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.
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...
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:
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
In an environment where violent crimes outweigh white-collar crimes, the prosecutor will allocate his resources to fighting violent crimes. Resource 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
This law contributed to the development of the white-collar crimes since it was yet another restriction on the operation of the employers. MODULE 6/DISCUSSION 2 -- Regulatory System and White Collar Crime What are the principal differences and points of intersection between private policing and public policing? It is often difficult to differentiate between the two since private police often behave like the public police. The point intersection arises from the reasoning
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
White Collar Crime: When 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
White Collar Crimes Criminality Theories A white collar crime can be simply defined as the framework that instigates immoral actions that don't always endanger lives but do harm the society in one way or another (Freidrichs, 2010). The aspects or factors that might thus be considered by white collar theories to validate a crime as a white collar crime include the following: It is defined illegal: no act if officially legal or illegal