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Situation 1: A telephone marketer promises a solar-powered clothes dryer for $500 and then sends the buyer only a clothesline and clothes pins.
The degree of responsibility depends on the exact transcript of the telephone marketing conversation. Assuming the marketer promised only a "solar-powered clothes dryer," and the buyer asked for no details, then the responsibility rests firmly with the buyer. The buyer should likely realize their stupidity and perhaps commit suicide as a result.
To deceive someone in this way would not be a crime in any state, because the product does deliver as promised. A clothesline and pins are technically solar-powered drying apparati. One should hope that the line and clips are of the best possible quality on the market and will never degrade.
Caveat emptor always applies. No one forces a consumer to purchase anything. Taking personal responsibility is an art that many Americans have…
Benston, L. (n.d.). Caesars responsible gaming. Retrieved online: http://www.aswexler.com/las-vegas-sun
"What is dram shop action?" Rottenstein. Retrieved online: http://www.rotlaw.com/legal-library/what-is-a-dram-shop-action/
Briefly describe the entrepreneurial crime you researched.
In 2009, the Antigua/Texas-based global financial group (which was made up several subsidiaries that were owned by the same investment firm) owned by R. Allen Stanford was charged with scamming their customers by the Securities and Exchange Commission. Stanford Financial Group was charged with fraud on the basis that they deceptively sold consumers over seven billion dollars in deposit certificates. The company advertised the CDs as safe investments to their clients yet they paid them a rate of return that was inconsistently higher than the market rate. The rate brought in many clients however the investments were not as safe as they were advertised. Instead of backing the investments with safe assets, the company used the funds to invest in high-risk mortgage funds and other risky investments. The sentencing memorandum after Stanford was convicted reads as follows:…
Drawbaugh, K., & Aubin, D. (2012, July 30). Analysis: A decade on, is Sarbanes-Oxley working? Retrieved from Reuters: http://www.reuters.com/article/2012/07/30/us-financial-sarbox-idUSBRE86Q1BY20120730
Henning, P. (2012, June 11). Viewing Financial Crimes as Economic Homicide. Retrieved from DealB%k: http://dealbook.nytimes.com/2012/06/11/viewing-financial-crimes-as-economic-homicide/?ref=stanfordfinancialgroup
Reuters. (2012, July 3). Judge's Ruling Is Blow to Victims of Stanford Scheme. Retrieved from The New York Times: http://www.nytimes.com/2012/07/04/business/sec-loses-ruling-in-stanford-ponzi-scheme-case.html?ref=stanfordfinancialgroup
The Economist. (2005, May 19). A price worth paying? Retrieved from The Economist: http://www.economist.com/node/3984019
For this reason, I remain convinced that the blame was in this case wrongly apportioned.
It is important to note that as Chrisafis points out, the trader was at some point "gambling with up to €50bn…" This in the opinion of the author was at the time larger than his (Kerviel's) employer's worth. If this is indeed the case, where were the bank's safeguards? How could a junior trader bypass such a major institution's safeguards without the knowledge of and perhaps the encouragement from senior managers? According to Reynolds, Societe Generale had on several occasions been warned of irregular dealings originating from Kerviel (70). The bank however chose to ignore the said alerts.
It should also be noted that Kerviel did not reap any personal benefit from the said trades (Chrisafis). Indeed, according to the trader's defense, at no time did Kerviel attempt to embezzle successful bets (Lichfield). This is…
Chrisafis, Angelique. "French Rogue Trader Loses Appeal Against Conviction and €4.9bn Fine." The Guardian. N.p., 24 October 2012. Web. 6 December 2012.
Clark, Nicola. "Bank Outlines How Trader Hid His Activities." The New York Times. N.p., 28 January 2008. Web. 5 December 2012.
Lichfield, John. "French Rogue Trader Jerome Kerviel Jailed for Three Years and Ordered to Repay €4.9 Billion (Which He'll Earn in 300,000 Years)." The Independent. N.p., 24 October 2012. Web. 6 December 2012.
