In Search of Donald Campbell

DOIhttp://doi.org/10.1111/1745-9133.12198
AuthorJohn Braithwaite
Date01 May 2016
Published date01 May 2016
POLICY ESSAY
CORPORATE CRIME DETERRENCE
In Search of Donald Campbell
Mix and Multimethods
John Braithwaite
Australian National University
Acomprehensive assessment of corporate crime deterrence is long overdue. Natalie
Schell-Busey,Sally Simpson, Melissa Rorie, and Mariel Alper (2016, this issue) have
been diligent and systematic with a tricky meta-analysis. Corporate crime scholars
will be surprised at how many useful studies they have discovered on the effectiveness of
corporate crime deterrence even if they have limits for most tests in the meta-analysis. In
a domain like business regulatory research, high-quality empirical studies by government
agencies around the world usually do not find their way into the academic literature.
It is an underestimated service of meta-analyses like this to organize and display that
data.
Within the considerable limitations of the systematic data available, the conclusions
reached by Schell-Busey et al. (2016) are credible. This policy essay will contend that they
become even more persuasive if criminologists think laterally about studies not included
that are arguably relevant to the inferences at issue. Donald Campbell shines as a light on
the hill guiding how such lateral moves might improve the science.
Increased regulatory inspections seem particularly important in driving strong
detection-driven deterrence in this meta-analysis. Mixing regulatory interventions—with
an enforcement quiver containing diverse arrows of deterrents and remedies—also works in
reducing corporate crime:
Our results suggest that regulatory policies that involve consistent inspections
and include a cooperative or educational component aimed at the industry may
have a substantial impact on corporate offending. However,a mixture of agency
interventions will likely have the biggest impact on broadly defined corporate
The author is thankful for comments on the essay by Ian Ayres, Peter Grabosky, Neil Gunningham, and Hai
Wu. Direct correspondence to John Braithwaite, Regulatory Institutions Network, Australian National
University, Fellows Rd, ACT 2601 Australia (e-mail: John.Braithwaite@anu.edu.au).
DOI:10.1111/1745-9133.12198 C2016 American Society of Criminology 417
Criminology & Public Policy rVolume 15 rIssue 2
Policy Essay Corporate Crime Deterrence
crime. . . . Single treatment strategies . . . have minimal-to-no deterrent impact
at the individual and company levels. However, studies examining multiple
treatments produce a significant deterrent effect on individual- and corporate-
level offending. . . . Based on our results, we determine that a mixture of agency
interventions is apt to have the biggest impact. (Schell-Busey et al., 2016)
What kind of mixture and exactly how to combine punishment and persuasion are
questions put on the research agenda by this finding.
Being a Criminologist Can Be a Bad Thing
One mundane, seemingly uncontroversial, conclusion is that more “consistent measures of
corporate crime” are needed: “Simpson and Yeager (2015: 12) observed that the first step
toward solving these problems is to have a sensible, commonly understood, and culturally
shared definition of the phenomenon” (Schell-Busey et al., 2016). Is this really sage advice?
I doubt even Schell-Busey et al. (2016) think so, as evidenced by their useful discussion of
how their conclusions about the efficacy of regulatory inspection are affirmed by studies
beyond their meta-analysis that support an association between inspection and reduced
injury or accident rates (definitely not measures of “corporate crime” even though these
studies sometimes show convergent validity in correlations between compliance rates and
injury rates).
In “normal” criminologies of homicide or armed robbery, for example, what interests
the policy maker and the criminologist are reduction in, or explanation of, the incidence
of homicide or robbery. With environmental crime, in contrast, the interest of both policy
makers and criminologists is in improving compliance with environmental laws as a means
to reduced environmental degradation. Policy makers are not as interested in compliance
with occupational health and safety laws for their own sake as they are in lower levels of
workplace death, disease, and injury. Policy makers and scholars alike are less interested
in law enforcement that reduces the incidence of subprime mortgage fraud than in law
enforcement that succeeds in preventing such abuses from cascading to a global financial
crisis.
Corporate crime is an important subfield of criminology in that it can be shown
that the corporate crimes of even one industry can cause greater losses of lives and
property than all kinds of common crime combined (Dukes, Braithwaite, and Maloney,
2014). That is without even considering the health impacts of mass unemployment after
financial crises that corporate crimes might help induce. Yet corporate crime is a method-
ologically deviant subfield. Corporate criminologists can reasonably be methodologically
focused on outcomes like saving the planet from greenhouse gases, preventing the next
global financial crisis, and saving lives from hazardous products more than on reducing
corporate crime. The paradox is that we need more corporate criminologists, but we need
418 Criminology & Public Policy

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