Kriminalpräventive Maßnahmen zur Bekämpfung von Fehlverhalten im Gesundheitswesen

2021 ◽  
Author(s):  
Angelika Reinelt-Broll

This study deals for the first time with evaluation questions in connection with the activities of the control units in accordance with § 197a SGB V, because the phenomenon of Healthcare-fraud as well as the demand for evidence-based crime prevention is increasingly becoming part of the public discourse. On the basis of a statistical analysis of activity reports from three reporting periods and a written questionnaire, the study shows the necessity of the activities of the control units regarding the fight against white-collar crime in the health sector and at the same time describes various factors increasing their effectiveness on an organisational and procedural level.

2017 ◽  
Vol 42 (3) ◽  
pp. 367-379
Author(s):  
Kenneth R. Culton ◽  
José A. Muñoz

We present a reflexive paper assignment calling for students to report on their own family and/or personal experiences in order to answer the question, “From where does the greatest harm arise?” We find that, through the process of answering this question and sharing findings in class, students’ conception of criminality is broadened. Institutional forms of deviance and white-collar crime come to be understood as the real commonplace sources of harm while street crime is seen to be less common than typically imagined. The book The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice by Reiman and Leighton informs this assignment. The authors make the case that the criminal justice system presents to us a carnival mirror-like image of what causes the greatest harm to the society. The criminal justice system, through its policies and procedures, leads the public to conceive of only a narrow and distorted depiction of criminality. The typical crime is thought to be person to person, violent, and carried out by the typical criminal, who is assumed to be black, young, and urban. In opposition to this carnival mirror view, Reiman and Leighton explain that certain institutions cause immensely more harm than that caused by street criminality.


2019 ◽  
Vol 6 ◽  
pp. 233339281984178
Author(s):  
James Studnicki

Roe V. Wade (1973) placed the concept of medical necessity at the center of the public discourse on abortion. Nearly a half century later, 2 laws dealing with late-term abortion, 1 passed in New York and 1 set aside in Virginia, are an indication that the medical necessity argument regarding abortion has been rendered irrelevant. More importantly for this discussion, these laws are an indication of the failure of the US scientific and medical communities to inform this consequential topic with transparency, logical coherence, and evidence-based objectivity.


2014 ◽  
Vol 13 (01) ◽  
pp. 1450001
Author(s):  
Petter Gottschalk

The white-collar crime attorney is a lawyer who is competent in general legal principles and in the substantive and procedural aspects of the law related to upper-class financial crime. Based on a sample of 310 convicted white-collar criminals and their defence lawyers, this paper presents results from statistical analysis of relationships between crime characteristics and defence characteristics to predict lawyer fame. Statistical regression analysis was applied to the sample, where amount of crime money and years in prison represent crime characteristics, while number of client cases and lawyer income represent defence characteristics. About 91% of the variation in attorney fame is explained by these four independent variables.


1996 ◽  
Vol 25 (4) ◽  
pp. 557-586 ◽  
Author(s):  
John Flowerdew

ABSTRACTThis article documents discursive and social change currently taking place in contemporary Hong Kong during the transitional period leading up to the change of sovereignty from Britain to China. It does so by means of a detailed analysis of a political meeting, involving the British Hong Kong governor, Chris Patten, and members of the Hong Kong public. The meeting took place in October, 1992, a day after Patten introduced proposals to widen the democratic franchise. Patten used the meeting, the first time a Hong Kong governor had made himself openly accountable to the public at large, to demonstrate the sort of democratic discourse for which the reform proposals were designed to create a framework.The analysis focuses on two main ways Patten highlighted the democratic nature of the discourse: the use of mise en abyme, or a “play within a play” structure, and the downplaying of overt markers of hierarchy and power asymmetry. Although Patten's aim was to demonstrate openness and accountability, his ultimate control of the discourse belied the democratic agenda he ostensibly promoted. The analysis consequently also focuses on the manipulative dimension of Patten's discourse. The conclusion considers to what extent the meeting might mark a real shift to a more democratic order of public discourse in Hong Kong. (Discourse analysis, power and language, social change, indexicals, involvement, manipulative discourse, mise en abyme, order of discourse, political discourse, turn-taking).


1977 ◽  
Vol 23 (3) ◽  
pp. 290-303 ◽  
Author(s):  
John C. Watkins

Recent literature on the control of white-collar crime has often glossed over the sociolegal effect of the attitudes held by persons charged with the responsibility of determining criminal guilt. In many cases, the factually guilty white-collar offender is not regarded by trial jurors as an offender. Contemporary legal sanctions are utilized only in those cases in which the public senses a real threat to its collective security. The crime problem is seen essentially as consisting of violent interpersonal offenses; the criminal law, predictably, has reacted to this form of deviance with its commonplace sanctions. On the other hand, crimes subsumed under the white-collar heading are often only lightly sanctioned even when brought to the attention of prosecuting authorities. The reason for this state of affairs is largely a unidimensional theory of crime causation- that crimequa crime is a problem peculiar to the lower socio-economic strata of society. White-collar offenders, coming as they generally do from the more affluent sector, are not perceived as "criminals" in the classic sense by the triers of fact. The "received opinion" of most lay jurors militates against their using criminal sanctions for the white-collar offender. They perceive crime as directly associated with a societal stratum that does not include those individuals who commit the majority of white-collar offenses. Hence juries are reluctant to convict white-collar criminals even when the law has been clearly violated.


Author(s):  
Andreas Schneider

This research paper contributes to the literature of deterrence theory in general, and in particular with respect to white-collar crime, offering valuable inside by using a unique data set of fraud and violation of trust incidents for Paraguay. Descriptive evidence show a clear and continuous misallocation of funds and human capital, and therefore providing less efficient services for the public. Regression analysis suggests that clearance rate exerts a highly significant effect in deterring fraud but results are not clear for violation of trust incidents. Despite the limitations of available data, results confirm deterrence theory in Paraguay. However, to more than two-thirds of victims, not even the attempt was made to seek justice. As a side-result, it seems that a soft on crime strategy, induced from the former German penal code, has led to an increasing share of pre-trial diversion and therefore enhancing white-collar crimes like fraud and violation of trust due to impunity.


2018 ◽  
Vol 37 (2) ◽  
pp. 149-172
Author(s):  
Andrea Bini

This paper analyzes the work of actor/writer Marco Paolini, and his acclaimed monologue Il racconto del Vajont in particular. In the wake of Dario Fo and Franca Rame’s teatro civile, Paolini’s monolo­gues contributed to the birth of the so-called teatro di narrazione in the 1990s, which can also be defined as “theatre of trauma”, that is, a the­atre that recovers the memory of tragic events from the past. In recent times, trauma has become a central theme of Western narrative, poli­tics, and other forms of representation in the public sphere. Following the thought of philosophers such as Jean-François Lyotard and Slavoj Zižek, the article reads Paolini’s Il racconto del Vajont as a significant example of what writer Kyo Maclear calls “witness art.” Characterized by a crisis of the traditional models of representation in mainstream culture, witness art is conceived by Maclear in opposition to the tradi­tional divisions between art, knowledge, and the political instances of public discourse. Among Paolini’s many performances of Vaiont, the one performed at the same time and place where the tragedy took place 34 years before, and broadcasted live on RAI 2 in 1997, stands out for its uniqueness. That night, Paolini evoked the reenactment of a trau­matic experience by its witnesses, and, on a wider scale, by the audien­ce watching television at home. An almost forgotten tragedy became a media event, and for the first time trauma witnessing as such—and not as a means for a specific political claim—became part of the public discourse in the elaboration of post-1989 Italy.


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