White Collar Crime
Theoretical Perspectives of Criminal Behavior
Three broad theoretical models of criminal behavior have historically prevailed. These models include psychological models of criminality, sociological models of criminality, and biologically -- based models of criminal behavior. Each of these models suggests different ideologies and different methods of control for criminal behavior; however, there is quite a bit of overlap in each one.
Psychological Theories of Criminal Behavior
Psychology is a broad discipline that involves many subcategories. In general psychological theories of criminal behavior share several core fundamental assumptions (Mischel 1968). First, in psychological theories of behavior the primary unit of analysis is the individual. Secondly, psychological theories of behavior typically describe personality as the driving unit of behavior within people. Third, social consensus defines normal standards of behavior. Fourth, criminal behaviors result from aspects of the personality that are either dysfunctional, abnormal, or inappropriate. Criminal behaviors may address certain needs and individuals. And…...
American Psychiatric Association. 2013. Diagnostic and statistical manual of mental disorders (5th Ed.). Arlington, VA: Author.
Benson, M.L. And Simpson S.S. (2009). The white-collar crime, an Opportunity Perspective. London: Routledge.
Brody, R.G., Melendy, S. And Perri, F.S. 2012. Commentary from the American Accounting Association's 2011 Annual Meeting Panel on Emerging Issues in Fraud Research Accounting Horizons. Accounting Horizons 26(3), pp. 513-531.
White Collar Crime: Identifying Valid Deterrents for White Collar Criminals
ecent studies suggest that white collar crime is on the rise (Chayet, Waring & Weisburg, 2001; ecine, 2002). Many stereotypical beliefs regarding white collar criminals have been debunked over time as researchers start understanding what white collar crime is and who it effects.
White collar crime affects all communities regardless of affluence, demographics, social factors or other considerations. White collar crime comes in many forms. Some traditional examples include bank fraud, blackmail, bribery, credit card fraud, extortion and more. The intent of this research is to examine what factors contribute to white collar crime and what action law enforcement officials can take to effectively deter criminals and protect citizens from fraud related to this type of crime.
Background
The term "white collar crime" was first used by Edwin Sutherland in 1939 as he addressed the American Sociological Society (Chayet, Waring & Weisburg, 1). At…...
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References:
Chayet, E.F., Waring, E & Weisburd, D. (2001). White-collar crime and criminal careers. Cambridge, England: Cambridge University Press.
hite Collar Crime:
hen most people think of white collar crime today, they think of Enron and Martha Stewart -- or of a nebulous idea of a kind of crime that only the "upper class" or the very powerful occasionally engage in. However, white collar crime is actually pervasive across all sectors of American society. Although many might imagine that white collar crime is essentially "victimless" in comparison to other criminal acts, this is far from the case. Not only are billions of dollars illegally gained (and lost) to the activities associated with the concept, but entire lives are often destroyed in the process.
"hite-collar crime" as a concept was coined in a 1939 speech presented by Edwin Sutherland at the American Sociological Society (LII, 2004). During the speech, Sutherland explained that this type of crime is one "committed by a person of respectability and high social status in the course of…...
White collar crime is one of the most controversial subjects in America today. With the recent conviction of home-economics guru Martha Stewart for white-collar-crime related issues, the subject has only become more high profile. As white-collar crimes are continually portrayed in the media, the public can only conclude that white collar crime is a serious problem in American businesses.
White collar crime is not necessarily limited to businesses, but can also rear its head in elected governments. In a March 05 article on Philly.com, Warner, Einhorn and Davies describe the many of the legal aspects of an ongoing corruption probe of Philadelphia city hall officials. In the article, the authors note that the Street administration has hired a staggering 14 private law firms to represent city interests in an ongoing corruption probe. From this information, Warner, Einhorn and Davies suggest that as many as 12 city officials may be implicated in…...
The paper focuses on specific aspects of white collar crime. The paper primarily focuses on answering two questions directly related to white collar crime. The first question is a comparative analysis focusing on the laws on white collar crime within the United States and other countries. The question also analyzes the extent of operative power to counter the white collar crimes and strictly apply the laws and regulations between the two chosen countries. The second question takes the analysis a little further and focuses specifically on methods of practical enforcement between the two countries as well as the possible variations that might exist in the two countries in the social stigma and punishment related to white collar crimes in both countries.
