Appellate courts sometimes provide relief in cases where prosecutors engage in certain actions, either free from scrutiny during investigation (backstage) or under judicial oversight during ...litigation (front-stage), that go beyond their authority and the law. Yet little is known about how the nature and types of prosecutorial misconduct recognized by appellate courts systematically affect their decisions to provide relief. Using data from the Center for Prosecutor Integrity, we analyze 150 appellate court cases between 2010 and 2015 in which prosecutorial misconduct is substantiated by the courts. We find that higher courts are more likely to correct for cases involving multiple types of misconduct and for cases in which the misconduct occurs “backstage,” outside of judicial oversight, rather than during litigation.
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials, whatever the outcomes of ...those trials might be-and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant's guilt and safeguard that conviction over time.
Daniel S. Medwed, a nationally-recognized authority on wrongful convictions, has wrestled with these issues for nearly fifteen years, ever since he accepted a job as a public defender with the Legal Aid Society of New York City. Combining his hands-on experience in the courtroom and his role as a teacher and scholar in the classroom, Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional "prosecution complex" that animates how district attorneys' offices treat potentially innocent defendants at all stages of the process-and that can cause prosecutors to aid in the conviction of the innocent. Ultimately,Prosecution Complexis not intended to portray prosecutors as rogue officials indifferent to the conviction of the innocent, but rather to explain why, while most prosecutors aim to do justice, only some hit that target consistently.
·"A fascinating ethical, legal, and psychological perspective… Gripping accounts… Simply must be read by all." - Brandon Garrett, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia
·"Absorbing, sobering, and informative… This is a must read!" - Charles J. Ogletree, Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice
·"Shows us how to fix the problems." - John Grisham, New York Times best-selling author ofThe Litigators
·"Challenges us all to work towards changes." - Scott Renshaw,City Weekly
·"This book should be required reading by all prosecutors and by all law students." - Maurice Possley,Los Angeles Daily Journal
·"Illuminating." -Appeal and Habeasblog
·"Enlightening… tackles an issue many tend to shy away from." - Shelby Scoffield,Desert News
·"A scholarly conversation." -Boston Review
·"Highly recommended." -CHOICE
·"Even-handed, clear-headed." -Rutgers
"Appeals to both academics and anyone interested in gaining knowledge." -Criminal Justice Review
There has long been interest in how leaders influence the unethical behavior of those who they lead. However, research in this area has tended to focus on leaders' direct influence over subordinate ...behavior, such as through role modeling or eliciting positive social exchange. We extend this research by examining how ethical leaders affect how employees construe morally problematic decisions, ultimately influencing their behavior. Across four studies, diverse in methods (lab and field) and national context (the United States and China), we find that ethical leadership decreases employees' propensity to morally disengage, with ultimate effects on employees' unethical decisions and deviant behavior. Further, employee moral identity moderates this mediated effect. However, the form of this moderation is not consistent. In Studies 2 and 4, we find that ethical leaders have the largest positive influence over individuals with a weak moral identity (providing a "saving grace"), whereas in Study 3, we find that ethical leaders have the largest positive influence over individuals with a strong moral identity (catalyzing a "virtuous synergy"). We use these findings to speculate about when ethical leaders might function as a "saving grace" versus a "virtuous synergy." Together, our results suggest that employee misconduct stems from a complex interaction between employees, their leaders, and the context in which this relationship takes place, specifically via leaders' influence over employees' moral cognition.
Police culture creates an “us versus them” dynamic, which, at its worst, treats threats to the “thin blue line” as worthy of group response. Prior research documents such a group threat process as a ...possible mechanism for police misconduct, but few studies have analyzed the precise network relationships that serve as the conduit for a misconduct response. Using data on misconduct, officer injuries, and officer networks within the Chicago Police Department (CPD) between 2004 and 2015, this study examines the extent to which injuries officers receive from civilians might elicit a misconduct response from officers’ peers, and especially their direct network associates. Findings demonstrate that network ties to injured officers predict higher levels of subsequent misconduct, especially for officers with stronger ties to the injured officer. Furthermore, the effects of peer injury on subsequent misconduct are contingent on the race of the suspect involved: officers whose peers are injured are linked to more use of excessive force, as well as other types of misconduct, when the suspects involved are Black. These findings support our central hypothesis of a networked group threat response that links peer injuries to police misconduct.
