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criminal justice sustem and white collar crimes
theories of white collar crime
criminal justice sustem and white collar crimes
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There are many definitions of "white-collar" crime. (Edelhertz, 1970) White-collar crime - “An illegal act or series of illegal acts committed by nonphysical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage.” (Edelhertz, 1970) White-collar crime are crimes can be committed by: “persons working on an individual basis for personal gain in a non-business situation (personal crimes); crimes in the course of their occupations by those operating inside businesses, Government, or other establishments, or in a professional capacity, in violation of their duty of loyalty and fidelity to employer or client (abuses of trust); crimes incidental to and in furtherance of business operations, but not the central purpose of such business operations (business crimes); and white-collar crime as a business, or as the central activity of the business (con games).” (Edelhertz, 1970) In regards to the criminal acts of white-collar crime, the range of possible acts is extensive. (Edelhertz, 1970) The perpetrators responsible are very diverse in regards to character, status, and motivation. (Edelhertz, 1970) Common elements to all white-collar crime: intent to commit a wrongful act or to achieve a purpose contradictory with law or public policy; disguise of reason or intent; dependence by perpetrator on the lack of knowledge or negligence of victim; compliance by victim in what he/she believes to be the true nature and substance of the deal; and concealment of crime by preventing the victim from realizing that he/she has been wronged. (Edelhertz, 1970) In other crime types once the intent is created it is followed by the execution of the act. T...
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...inal justice system carries the sanctions that can deter. Together these two methods can have a chance at reducing white-collar crime. (Benson & Simpson, 2009) Make it more complex for white-collar offenders to cover up their illegal behavior or deceptions. (Benson & Simpson, 2009)
The strategies used to prevent or reduce white-collar crime have to be effective in treating these types of offenders as criminals. (Benson, 1985) Most white-collar offenders are able to avoid being recognized and treated as a criminal by the criminal justice system and society. (Benson, 1985) By promoting white-collar offenders to maintain their self-identity and commit illegal acts and reputation is untarnished, then the principal functions of the criminal justice system and laws that govern the figurative division of the criminal from the community is null and void. (Benson, 1985).
Professor and Director of the Distance Learning Masters Program at The University of Cincinnati, Michael L. Benson has his Ph. D. in Sociology and is the author of "Denying the Guilty Mind: Accounting for Involvement in White-Collar Crime." In a classic study based on interviews with 30 convicted white-collar offenders all men, Benson examines the excuses and justifications used by White-Collar criminals to not only explain their involvement in the crime but also claim their innocence. It focuses mainly on the techniques that are used to deny they did anything wrong in categories separated by antitrust violators, tax violators, violations of financial trust and those committing fraud. Antitrust Violators focused on the everyday character and historical continuity of their offenses. They claimed to be following es...
Throughout history there have been many white collar crimes. These crimes are defined as non-violent and financial-based crimes that are full ranges of fraud committed by business and government professionals. These crimes are not victimless nor unnoticed. A single scandal can destroy a company and can lose investors millions of dollars. Today, fraud schemes are more sophisticated than ever, and through studying: Enron, LIBOR, Albert Wiggan and Chase National Bank, Lehman Brothers and Madoff, we find how the culprits started there deception, the aftermath of the scandal and what our country has done to prevent future scandals.
Shover, N, & Hochstetler, A. (2006). Choosing white-collar crime. New York, NY: Cambridge University Press.
Lets first start off by defining each one of these types of crime. Street crime is a loosely defined term that usually refers to criminal acts that are done in public. Currently, society is more aware and familiar with this type of crime. Examples of street crime include homicides, shootings, robberies, etc; crimes that are usually depicted on the news or on television shows such as COPS. White-collar crime, on the other hand, is defined as “illegal or unethical acts committed by an individual or organization during the course of legitimate occupational activity” (Barkan, 2012). In Layman’s terms, white-collar crime is basically any type of crime committed, usually by authoritative figures, in a business or corporation. This type of crime is usually associated with criminal acts such as fraud, pilferage, embezzlement, or any type of corporate corruption. There are also two subtypes of white-collar crime: occupational crime and organizational crime. Individuals usually commit occup...
Criminology is the scientific study of crimes and criminal behaviour. Criminological theories and research aim at giving us an understanding of the reasons and factors that influence why people commit crimes. There are two main types of crime: Blue collar crime and white collar crime. Blue-collar crimes is the term used to describe crimes that are committed primarily by people who are from a lower socioeconomic class while white-collar crime is usually committed by people in a higher socioeconomic class. The main difference between the two is “white-collar” crime is usually considered to be a victimless crime in which there is no one directly made to be in a worse situation than what they were in before . An example of the more common street
E.). There are various costs of white-collar crime, although an accurate measurement is not easy, they are hard to asses as well as very complex. There are enormous financial losses, sometimes physical damage as a result of negligence, as well as social costs: weakened trust in a free economy, confidence loss in political organizations, and destruction of public morality. “White collar crime could also set an example of disobedience for the general public, with citizens who rarely see white-collar offenders prosecuted and sent to prison becoming cynical about the criminal justice system” (Conklin, J. E.). White-collar crime is undeniably a crime and often encompasses elaborate
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
Most people consider this crime to consist of CEO’s manipulating their way to making a large fortune. This of course, is true most of the time in high-profile cases. For example, in late 2001 Enron Corporation executives confessed to overstating the company’s earnings. This lead to artificially inflating what the company was worth and deceived the investors. It took some time to unravel all the fraud put behind this devious act but shows how sophisticated white-collar crime can be. Although it’s usually associated with upper management of corporations, people from all different levels and occupations can perform this crime ("How White-collar Crime Works").
White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from Tax fraud to health and safety breaches.
Over the past several decades there has been a wide debate about what the correct definition for white collar crime should be, and even today, there is still a lot of confusion regarding the meaning of white collar crime. Currently, the definition of white-collar crime is still hotly contested within the community of experts, and this essay will discuss what is meant by the term white collar crime, as well as its legal standing and its importance in criminology.
Perri, J.D., CFE, CPA, F. (2011, January/February). White-collar crime punishment too much or not enough?. FRAUDMAGAZINE, Retrieved from http://www.all-about-forensic-science.com/support-files/white-collar-crime-punishment.pdf
...o be intense for arrests for white collar crime than for predatory violence or drug dealing. Indeed, political pressure is more likely to be exerted in blocking or derailing white collar crime investigations than in conventional crime cases, and the police can operate effectively against white collar crime only to the extent that they are relatively free of political influence” (2010:278). Until political influence and the powers of corporations are subdued little can be done to battle this type of crime. People who commit this type of crime have the power to avoid prosecution primarily due the powerful corporations they work for or the institution they are a part of.
In the twentieth century, White Collar and Organized Crimes have attracted the attention of the U.S. Criminal Justice System due to the greater cost to society than most normal street crime. Even with the new attention by the Criminal Justice System, both are still pretty unknown to the general public. Although we know it occurs, due to the lack of coverage and information, society does not realize the extent of these crimes or the impact. White Collar and Organized is generally crime committed by someone that is considered respectable and has a high social status. The crimes committed usually consist of fraud, insider trading, bribery, embezzlement, money laundering, identity theft or forgery. One person would not normally commit all of these but likely one or the other.
...occurrence of white-collar crimes in organizations. In this view, to combat white-collar crimes, the criminal justice system needs to devise interventions that target organizational structure, organizational culture, and personality traits in the prevention of white-collar crimes.