Reuters. "Kerviel's Fine the Size of 20 Airbus A380s." Reuters. N.p., 5 October 2010. Web. 5 December 2012.
Growth of Industrialism and hite-Collar orkers
Rise of professional or "knowledge" class (Peter Drucker)
Definition of professional -- denotation only
Demographic statistics on rise of white collar and professionals
Trend toward professionals as a specific labor union and class
Professionals as separate class above blue-collar and other white-collar workers. Connotation of word in today's society.
Fincham -- occupational strategy of professionals
MacDonald -- rise of professionalism built on lack of self-esteem, anxiety, internal conflict
Parry and Parry -- professional strategy as a form of upward collective mobility
Ehrenreich -- Need for professionals to be inclusive rather than exclusive
Questioning of why some skills required for advancement over others
Professionals as hedonists and self-centered needs
Need for societal changes with equality between different professions
Illich -- Rise of Disabling Professions
Pescosolido -- Changing attitudes of public toward medical professionals
Conclusion -- Need for public to increase skepticism and not put professionals…
AFL-CIO Department for Professional Employees. The Professional and Technical WorkForce: A New Frontier for Unions. Report issued February 2001. Washington, DC: DPE Publications.
Border Talk." Interview with Barbara Ehrenreich. PBS website. Retrieved 9 April 2004. http://www.pbs.org/pov/pov2002/borders/talk/dialogue008_be_6q.html
Drucker, Peter. "The Next Society." Economist. November, 2001. (23-29)
Ehrenreich, Barbara. Fear of Falling: The Inner Life of the Middle Class. New York: Perennial, 1990.
Blue Collar vs. hite Collar Crime
There are many distinctions that can be made regarding different types of crime, but people seem to like to make simple distinctions so that they do not have to think about it too much. So, crime can easily be broken into two broad categories which give a broad description of what they are. The first division is called "blue collar crimes" and they make up the largest part of what people regard as crime. All violent crimes and direct crimes against individuals are in this group. The second designation is white collar crime. These are generally crimes that are done for some type of financial gain and are usually perpetrated against a large group of people at the same time. This essay looks at these two different types of crime as they relate to type, victims and punishment.
Types of Crimes Committed
Bly, William. "Blue Collar vs. White Collar Crimes." Ezine. SparkNet, 2010. Web. 16 Nov. 2012.
D'Alleva, Nicolas. "White Collar crimes: An Overview." Ezine. SparkNet, 2012. Web. 16 Nov. 2012.
Doring, Michael. "Law: Blue Collar Crimes." Ezine. SparkNet, 2010. Web. 16 Nov. 2012.
FBI. "White-Collar Crime." Federal Bureau of Investigation, 2012. Web, 16b Nov. 2012.
White Collar Crime on the Economy and Society
The objective of this study is to examine the impact of white collar crime on the economy and society.
