Although the political obstacles for pluralists are less forbidding, they still require interest-group political activity and the mobilization of public opinion in order to achieve legislative ends. The solution to the white-collar crime problem from this perspective is achievable within the limits of contemporary society. It involves finding and implementing the measures or sanctions that will be effec- tive in crime control. Such measures are possible within the existing political- legal framework.
This volume cannot begin to resolve these basic questions of social and polit- ical theory that have divided scholars for decades, if not centuries. It should be clear, however, that the solution to the white-collar crime problem is linked to how these fundamental issues are settled. If anything, our awareness of white- coar crime, especially the crimes of the wealthy and powerful, should make us more sensitive to questions of power, privilege, and inequality. This was an ob- servation Donald J. Newman ( 1958) made over 35 years ago. It should also make us more sensitive to understanding the nature of crime, law, and criminal justice in a way that studying conventional crime alone cannot. Rethinking white-collar crime means addressing these basic questions about the nature of law and society.
The "nothing works" controversy stems from a 1974 report by Robert Martinson and his associates to the New York Governor's Special Committee on Criminal Offenders. They surveyed 231 correctional programs in operation between 1945 and 1967 that had previously been evaluated for their effectiveness. Their conclusion that very few of these rehabilitation programs had much effect in reducing recidivism was soon translated into "nothing works," even though they did not actually say this. These findings came at a time when the rehabilitation ideal was already being challenged, and advocates of cor- rectional programs were increasingly on the defensive. The Martinson Report fit into this changing policy climate, as the pendulum swung from liberal to conservative ideologies ( Walker, 1989: 202-204).
In the 1950s, Richardson-Merrell developed a drug, MER/29, which it believed would repress cholesterol. Prior to marketing, the pharmaceutical company made false statements to the FDA about its pre-market testing results, which showed adverse blood changes in rats and monkeys. Once marketed ( 1960-1962), users of MER/29 experienced alarming side effects, including the development of cataracts. Roginsky was one of these unsuspecting consumers. His civil suit netted $17,500 in compensatory damages (medical expenses for his cataracts) and $100,000 in punitive damages. Although the company's liability was established, Judge Friendly indicated that the potential of hundreds of plain- tiffs suing Richardson-Merrell could financially threaten the firm, and he probably limited the amount of the award in the Roginsky case because of this ( Stone, 1975: 55-56).
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Publication Information: Book Title: Rethinking White-Collar Crime. Contributors: Tony G. Poveda - author. Publisher: Praeger. Place of Publication: Westport, CT. Publication Year: 1994. Page Number: 154.
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