White Collar Crime and Public Order Crime

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 category that identifies several specific crimes with common characteristics and distinguishes them from other crime types, such as violent, property and public-order crimes." (United States Department of Justice, nd, p.2) Public-order crimes according to the 'Legal Match' Law Library are defined as "any violence involving interference with normal operation of society. These are crimes that go against publicly shared values, norms, or customs. Such crimes are also called "public-order crimes," and may vary from state to state." (2013, p.1)

Specific Statutes and Cases

The specific statutes and crimes examined in this study are statutes on disorderly conduct which is a public order crime, and falsifying business records, which is a white-collar crime. The Alabama Code addresses disorderly conduct as follows:

"Section 13A-11-7 - Disorderly conduct. (a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) Engages in fighting or in violent tumultuous or threatening behavior; or (2) Makes unreasonable noise; or (3) In a public place uses abusive or obscene language or makes an obscene gesture; or (4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or (5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or (6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse. (b) Disorderly conduct is a Class C misdemeanor." (2013, p.1)

Alabama Code also addresses the white-collar crime of falsifying business records in the following stated statute:

"ALA CODE § 13A-9-45: Alabama Code - Section 13A-9-45: FALSIFYING Business RECORDS. (a) A person commits the crime of falsifying business records if, with intent to defraud, he: (1) Makes or causes a false entry in the business records of an enterprise; or (2) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise when he knows the retention or preservation of a true entry is required by law independent of this section; or (3) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law; or (4) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise when he knows a true entry is required by law independent of this section.(b) "Enterprise" means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, political or social activity. (c) "Business record" means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.(d) Falsifying business records is a Class B misdemeanor." (2013, p.1)