White Collar Crime is reported to be a term that Edwin Southerland, Sociologist of Criminology defined and one that identifies "those illegal non-violent activities that involve traditional notions of deceit, deception, concealment, manipulation, breach of trust or illegal circumvention." (Soto, 2008, p. 1) These types of crimes are such that are generally committed by government agents and business professionals. (Soto, 2008, paraphrased) The Legal Institute at Cornell Law School defines white collar crime as "crime committed by a person of respectability and high social status in the course of his occupation." (Wayne State University, 2011, p. 1)
Expert Panel eports on White Collar Crime
It is reported that in 2011 an expert panel reported on white collar crime and stated that the Federal…
Bank of Credit and Commerce International (nd) American Patriots Freedom Network. Retrieved from: http://www.apfn.org/apfn/BCCI.htm
Soto, Melanie (2008) White Collar Crime and Its Effects on Consumers (2008) Articlesbase. 22 July 2008. Retrieved from: http://www.articlesbase.com/economics-articles/white-collar-crime-and-its-effects-on-consumers-493020.html
Prestigious Panel Examines Impact of White Collar Crime (2011) Wayne State University. 4 Apr, 2011. Retrieved from: http://media.wayne.edu/2011/04/04/prestigious-panel-examines-impact-of-white-collar
Kouri, J. (2005) White Collar Crime is Not Victimless. Renew America. 6 Dec 2005. Retrieved from: http://www.renewamerica.com/columns/kouri/051206
Pension fraud is a type of white-collar crime, but it can assume many different forms. In "Guilty Plea in Fraud Case Tied to New York Pension," the underlying crime was bribery, which happened to be related to a pension fraud scheme. The State of New York runs and manages a pension for its residents. It invests money workers pay into the pension. In this case, state officials accepted about $1 million in gifts in exchange for investing $250 million in pension money into the briber's company. "Looking Out for Number One" describes a slightly different type of pension fraud. In this case, the manager of the pension was defrauded by the investment company, AA Capital Partners. AA Capital Partners seem to have diverted millions of dollars from the pension money to its own dealings, amounting to a type of embezzlement. Thus, pension fraud is not actually a specific type of…
"Guilty Plea in Fraud Case Tied to New York Pension." International New York Times. 4 Dec, 2009. Retrieved online: http://www.nytimes.com/2009/12/04/nyregion/04pension.html?_r=2& ;
"Identity Theft, Debt Collection, and Payday Loans Top List of Consumer Fraud Complaints," (2014). The Christian Science Monitor. Retrieved online: http://www.csmonitor.com/USA/Latest-News-Wires/2014/0304/Identity-theft-debt-collection-and-payday-loans-top-list-of-consumer-fraud-complaints
"Looking Out for Number One." Bloomberg Business Week. Retrieved online: http://www.businessweek.com/stories/2006-10-29/looking-out-for-number-one
corporate or white-collar crime. Specifically, it will discuss the Firestone Tire executives that allowed faulty tires to remain on U.S. vehicles. In mid-2000, Bridgestone/Firestone Tires began a recall of some of their tires that would turn into a massive recall and a public relations nightmare. The underlying problem with the recall, besides public opinion and the cost, was the issue that popped to the surface as the recall began to take on momentum. There was surprising evidence that Firestone and Ford had known about the defect since at least 1994, and had even recalled tires in other countries, but allowed them to remain on Ford Explorers in the United States, leading to hundreds of deaths and injuries in their failure to recall the tires.
In August 2000, Bridgestone/Firestone CEO Masatoshi Ono and the Ford Motor Company initiated a recall of millions of Firestone tires produced in a Decatur, Illinois plant.…
Garten, J.E. (2000). The mind of the CEO. New York: Basic Books.
Guest, J. (2002). Colston E. Warne lecture: Consumers and consumerism in America today. Journal of Consumer Affairs, 36(2), 139+.
Healey, J.R. (2000). Firestone may have known of trouble in '94. Retrieved 16 April 2009 from the U.S.A. Today Web site: http://www.usatoday.com/money/consumer/autos/mauto870.htm .
Mashaw, J.L. (2003). Law and engineering: In search of the law-science problem. Law and Contemporary Problems, 66(4), 135+.
crime 21st century white collar. If true, major type cybercrime? How safeguard ? 2.MIT, prestigious universities world, began sharing online content free class ten years ago (2000).
White collar crimes focus on the concept of deception as a primary tool to harm the social order. Even though it does not involve violence, it typically concentrates on identity theft, online fraud, and bank account theft. In order for people to be able to counterattack such crimes, it is essential for the authorities to provide extensive education meant to assist people to differentiate between actions that are likely to turn them into a victim of cybercrimes and actions that are not.
Cyber ethics is not a common concept among cybercriminals and this means that the masses need to be able to protect themselves by adopting attitudes that decrease the chances of them falling victim to online scams. People need to understand that…
Burns, Jan, "Build Your Online Community: Blogging, Message Boards, Newsgroups, and More," (Enslow Publishers, Inc., 01.02.2011)
Edmunson, Mark, "The Trouble With Online Education," Retrieved March 17, 2013, from the NY Times Website: http://www.nytimes.com/2012/07/20/opinion/the-trouble-with-online-education.html?_r=0
"White Collar Crime in 2011: The Martin Act, Cybercrime, and Beyond," Retrieved March 17, 2013, from the New York County District Attorney's Office Website: http://manhattanda.org/white-collar-crime-2011-martin-act-cybercrime-and-beyond
FBI website section that addresses white-collar crime and research a noted white-Collar scam. hat are the basic elements of the scam along with some tips to avoid becoming a victim?
