Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. ...
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This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.Less
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0004
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This much-publicized trial took place in 1979 in Fort Worth, Texas. A millionaire oil equipment producer was accused of soliciting the murder of his ex-wife and the judge in his divorce proceedings. ...
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This much-publicized trial took place in 1979 in Fort Worth, Texas. A millionaire oil equipment producer was accused of soliciting the murder of his ex-wife and the judge in his divorce proceedings. Tape recordings of his conversations with an employee, who was working undercover with law enforcement, were the main evidence used against Davis. The contextualized linguistic analysis of these tapes helped lead to his acquittal.Less
This much-publicized trial took place in 1979 in Fort Worth, Texas. A millionaire oil equipment producer was accused of soliciting the murder of his ex-wife and the judge in his divorce proceedings. Tape recordings of his conversations with an employee, who was working undercover with law enforcement, were the main evidence used against Davis. The contextualized linguistic analysis of these tapes helped lead to his acquittal.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0014
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This case is set in the cross-culture milieu of Scotland, where many Muslim families now live. Fearing that his daughter would disgrace the family by marrying outside of the Muslim cultural ...
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This case is set in the cross-culture milieu of Scotland, where many Muslim families now live. Fearing that his daughter would disgrace the family by marrying outside of the Muslim cultural framework, Arshad expressed his frustration to a friend, who for an unknown reason told the police that Arshad was looking for a hit man to kill his daughter’s new husband. In the undercover conversations that followed, the policeman uses all of the conversational strategies of ambiguity, hit and run, interrupting, scripting, and refusing to take “No” for an answer.Less
This case is set in the cross-culture milieu of Scotland, where many Muslim families now live. Fearing that his daughter would disgrace the family by marrying outside of the Muslim cultural framework, Arshad expressed his frustration to a friend, who for an unknown reason told the police that Arshad was looking for a hit man to kill his daughter’s new husband. In the undercover conversations that followed, the policeman uses all of the conversational strategies of ambiguity, hit and run, interrupting, scripting, and refusing to take “No” for an answer.
Douglas Husak
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585038
- eISBN:
- 9780191723476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585038.003.0006
- Subject:
- Law, Philosophy of Law
This chapter shows that an offense is consummate if the conduct it proscribes causes harm on each occasion on which it is performed. The paradigm, ‘core’ examples of crimes in any jurisdiction, ...
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This chapter shows that an offense is consummate if the conduct it proscribes causes harm on each occasion on which it is performed. The paradigm, ‘core’ examples of crimes in any jurisdiction, satisfies this description. But some offenses proscribe conduct that does not cause harm on each occasion in which it is performed. Such offenses are called nonconsummate (or anticipatory or inchoate). Statutes that proscribe drug possession are examples of nonconsummate offenses. The chapter tries to make some headway in identifying the moral limits of the criminal law in creating and enforcing nonconsummate offenses.Less
This chapter shows that an offense is consummate if the conduct it proscribes causes harm on each occasion on which it is performed. The paradigm, ‘core’ examples of crimes in any jurisdiction, satisfies this description. But some offenses proscribe conduct that does not cause harm on each occasion in which it is performed. Such offenses are called nonconsummate (or anticipatory or inchoate). Statutes that proscribe drug possession are examples of nonconsummate offenses. The chapter tries to make some headway in identifying the moral limits of the criminal law in creating and enforcing nonconsummate offenses.
Adam Seth Levine
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691162966
- eISBN:
- 9781400852130
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691162966.003.0006
- Subject:
- Political Science, Public Policy
This chapter examines patterns of political participation more broadly across time and space. It directly compares people's likelihood of becoming active based on which political issues they consider ...
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This chapter examines patterns of political participation more broadly across time and space. It directly compares people's likelihood of becoming active based on which political issues they consider most important. The data for this analysis are drawn from the American National Election Study data from the past three decades. The chapter asks: If we look back over the past thirty years, have the people who consider insecurity issues to be most important also been less likely to spend resources on politics than those who consider other issues to be most important? Have they been less likely to donate money to political organizations? And, if they are in the labor force, have they been less likely to volunteer as well? Moreover, do these differences remain even after we take into account other differences between the types of people who prioritize economic insecurity issues versus those who consider other issues to be most important?Less
This chapter examines patterns of political participation more broadly across time and space. It directly compares people's likelihood of becoming active based on which political issues they consider most important. The data for this analysis are drawn from the American National Election Study data from the past three decades. The chapter asks: If we look back over the past thirty years, have the people who consider insecurity issues to be most important also been less likely to spend resources on politics than those who consider other issues to be most important? Have they been less likely to donate money to political organizations? And, if they are in the labor force, have they been less likely to volunteer as well? Moreover, do these differences remain even after we take into account other differences between the types of people who prioritize economic insecurity issues versus those who consider other issues to be most important?
