Zero Tolerance, Naming and Shaming: Is There a Case for it with Crimes of the Powerful?

33 Pages Posted: 20 Nov 2002

See all articles by John Braithwaite

John Braithwaite

School of Regulation & Global Governance (RegNet)

Peter Drahos

Australian National University (ANU) - Research School of Social Sciences (RSSS); Queen Mary University of London, School of Law; School of Regulation & Global Governance (RegNet)

Abstract

Zero tolerance and public shaming are increasingly advocated for both crimes of the powerless and crimes of the powerful. In this essay we argue against zero tolerance with respect to both kinds of crime. However, we defend naming and shaming with respect to crimes of the powerful. Part I of the paper begins from the assumption that both zero tolerance and naming and shaming are policies that do not merit serious consideration with crimes of the powerless. It then goes on to consider harder questions: first whether zero tolerance and then naming and shaming have a place with crimes of the powerful. Drug abuse is used in Part II as a case study to explore these distinctions. It will be contended that zero tolerance is a prescription for increasing drug abuse, but that naming and shaming is essential to the prevention of drug abuse. This conclusion is reached by viewing the drug problem differently from conventional criminological analyses in a radically reconfigured context as a corporate crime and organizational regulation problem.

Keywords: zero tolerance, naming, shaming, Politics of Crime, drug abuse, corporate crime, organizational regulation

Suggested Citation

Braithwaite, John and Drahos, Peter, Zero Tolerance, Naming and Shaming: Is There a Case for it with Crimes of the Powerful?. Available at SSRN: https://ssrn.com/abstract=330443 or http://dx.doi.org/10.2139/ssrn.330443

John Braithwaite (Contact Author)

School of Regulation & Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 0200
Australia

Peter Drahos

Australian National University (ANU) - Research School of Social Sciences (RSSS) ( email )

Canberra, Australian Capital Territory 0200
Australia

Queen Mary University of London, School of Law

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

School of Regulation & Global Governance (RegNet) ( email )

Canberra, Australian Capital Territory 0200
Australia

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