USA and UK -- White Collar Crime egulations
The countries, USA and UK, have strict laws against white collar crimes and do tend to apply them strictly across…...
The extent of damage that the application of imperialistic conquests, warfare or threat of nuclear power can have on the psyche, finances and structure of the weaker countries of the world is devastating. All concepts merely aim to use force to take from the weaker states. The imperialistic conquest is a form of white collar crime because while it does not really endanger the lives of the civilians under control of the imperial government, but it does however deprive them of enjoying the fruits of their labor. On the other hand, the perception with most imperialist takeovers is that the countries taken over don't have the structure to make the best use of their utilities so foreign takeover is necessary to provide structure i.e. It does not necessarily constitute as a white collar crime.
Warfare and the threat/use of nuclear power are violent crime as their applications endanger…...
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References
Strader, J.K. (2002). Understanding White Collar Crime. Matthew Bender & Company, Inc.
White Collar Crime Theories, Laws and Processes
Explain white collar crime in terms of various theories related to criminology and crime.
A white collar crime is an illegal and unethical act that violates public trust (Friedrichs, 2010). Common examples include misrepresentation, stealing, misappropriation, self-dealing, and corruption (Echols & ichardson, 2011). Most are crimes of opportunity and hold similar characteristics to corporate crime -- fraud, insider trading and other illegal acts of a financial nature. A "white collar" prosecutor or defense attorney, for example, would most likely define "white collar crime" as crime that does not necessarily involve force against a person or property; involve narcotics; relate to organized crime activities; relate to such national policies as immigration, civil rights, and national security; or involve "vice crimes" or the common theft of property (Minkes, 2010). Many white collar criminals are first time offenders.
There are several basic theories in which white collar crime can…...
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References
Braithwaite, J. (2010). Diagnostics of white-collar crime prevention. Criminology & Public Policy, 9(3), 621-626. doi:10.1111/j.1745-9133.2010.00655.x.
White-Collar Crime and Public Order Crime
The objective of this study is to distinguish between white-collar crime and public order crime. The differences will be explained between the two crimes. As well, two statutes and two cases will be located with one statute and case illustrating white-collar crime and one case and statute illustrating public order crime. The cases and statutes will be summarized noting the elements of the crimes and the requisite for criminal burden of proof. Possible defenses to the selected crime will be assessed and this study will conclude with an explanation on why these statues and case law interpretations are important for the criminal justice professional to understand.
Definitions
White-collar crime is reported as not being "an official legal crime category. Individuals are arrested and prosecuted for specific crimes such as forgery, fraud, or embezzlement." (United States Department of Justice, nd, p.2) The term 'white-collar crime' is "an analytic…...
In an environment where violent crimes outweigh white-collar crimes, the prosecutor will allocate his resources to fighting violent crimes. esource availability thus determines how many cases will be pursued by the prosecutor's office. The prosecutor may also evaluate the type of crime affecting an area. This will enable the office to pursue a tougher sentence for the crimes in the area. The increase in white-collar crimes has forced the prosecutor's office to increase resources allocated to white-collar crime.
Political influence also plays a role in the crimes pursued by the prosecutor's office. A case attracts public interest may be pursued by the prosecutor to ensure that the public is satisfied. The prosecutor is likely to allocate resources to find evidence against a defendant accused of defrauding a public company. This will ensure that the credibility of the prosecutor's office is maintained. Political pressure on the office of the prosecutor may…...
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References
Bazley, T. (2008). Investigating white collar crime. Upper Saddle River, N.J: Pearson Prentice Hall.
Boyes, W., & Melvin, M. (2008). Microeconomics. Boston: Houghton Mifflin Co.
Friedrichs, D.O. (2010). Trusted criminals: White collar crime in contemporary society. Belmont, CA: Wadsworth Cengage Learning.
Gottschalk, P. (2010). White-collar crime: Detection, prevention and strategy in business enterprises. Boca Raton: Universal Publishers.
