in their relationships and sex lives across the globe and explores what society needs to do to respect their rights