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...

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…