White-Collar Crime Discussion
White-collar crime differs significantly from street crime. In addition to having varying punishments and penalties, each classification of crime in this case has unique targets. It should, however, be noted that in most cases, both classifications of crime tend to be intentional and well-planned.
Impact of White-Collar Crime
According to Edwin H. Southerland (as cited in Vito, Maahs, and Holmes, 2005, p. 411), a white-collar crime could be defined as "a crime committed by a person of respectability and high social status in the course of his occupation." The perpetrator of white-collar crime could, therefore, be an accountant, professional banker, fund manager, etc. In most cases, white-collar crime is motivated by, amongst other things, financial gain. According to Vito, Maahs, and Holmes (2005, p. 412), "white-collar offenses are as harmful to the public as street crimes."
To individuals, white-collar crimes could lead to financial turmoil, extreme stress, and ill health as…...
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References
Davies, P., Francis, P. & Greer, C. (Eds.). (2012). Victims, Crime, and Society. London: SAGE Publications.
DiMarino, F.J. & Roberson, C. (2013). Introduction to Corporate and White-Collar Crime. Boca Raton, FL: CRC Press.
Ferguson, J.E. (2010). White-Collar Crime. New York, NY: Infobase Publishing.
Titus, M.R. & Gover, A.R. (2004). Personal Fraud: The Victims and the Scams. Crime Prevention Studies, 12(1), 133-151.
The criminal acts within those legitimate realms continue to be more familiar and ongoing. When there are rampage on the WCCs and Organized crimes, the line existing between them and other groups they infiltrate in will definitely start blurring resulting to illegal corporations and to states that are rogue.
The other reason is that WCCs and organized crimes are both money motivated. This means that, the two crimes are committed for money, but it is usually true that, the crimes that are committed for money cannot be all as a result of WCCs and organized crime. However, crimes such as violence and infractions of laws usually occur due to monetary acquisition even though they could be they are not part of the organized crime. This still shows how it may be very hard to differentiate WCCs from organized crimes in 21st century (Baker, 2004).
White Collar Crime in Contemporary Society
Assessment of the objectivity and likely competence of trial juries in white collar crime cases
The biggest and most important aspect of trial juries in white collar crimes is the personal likeness towards an individual or a prospect that sways their judgment. There is a lot of speculation on a trial jury's personal traits and trends of prior judgments that can allow the court to understand even before the case starts on how the jury will most likely vote. This hampers a complete objective decision; as, even if the majority of the jury members in a trial do end up taking complete objective decisions, there are always one or two sway votes that are not bound to be completely objective (Friedrichs, 2010). Furthermore, there is also significant skepticism with regards to whether or not the modern structures of crime are baffling the modern trial juries and…...
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References
Australian Institute of Criminology. (2012). Welcome to the Australian Institute of Criminology. Accessed 20-10-12 from: http://www.aic.gov.au/
Other tactics are harsh condemnation, and selective penal measures to these white collar crimes to enhance voluntary compliance.
By promoting a culture of trust, and offering incentives for avoiding white collar crimes, is efficient in addressing these crimes. Additional training of the law enforcement personnel, additional funding, and rewarding frameworks is a necessity. In addition to this, the judge requires extra options, and resources to enable them take effective judgement against these white collar offenders.
esponding and challenging white collar crimes is a high priority in the society. Although resolving the tension between progressive and pragmatic, idealists, and realists are not an easy dilemma to resolve, adoption of the position can describe a progressive pluralism, which entails going against white collar crimes using two approaches at the same time. In one approach, individuals create a much broader consciousness of the effects from white collar crimes. This enables undertaking the cultural, and…...
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Responding and challenging white collar crimes is a high priority in the society. Although resolving the tension between progressive and pragmatic, idealists, and realists are not an easy dilemma to resolve, adoption of the position can describe a progressive pluralism, which entails going against white collar crimes using two approaches at the same time. In one approach, individuals create a much broader consciousness of the effects from white collar crimes. This enables undertaking the cultural, and structural change necessary for substantial reduction of white collar crimes. The other simultaneous approach involves addressing the immediate white collar crimes challenge with a significant mixture of persuasion and punishment. Methods of responding to challenges of white collar crimes are initiating a wide range demonstrably efficient sanctions on the culprits behind these criminal cases. Others involve any other effective means of enhancing self-regulation.
