Regulatory bargaining in the shadows of preventive justice

Bronitt, Simon

doi:10.4324/9781315620978-12

Cited by 8 publications

(5 citation statements)

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“…For example, there is another well-known mechanism through which court closures could have affected different states’ relative rates of Black and Latino prison admissions during the pandemic (see Figure A.18): relative increases in pre-trial case dismissals (Figure A.18D) and pre-trial plea deals. Plea deals in particular have long been demonstrated to result in a disproportionate number of Black defendants spending time in prison [12, 32, 33]. Interruptions in court proceedings may have contributed to the increased Black and Latino representation in prisons populations by 1) reducing the increasingly large flux of white prison admissions, 2) amplifying processes—pre-trial case dismissals and pre-trial plea deals—that are long understood to be a leading contributor to disparities in judicial outcomes for Black individuals.…”

Section: Discussionmentioning

confidence: 99%

“…Mass incarceration in the United States is distinguished by striking racial disparities and a rate of imprisonment that surpasses all other nations, with 2.12 million people behind bars in 2019 [1–3, 6–9]. Due to a combination of structural inequities and discriminatory enforcement, Black and Latino people are more likely to be stopped by police [10], held in jail pretrial [11], charged with more serious crimes [12], and sentenced more harshly than white people [13, 14]. These practices have made Black men in the U.S. six times as likely and Latino men 2.5 times as likely to be incarcerated as white men [15, 16].…”

Section: Introductionmentioning

confidence: 99%

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COVID-19 amplified racial disparities in the U.S. criminal legal system

Klein

Ogbunugafor

Schafer

et al. 2021

Preprint

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During the first year of the COVID-19 pandemic, the number of incarcerated people in the United States decreased by at least 16%—the largest, fastest reduction in prison population in American history. Using an original dataset curated from public sources on prison demographics across all 50 states and the District of Columbia, we show that incarcerated white people benefited disproportionately from this decrease in the U.S. prison population, and the fraction of incarcerated Black and Latino people sharply increased. This pattern deviates from a decade-long trend before 2020 and the onset of COVID-19, during which the proportion of incarcerated Black people was declining. Using case studies of select states, we explore and quantify mechanisms that could explain these disparities: temporary court closures that led to fewer prison admissions, changes in the frequency of police interactions, and state-level prison release policies that sought to de-densify congregate settings. These findings illuminate how systemic racism pervades juridical and penal institutions and is the engine of mass incarceration in America.

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

COVID-19 amplified racial disparities in the U.S. criminal legal system

Klein

Ogbunugafor

Schafer

et al. 2021

Preprint

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“…According to the Association of Fraud Examiners' (ACFE, 2022) most recent report, 3 fraud reports have declined by 16% over the past decade, with 58%-69% of cases not reported in 2021. Another significant limitation of official statistics is the prevalent reliance on responsive regulation and bargaining mechanisms, such as deferred prosecution agreements (DPAs), across various sectors and industries, particularly in the United States and United Kingdom (Braithwaite, 1993(Braithwaite, , 2011Bronitt, 2017;St-Georges et al, 2023). The extensive adoption of leniency agreements instead of traditional prosecutions, coupled with a decline in corporate investigations and reporting, has further skewed official white collar crime data (Garrett, 2019;St-Georges et al, 2023).…”

Section: Limitations Of Official Statistics Scholars Have Long Critiq...mentioning

confidence: 99%

The donation method: A new behavioral measure for white collar crime?

Constantin,

Reese,

Boyett

2024

Sociology Compass

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To comprehensively grasp, predict, and address the complexity of white collar crime, robust measurement tools are imperative. The burgeoning interdisciplinary interest in this domain has spurred the development of diverse assessment tools aimed at capturing offending behavior and its proxies. In the present paper, we provide an overview of the strengths and weaknesses of several commonly employed measures, including official statistics, victimization surveys, self‐report surveys, and (quasi)experimental measures. Drawing insights from this review, we then introduce a novel behavioral measure: the donation method. Although the task was originally designed to examine behaviors of interest to behavioral economists, we carefully outline strategies to refine and implement the donation method to assess white collar crime, addressing challenges such as task suitability and controlling for respondent behavior. Additionally, we provide a sample task to illustrate how such a tool could be used within this field. We conclude by underlining the appeal of adopting innovative measurement tools like the donation method to advance our collective understanding of white collar crime. By advocating for its widespread adoption and providing guidance for its use, we endeavor to catalyze progress in the field, facilitating unique insights and, potentially, more efficacious strategies for confronting and surmounting the methodological obstacles inherent in studying this elusive form of criminal activity.

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“…Bourke, 2015; Cole, 2015; Hardy, 2017), and used as a form of critique (Tyulkina and Williams, 2017). Consideration has also been given to how preventive justice interacts with other forms of justice (Bronitt, 2017) and the role of effectiveness and legitimacy in the preventive endeavour (Ananian-Welsh, 2017; Legrand and Elliott, 2017; Murray, 2017).…”

Section: Preventive Justice Scholarshipmentioning

confidence: 99%

‘Perverts’, ‘Terrorists’, and Business as Usual: Pether and Preventive Justice Scholarship

Tulich

2018

Social & Legal Studies

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In this article, I use the themes and arguments contained in Professor Penelope Pether’s unfinished monograph, ‘Perverts’, ‘Terrorists’, and Business as Usual: Comparative Indefinite Detention before and after 9/11, to reflect upon the emerging body of preventive justice scholarship. I argue that Pether’s account unsettles many of the assumptions and aspirations of preventive justice scholarship and highlights that preventive justice scholars, myself included, need to think differently about preventive justice – questioning its normative project and legal standpoint. I argue that preventive justice scholarship, while aiming to furnish the values and principles by which justice might be achieved, should be conscious of its potential role in the perpetration of injustice by legitimizing – or being used by others to legitimize – laws and practices that offend rights and liberties. In doing so, preventive justice scholarship can guard against complicity in what Pether terms ‘law’s…creation of jurisdictions of exception’.

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Regulatory bargaining in the shadows of preventive justice

Cited by 8 publications

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COVID-19 amplified racial disparities in the U.S. criminal legal system

COVID-19 amplified racial disparities in the U.S. criminal legal system

The donation method: A new behavioral measure for white collar crime?

‘Perverts’, ‘Terrorists’, and Business as Usual: Pether and Preventive Justice Scholarship

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