Journal article
Punishment In Practice
Journal of conflict management, Vol.8(2), pp.42-73
2023
Abstract
Ethical breaches committed by professionals, often arising out of conflicts with clients or other professionals, are an important problem. In this study, I examine breaches committed in one of the oldest and most-regulated professions, law, across three states. As the first large-scale quantitative study of the punishment of professional ethical breaches, this study yields information about the targets and intentionality of breaches, the demographics and conduct of the professionals who commit breaches, and how these factors combine in determining punishment. This study shows several potential disconnects between how decision-makers say they will resolve these conflicts through punishment, and how they actually punish. I show that, contrary to punishment theory, neither the target nor the intentionality of the offense mattered in determining punishment. I show that neither prior good acts, nor a record of prior offenses, mattered. I show that offenders impaired by mental health issues or substance abuse commit different types of offenses. I also show that decision-makers extend more lenience only to those impaired offenders who abuse alcohol. Finally, I show that an offender’s noncooperation with his or her own investigation may be one of the most important factors in determining punishment, which raises questions of justice.
Details
- Title: Subtitle
- Punishment In Practice
- Creators
- Andrew J Hosmanek - University of Iowa, Management and Entrepreneurship
- Resource Type
- Journal article
- Publication Details
- Journal of conflict management, Vol.8(2), pp.42-73
- ISSN
- 2165-4492
- Language
- English
- Date published
- 2023
- Academic Unit
- Management and Entrepreneurship
- Record Identifier
- 9984938143002771
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