Richard L. Abel
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199760374
- eISBN:
- 9780199827077
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199760374.003.0002
- Subject:
- Law, Legal Profession and Ethics
This chapter begins by presenting cases showing that solicitation is widespread and open. Lawyers learn it from mentors and peers, as well as the cappers themselves (who often use ethnic identity to ...
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This chapter begins by presenting cases showing that solicitation is widespread and open. Lawyers learn it from mentors and peers, as well as the cappers themselves (who often use ethnic identity to attract minority clients). Many cappers initiate and dominate the scheme, doing everything except litigate. Lawyers seek to disguise cappers as independent contractors and “investigators”, in order to preserve deniability. The arrangement is highly profitable to both sides. The chapter presents an unusually inventive method for connecting automobile injury victims with lawyers and doctors.Less
This chapter begins by presenting cases showing that solicitation is widespread and open. Lawyers learn it from mentors and peers, as well as the cappers themselves (who often use ethnic identity to attract minority clients). Many cappers initiate and dominate the scheme, doing everything except litigate. Lawyers seek to disguise cappers as independent contractors and “investigators”, in order to preserve deniability. The arrangement is highly profitable to both sides. The chapter presents an unusually inventive method for connecting automobile injury victims with lawyers and doctors.
Beth Breeze
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781447325000
- eISBN:
- 9781447325314
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447325000.001.0001
- Subject:
- Economics and Finance, Behavioural Economics
This book is the first academic study of the profession of fundraising in the UK. Fundraising is an essential yet largely invisible career, despite its growing importance during a period of extensive ...
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This book is the first academic study of the profession of fundraising in the UK. Fundraising is an essential yet largely invisible career, despite its growing importance during a period of extensive public spending cuts and growing reliance on charities. There is a growing body of work focused on donors, such that the identity and motivation of those who provide resources are increasingly understood. Yet little is known about the motivation and characteristics of those who ask for voluntary support, despite almost every donation being solicited. As it is not possible to understand charitable giving without accounting for the role of fundraising, this book provides the first empirically-grounded and theorised account of the identity, characteristics and motivation of fundraisers in the UK. Based on original data collected during a 3-year study of over 1,200 fundraisers, the book describes the complexity and subtlety of their everyday practices and makes an argument that the ‘new fundraisers’ have recently emerged in a necessarily complementary relationship with the far more widely discussed phenomenon of the ‘new philanthropists’. As well as a corrective to the lack of meaningful academic interest in this subject, this book is also a response to the growing hostility to fundraising in both the public and political spheres. It provides a better understanding of this important aspect of social life, and challenges the illogical position whereby charities are widely admired, but the people who keep them in business are not.Less
This book is the first academic study of the profession of fundraising in the UK. Fundraising is an essential yet largely invisible career, despite its growing importance during a period of extensive public spending cuts and growing reliance on charities. There is a growing body of work focused on donors, such that the identity and motivation of those who provide resources are increasingly understood. Yet little is known about the motivation and characteristics of those who ask for voluntary support, despite almost every donation being solicited. As it is not possible to understand charitable giving without accounting for the role of fundraising, this book provides the first empirically-grounded and theorised account of the identity, characteristics and motivation of fundraisers in the UK. Based on original data collected during a 3-year study of over 1,200 fundraisers, the book describes the complexity and subtlety of their everyday practices and makes an argument that the ‘new fundraisers’ have recently emerged in a necessarily complementary relationship with the far more widely discussed phenomenon of the ‘new philanthropists’. As well as a corrective to the lack of meaningful academic interest in this subject, this book is also a response to the growing hostility to fundraising in both the public and political spheres. It provides a better understanding of this important aspect of social life, and challenges the illogical position whereby charities are widely admired, but the people who keep them in business are not.
Gideon Yaffe
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199590667
- eISBN:
- 9780191595530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199590667.003.0008
- Subject:
- Philosophy, Moral Philosophy, General
The crime of asking another to commit a crime—solicitation—is punished less than attempt. But are solicitations, themselves, attempts to commit the crimes solicited? When the defendant asks an ...