In this comment, I respond to outgoing Editor Schumm's editorial. I share areas of agreement, describe areas of disagreement, and draw some conclusions regarding differences between deliberate ...scientific misconduct and bias.
CEO Awards and Financial Misconduct Li, Jiangyan; Shi, Wei; Connelly, Brian L. ...
Journal of management,
02/2022, Letnik:
48, Številka:
2
Journal Article
Recenzirano
We propose that CEOs are more likely to engage in financial misconduct after the media names them as being among the best business leaders. We theorize this occurs because winning such an award is a ...meaningful event that increases the CEO’s self-worth but also increases the CEO’s sense of psychological entitlement, including the freedom to break rules. We test our ideas by examining scenarios where award-winning CEOs feel especially entitled and therefore are most likely to commit misconduct. Using a sample of award-winning CEOs from Chinese publicly listed firms, we find that award-winning CEOs are more likely to commit financial misconduct in the post-award period than in the pre-award period. In addition, the effect of winning a CEO award on financial misconduct is stronger when CEOs are underpaid or from industries in which awards are rare and therefore more special. We also validate aspects of our theory that are difficult to observe. First, we use bivariate probit models with partial observability to confirm that our results hold when accounting for unobserved misconduct. Second, we use survey data that capture the psychological entitlement of a subsample of CEOs to confirm the mediating effect of psychological entitlement on the relationship between winning an award and committing financial misconduct.
Scientific misconducts: paper mills in Peru Mayta-Tristán, Percy; Borja-García, Ruben
Revista peruana de medicina experimental y salud pública,
2022 Oct-Dec, 20221001, Letnik:
39, Številka:
4
Journal Article
ABSTRACT
I study whether firms that receive targeted U.S. state‐level subsidies are more likely to subsequently engage in corporate misconduct. I find that firms are more likely to engage in ...misconduct in subsidizing states, but not in other states that they operate in, after receiving state subsidies. Using data on both federal and state enforcement actions, and exploiting the legal principle of dual sovereignty for identification, I show that this finding reflects an increase in the underlying rate of misconduct and that this increase is attributable to lenient state‐level misconduct enforcement. Collectively, my findings present evidence of an important consequence of targeted firm‐specific subsidies: nonfinancial misconduct that potentially could impact the very stakeholders subsidies are ostensibly intended to benefit.
Retractions are a key proxy for recognizing errors in research and publication and for reconciling misconduct in the scientific literature. The underlying factors associated with retractions can ...provide insight and guide policy for journal editors and authors within a discipline. The goal of this study was to systematically review and analyze retracted articles in veterinary medicine and animal health. A database search for retractions of articles with a veterinary/animal health topic, in a veterinary journal, or by veterinary institution-affiliated authors was conducted from first available records through February 2019 in MEDLINE/PubMed, Web of Science, Scopus, Retraction Watch, and Google Scholar. Annual frequency of retractions, journal and article characteristics, author affiliation and country, reasons for retraction, and retraction outcomes were recorded.
Two-hundred-forty-two articles retracted between 1993 and 2019 were included in the study. Over this period, the estimated rate of retraction increased from 0.03/1000 to 1.07/1000 veterinary articles. Median time from publication to retraction was 478 days (range 0-3653 days). Retracted articles were published in 30 (12.3%) veterinary journals and 132 (81.5%) nonveterinary journals. Veterinary journals had disproportionately more retractions than nonveterinary journals (P = .0155). Authors/groups with ≥2 retractions accounted for 37.2% of retractions. Authors from Iran and China published 19.4 and 18.2% of retracted articles respectively. Authors were affiliated with a faculty of veterinary medicine in 59.1% of retracted articles. Of 242 retractions, 204 (84.3%) were research articles, of which 6.4% were veterinary clinical research. Publication misconduct (plagiarism, duplicate publication, compromised peer review) accounted for 75.6% of retractions, compared with errors (20.6%) and research misconduct (18.2%). Journals published by societies/institutions were less likely than those from commercial publishers to indicate a reason for retraction. Thirty-one percent of HTML articles and 14% of PDFs were available online but not marked as retracted.
The rate of retraction in the field of veterinary and animal health has increased by ~ 10-fold per 1000 articles since 1993, resulting primarily from increased publication misconduct, often by repeat offenders. Veterinary journals and society/institutional journals could benefit from improvement in the quality of retraction notices.
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