Responding to White Collar Crimes Using Structural transformation
There is a view that human nature is corrupt. This view stresses that no human intervention can affect the impulses that enhance the white collar crimes commission. In another optimistic viewpoint, a substantial reduction of the challenge from white collar crimes is possible but requires structural transformation of the society's economical, political, and cultural structure. James (2008) considers the fundamental repudiation of
White Collar Crime: The Influence of Societal Changes on Criminal Opportunities and the Nature of Crimes of Fraud
The process of globalization, coupled with the advent of the information age has had a significant influence on the nature of crime. For instance, the complexity and diversity of white collar crime has surpassed that of traditional street crime by far and it continues to cost the United States billions every year. Introduced by Edwin Sutherland in 1939, the term white collar crime refers to unethical or illegal acts committed by individuals or organizations, often during the course of legitimate occupational activities by persons of high social status and respectability, usually for organizational or personal gain (Friedrich, 2010 p. 6). In particular, fraud, which involves obtaining of another person's property through deception, is the most common type of white collar crime. The main distinguishing factors between fraud and traditional street crime is that…...
Benson, M.L.(1985). Denying the Guilty Mind: Accounting for Involvement in White - Collar Crime. In P. Cromwell & M.L. Birzer (Eds.), In Their Own Words: Criminals on Crime (pp. 241-254). Madison Avenue, NY: Oxford University press. (Cromwell, Chapter 14)
Copes, H & Vieraitis, L.(2007). Identity Theft: Assessing Offenders' Motivations and Strategies. In P. Cromwell & M.L. Birzer (Eds.), In Their Own Words: Criminals on Crime (pp. 124-139). Madison Avenue, NY: Oxford University press. (Cromwell, Chapter 8).
Friedrich, O.D. (2010). "Fraud." In T. Peikoff (Ed.), Trusted Criminals. (pp.48-57). Toronto, ON: Nelson Education Ltd.
White Collar Crime and Coal Companies
According to Black's Law Dictionary (1990), a "white collar crime" is the term "signifying various types of unlawful, nonviolent conduct committed by corporations and individuals including theft or fraud, and other violations of trust committed in the course of the offender's occupation" (p. 1596). The coal industry in the United States has been historically been characterized by such white collar crimes, many of which have only recently come to light. To this end, this paper provides an examination of how coal companies have evaded the law over the years, including practices such as filing bankruptcy and reorganizing to avoid pension and healthcare responsibilities, their practices on reclaiming the land, and others. A review of the safety regulations that govern the coal industry is followed by a summary of the research in the conclusion.
eview and Discussion
Background and Overview. Coal mining is an especially grimy occupation, but…...
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References
Buckley, G.L. (1998). The environmental transformation of an Appalachian valley, 1850-1906.
The Geographical Review, 88(2), 175.
Fishback, P.V. (1992). Soft coal, hard choices: The economic welfare of bituminous coal miners, 1890-1930. New York: Oxford University Press.
Laidler, H.W. (1931). Concentration of control in American industry. New York: Thomas Y.
1. White collar crime has a significant impact on political corruption, as individuals involved in financial crimes often use their influence and resources to secure favorable treatment from politicians in exchange for financial support or bribes.
2. Organized crime groups often engage in white collar crimes such as money laundering, tax evasion, and fraud to finance their illegal activities, demonstrating the close relationship between white collar crime and organized crime in society.
3. The prevalence of white collar crime undermines public trust in government institutions and law enforcement agencies, creating an environment where political and organized crime can thrive unchecked.
1. White collar crime significantly influences political corruption by providing financial resources that can be used to manipulate political processes, thereby fostering an environment conducive to organized crime. This thesis explores how embezzlement, fraud, and other financial crimes by corporate executives and government officials can fund political campaigns, influence policy-making, and create a symbiotic relationship with organized crime groups, which benefit from the protection and opportunities provided by corrupt political systems.
2. The intersection of white collar crime with political and organized crime often results in a cycle of corruption that undermines societal trust and governance. Here, the argument is that....
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