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The crime of asking another to commit a crime—solicitation—is punished less than attempt. But are solicitations, themselves, attempts to commit the crimes solicited? When the defendant asks an undercover detective to commit murder, has the defendant attempted murder? This chapter argues that whether a solicitor has the intention needed for an attempt turns on the nature of the completed crime. A solicitor does not attempt if completion would require the solicited party to perform an act, since the solicitor lacks an intention to perform that act. However, if completion only requires the solicited party to cause a result, then the solicitor may attempt since he intends that the result comes to pass. Defense of this position requires discussion of the “voluntary intervention principle”, according to which a party does not cause a result when he causes another to voluntarily bring it about.Less
The crime of asking another to commit a crime—solicitation—is punished less than attempt. But are solicitations, themselves, attempts to commit the crimes solicited? When the defendant asks an undercover detective to commit murder, has the defendant attempted murder? This chapter argues that whether a solicitor has the intention needed for an attempt turns on the nature of the completed crime. A solicitor does not attempt if completion would require the solicited party to perform an act, since the solicitor lacks an intention to perform that act. However, if completion only requires the solicited party to cause a result, then the solicitor may attempt since he intends that the result comes to pass. Defense of this position requires discussion of the “voluntary intervention principle”, according to which a party does not cause a result when he causes another to voluntarily bring it about.
Roger W. Shuy
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199926961
- eISBN:
- 9780199980505
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199926961.003.0026
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter studies the case of an Olympic athlete who was arrested for soliciting prostitution by a plainclothes undercover vice squad officer, who had posed as a prostitute. It first examines the ...
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This chapter studies the case of an Olympic athlete who was arrested for soliciting prostitution by a plainclothes undercover vice squad officer, who had posed as a prostitute. It first examines the police report, which relates the conversation between the athlete and the officer. It then takes a look at the prosecution's and defendant's transcription of the recording of the conversation. It notes that both the prosecution and the defense heard the athlete say very different things, and then uses phonetics in order to determine what the athlete actually said. It then identifies the three inferences made by the police and nonverbal communication that eventually played an important role in the case.Less
This chapter studies the case of an Olympic athlete who was arrested for soliciting prostitution by a plainclothes undercover vice squad officer, who had posed as a prostitute. It first examines the police report, which relates the conversation between the athlete and the officer. It then takes a look at the prosecution's and defendant's transcription of the recording of the conversation. It notes that both the prosecution and the defense heard the athlete say very different things, and then uses phonetics in order to determine what the athlete actually said. It then identifies the three inferences made by the police and nonverbal communication that eventually played an important role in the case.
Adam Zachary Newton
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780823263516
- eISBN:
- 9780823266470
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823263516.003.0004
- Subject:
- Religion, Judaism
Chapter 2 begins with a fuller explanation of the rabbinic underpinnings of tum’at yadayim, and ends, contrapuntally, with Said’s reading of Conrad’s Nostromo from Beginnings: Intention and Method ...
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Chapter 2 begins with a fuller explanation of the rabbinic underpinnings of tum’at yadayim, and ends, contrapuntally, with Said’s reading of Conrad’s Nostromo from Beginnings: Intention and Method (1975) in dialogue with Levinas’s Talmudic reading “Promised Land of Permitted Land” from 1965. Art and ethical adventure, the difficult and the holy, are traced in suspended dialectic, such that each becomes the other’s uncanny neighbor. The sacred and secular, much like the “rub” between tradition and modernity that gives many of the authors and their writings discussed in this book their kinetic friction, become mobilized as partners in conversations rather than fixed at diametric poles. The coupling of Saidian and Levinasian critical consciousnesses, improbable as it may at first appear, obeys a similar logic.Less
Chapter 2 begins with a fuller explanation of the rabbinic underpinnings of tum’at yadayim, and ends, contrapuntally, with Said’s reading of Conrad’s Nostromo from Beginnings: Intention and Method (1975) in dialogue with Levinas’s Talmudic reading “Promised Land of Permitted Land” from 1965. Art and ethical adventure, the difficult and the holy, are traced in suspended dialectic, such that each becomes the other’s uncanny neighbor. The sacred and secular, much like the “rub” between tradition and modernity that gives many of the authors and their writings discussed in this book their kinetic friction, become mobilized as partners in conversations rather than fixed at diametric poles. The coupling of Saidian and Levinasian critical consciousnesses, improbable as it may at first appear, obeys a similar logic.
Jacqueline J. L. Chin
- Published in print:
- 2014
- Published Online:
- January 2014
- ISBN:
- 9780199682676
- eISBN:
- 9780191763168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199682676.003.0064
- Subject:
- Philosophy, Moral Philosophy
This essay takes up suggestions by David Steinberg for closer ethical scrutiny of the complex idea of altruism in contemporary medicine. As Steinberg observes, altruism is debated in a wide range of ...
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This essay takes up suggestions by David Steinberg for closer ethical scrutiny of the complex idea of altruism in contemporary medicine. As Steinberg observes, altruism is debated in a wide range of medical contexts, including voluntary participation of healthy persons in clinical trials; donation of blood, organs, stem cells, gametes and genetic materials; and medical professionalism in the care of patients. It is defined by many issues and is in many instances not an unmitigated good. This essay explores possibilities for altruistic medicine by presenting a case study in the challenging arena of transplant tourism. The ethics of cross-border transplantation combines the problems of globalization, commercialization, and the increasing bodily invasion that is entailed by modern medicine. Along with the enduring question of altruism in medicine, these can be expected to remain live issues in the next fifty years.Less
This essay takes up suggestions by David Steinberg for closer ethical scrutiny of the complex idea of altruism in contemporary medicine. As Steinberg observes, altruism is debated in a wide range of medical contexts, including voluntary participation of healthy persons in clinical trials; donation of blood, organs, stem cells, gametes and genetic materials; and medical professionalism in the care of patients. It is defined by many issues and is in many instances not an unmitigated good. This essay explores possibilities for altruistic medicine by presenting a case study in the challenging arena of transplant tourism. The ethics of cross-border transplantation combines the problems of globalization, commercialization, and the increasing bodily invasion that is entailed by modern medicine. Along with the enduring question of altruism in medicine, these can be expected to remain live issues in the next fifty years.
Roger W. Shuy
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199945139
- eISBN:
- 9780199345922
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199945139.003.0002
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
After providing a semantic history of the word, “bribe” this chapter briefly traces how the definition of bribery developed from the U.S. Constitution through statutory developments in the twentieth ...
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After providing a semantic history of the word, “bribe” this chapter briefly traces how the definition of bribery developed from the U.S. Constitution through statutory developments in the twentieth century, including evolving ideas about what constitutes entrapment and the related conditions of “inducement,” “solicitation,” and “predisposition.” Since certain legal activities, such as lobbying, have the outward appearance of bribery, a distinction is made here. Because “conspiracy” brings with it heightened penalties, its meaning is also outlined. Evidence in bribery cases is usually audio or videotaped language that is suitable for linguistic analysis. The remainder of the chapter describes the FBI’s efforts to capture bribery in progress over the past three decades.Less
After providing a semantic history of the word, “bribe” this chapter briefly traces how the definition of bribery developed from the U.S. Constitution through statutory developments in the twentieth century, including evolving ideas about what constitutes entrapment and the related conditions of “inducement,” “solicitation,” and “predisposition.” Since certain legal activities, such as lobbying, have the outward appearance of bribery, a distinction is made here. Because “conspiracy” brings with it heightened penalties, its meaning is also outlined. Evidence in bribery cases is usually audio or videotaped language that is suitable for linguistic analysis. The remainder of the chapter describes the FBI’s efforts to capture bribery in progress over the past three decades.
Markus D. Dubber
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780190243043
- eISBN:
- 9780190243081
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190243043.003.0002
- Subject:
- Law, Criminal Law and Criminology
This chapter discusses the Model Penal Code’s provisions on the prerequisites of criminal liability, including actus reus, mens rea, omission (direct and indirect), possession (simple and compound), ...
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This chapter discusses the Model Penal Code’s provisions on the prerequisites of criminal liability, including actus reus, mens rea, omission (direct and indirect), possession (simple and compound), intoxication (voluntary and involuntary), mistake, complicity (instruments and accessorial liability), causation (but-for and legal or proximate causation), and corporate criminal liability. Inchoate offenses (attempt, conspiracy, solicitation, facilitation, and the defense of renunciation or abandonment), the de minimis defense, and protected interests (individual and public interests) are also considered. Coverage of actus reus includes the act requirement and the voluntariness requirement. Coverage of mens rea includes element types, the mens rea requirement, rules of interpretation (one-for-all, default, strict liability for violations), and modes of culpability (purpose, knowledge, recklessness, negligence, willfulness, intent, scienter).Less
This chapter discusses the Model Penal Code’s provisions on the prerequisites of criminal liability, including actus reus, mens rea, omission (direct and indirect), possession (simple and compound), intoxication (voluntary and involuntary), mistake, complicity (instruments and accessorial liability), causation (but-for and legal or proximate causation), and corporate criminal liability. Inchoate offenses (attempt, conspiracy, solicitation, facilitation, and the defense of renunciation or abandonment), the de minimis defense, and protected interests (individual and public interests) are also considered. Coverage of actus reus includes the act requirement and the voluntariness requirement. Coverage of mens rea includes element types, the mens rea requirement, rules of interpretation (one-for-all, default, strict liability for violations), and modes of culpability (purpose, knowledge, recklessness, negligence, willfulness, intent, scienter).
Hubert L. Dreyfus
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780199654703
- eISBN:
- 9780191784224
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199654703.003.0013
- Subject:
- Philosophy, Philosophy of Mind, History of Philosophy
This chapter develops the ontological implications of the fundamental nature of fluid coping for our engagement with the world. For the user, equipment is a solicitation to act, not an entity with a ...
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This chapter develops the ontological implications of the fundamental nature of fluid coping for our engagement with the world. For the user, equipment is a solicitation to act, not an entity with a function feature. These solicitations make up the situation on the basis of which we sometimes step back from our involved engagement with the world and disclose entities. Human understanding thus involves an “intentional arc,” a feedback loop in which our actions and projections are drawn out of us by the meaningful features of the world and, in turn, alter the way the world shows up as soliciting us. The phenomenology of skillful coping coheres well Walter Freeman’s account of the brain as a nonlinear dynamical system.Less
This chapter develops the ontological implications of the fundamental nature of fluid coping for our engagement with the world. For the user, equipment is a solicitation to act, not an entity with a function feature. These solicitations make up the situation on the basis of which we sometimes step back from our involved engagement with the world and disclose entities. Human understanding thus involves an “intentional arc,” a feedback loop in which our actions and projections are drawn out of us by the meaningful features of the world and, in turn, alter the way the world shows up as soliciting us. The phenomenology of skillful coping coheres well Walter Freeman’s account of the brain as a nonlinear dynamical system.
Christine N. Kieffer and Gary R. Mottola
- Published in print:
- 2017
- Published Online:
- November 2017
- ISBN:
- 9780198808039
- eISBN:
- 9780191847165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808039.003.0010
- Subject:
- Business and Management, Pensions and Pension Management, Finance, Accounting, and Banking
Investment fraud is a significant problem in America. Many Baby Boomers are entering retirement with significant assets, and enforcement actions by financial regulators indicate that investors can be ...
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Investment fraud is a significant problem in America. Many Baby Boomers are entering retirement with significant assets, and enforcement actions by financial regulators indicate that investors can be vulnerable to fraud at key ‘wealth events’ in their lives, such as when they face a decision about what to do with money arising from the sale of a house, an inheritance, or an IRA rollover. Protecting these assets—for Baby Boomers and younger generations who face key wealth events—will be important to ensure the financial well-being and retirement security of millions of Americans. This chapter reviews the prevalence and impact of financial and investment fraud, explores the value of using demographic characteristics, psychographic characteristics, and the number of times an individual is targeted for fraud to predict investment fraud victimization, explains how fraudsters use social influence tactics to defraud their victims, and describes current investor protection efforts.Less
Investment fraud is a significant problem in America. Many Baby Boomers are entering retirement with significant assets, and enforcement actions by financial regulators indicate that investors can be vulnerable to fraud at key ‘wealth events’ in their lives, such as when they face a decision about what to do with money arising from the sale of a house, an inheritance, or an IRA rollover. Protecting these assets—for Baby Boomers and younger generations who face key wealth events—will be important to ensure the financial well-being and retirement security of millions of Americans. This chapter reviews the prevalence and impact of financial and investment fraud, explores the value of using demographic characteristics, psychographic characteristics, and the number of times an individual is targeted for fraud to predict investment fraud victimization, explains how fraudsters use social influence tactics to defraud their victims, and describes current investor protection efforts.
Roger W. Shuy
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199354832
- eISBN:
- 9780199398454
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199354832.003.0005
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter briefly reviews the research on intentionality and predisposition, reprising how difficult it is for statutes and dictionaries to come up with comprehensive definitions, especially in ...
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This chapter briefly reviews the research on intentionality and predisposition, reprising how difficult it is for statutes and dictionaries to come up with comprehensive definitions, especially in cases in which the police try to prevent a murder from taking place by covertly recording a suspect before the killing can take place. Three solicitation to murder cases are described, showing how linguistic analysis of the type and sequence described in chapter 3 was used to demonstrate how the suspects’ covertly recorded conversations with undercover agents cast serious doubts on the prosecution’s attempts to convict them. The three cases were Texas v. T. Cullen Davis in Ft. Worth, Texas, The Crown v. Mohammed Arshad in Dundee, Scotland, and Washington v. Michael Mockovac in Seattle, Washington.Less
This chapter briefly reviews the research on intentionality and predisposition, reprising how difficult it is for statutes and dictionaries to come up with comprehensive definitions, especially in cases in which the police try to prevent a murder from taking place by covertly recording a suspect before the killing can take place. Three solicitation to murder cases are described, showing how linguistic analysis of the type and sequence described in chapter 3 was used to demonstrate how the suspects’ covertly recorded conversations with undercover agents cast serious doubts on the prosecution’s attempts to convict them. The three cases were Texas v. T. Cullen Davis in Ft. Worth, Texas, The Crown v. Mohammed Arshad in Dundee, Scotland, and Washington v. Michael Mockovac in Seattle, Washington.
Kent Greenawalt
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780199756162
- eISBN:
- 9780190608897
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756162.003.0017
- Subject:
- Political Science, Political Theory
“A Vice of Its Virtues” explores certain problems with attempts to codify broad bases for authoritative punishment and for justifying actions. The essay focuses on the Model Penal Code. The three ...
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“A Vice of Its Virtues” explores certain problems with attempts to codify broad bases for authoritative punishment and for justifying actions. The essay focuses on the Model Penal Code. The three specific topics addressed are the right not to retreat, general justifications, and dangerous utterances. Using a few examples that appear to be covered by the Code’s language, the essay suggests that the treatment that would entail is misguided. Codifying these subjects may be desirable, and it is probably impossible to dictate the correct outcome for all conceivable situations. Nonetheless, it is helpful to be aware of these risks, and to consider the possibilities of further development of some of a criminal code’s more general provisions.Less
“A Vice of Its Virtues” explores certain problems with attempts to codify broad bases for authoritative punishment and for justifying actions. The essay focuses on the Model Penal Code. The three specific topics addressed are the right not to retreat, general justifications, and dangerous utterances. Using a few examples that appear to be covered by the Code’s language, the essay suggests that the treatment that would entail is misguided. Codifying these subjects may be desirable, and it is probably impossible to dictate the correct outcome for all conceivable situations. Nonetheless, it is helpful to be aware of these risks, and to consider the possibilities of further development of some of a criminal code’s more general provisions.
Guyora Binder
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780195321203
- eISBN:
- 9780190621049
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195321203.003.0008
- Subject:
- Law, Criminal Law and Criminology
This chapter examines doctrines attributing liability to an actor who has not fulfilled all the objective elements of an offense. Doctrines imposing anticipatory liability for trying to commit crimes ...
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This chapter examines doctrines attributing liability to an actor who has not fulfilled all the objective elements of an offense. Doctrines imposing anticipatory liability for trying to commit crimes include the inchoate offenses of attempt, solicitation, and conspiracy to commit some other offense. Doctrines imposing participatory liability for helping or encouraging others to commit crimes include complicity and liability as a co-conspirator, perpetrator-by-means, or supervisor. Most of these doctrines require actors liable under them to have at least as much culpability as is required for the commission of the offense. These doctrines are all relatively modern. For some of these doctrines the conduct required has diminished over time. The rise and expansion of these doctrines illustrates the general movement of American criminal law toward more subjective standards of liability.Less
This chapter examines doctrines attributing liability to an actor who has not fulfilled all the objective elements of an offense. Doctrines imposing anticipatory liability for trying to commit crimes include the inchoate offenses of attempt, solicitation, and conspiracy to commit some other offense. Doctrines imposing participatory liability for helping or encouraging others to commit crimes include complicity and liability as a co-conspirator, perpetrator-by-means, or supervisor. Most of these doctrines require actors liable under them to have at least as much culpability as is required for the commission of the offense. These doctrines are all relatively modern. For some of these doctrines the conduct required has diminished over time. The rise and expansion of these doctrines illustrates the general movement of American criminal law toward more subjective standards of liability.