One common white collar crime scam is that of the 'utilities person' scam. To gain entry to a house, the criminal "impersonates utilities employees by wearing jumpsuits with name tags. Actor approaches victim with story about a gas leak or electrical surge to gain entry to the home. Valuables are taken by actor" ("Types and schemes of white collar crime," National Check Fraud Center.). People may be caught off guard by the entry and since sometimes actual utilities personnel will need to obtain entry to the home homeowners may be overly credulous and not demand appropriate identification. However, when utilities companies do need entry to the home, the homeowner is alerted to this fact by the company well in advance.…
"Akron police say scam artists posing as utility workers." WKYC. 18 Apr 2014. 29 Apr 2014.
Cohn, M. "Accounting fraud on the rise at U.S. companies." Accounting Today. 19 Feb 2014.
29 Apr 2014. http://www.accountingtoday.com/news/Accounting-Fraud-Rise-U.S.-Companies-69646-1.html
Simple procedures can help, but not eliminate drift issues, and are quite low tech. First, depending on the wind and time of day, close the windows that face the field or prevailing wind. Add a fan to create a backdraft by pulling air through the home in the opposite direction of the drift. Once the spraying is done and the drift settled a bit, hose down nearby bushes, windows, the roof and outside of the house. At any signs of exposure, wash eyes with clear water and try to shower several times to remove as much of the potential chemical contamination as possible
Publicize -- Certainly public strikes, marches, and visible actions bring public scruitiny into the issue. Because a great deal of the problem lies in the California agricultural region, an organization was formed as a type of State and national clearinghouse for action, information, and change. This organization,…
Verification of Pesticide Drift Reduction Technologies. (2007, August). Retrieved June 23, 2010,
from Epa.gov: http://www.epa.gov/etv/pubs/600etv07024.pdf
Farm Workers and Allies Ask Government to Protect Kids. (2009, October 14). Retrieved June
25, 2010, from United Farm Workers: http://ufw.org/_board.php?mode=view&b_code=news_press&b_no=5763&page=2&field=&key=&n=615
Future of the Outsourcing of British White-Collar Jobs
Outsourcing is the term given to the work that is done by anyone other than the full time employees of an organization. Outsourcing is the activity whereby certain elements of the processes in an organization are divested by an organization that bring in reasonable or little profit with respect to the capital invested. These activities that bring lesser profits than required or peripheral activities can be done supposedly in a more efficient manner by other and normally smaller organizations. These smaller organizations gain efficiency by focusing on the activity itself and sharpening the productive process in such a way that it can generate new efficiencies and make profits which the bigger organization would not be able to do in such in a focused manner. An example for this would be in the case of an automobile manufacturer purchasing headlights or speedometers instead…
A world of work. 2004. The Economist. November 11. Retrieved from http://www.economist.com/displayStory.cfm?Story_id=3351416 Accessed on February 24, 2005
Faster, cheaper, better. 2004. The Economist. November 11. Retrieved from http://www.economist.com/displayStory.cfm?story_id=3351491 Accessed on February 24, 2005
Gutman, Huck. 2004. Outsourcing in the Developing and Developed World. Part One: From Outsourcing to Offshoring. The Statesman. March 23-25. Retrieved from http://www.commondreams.org/views04/0325-08.htm Accessed on February 23, 2005
Into the unknown. 2004. The Economist. November 11. Retrieved from http://www.economist.com/displayStory.cfm?story_id=3351468 Accessed on February 24, 2005
This is one of the reasons that the United tates upreme Court has noted the difficulty in distinguishing common crime from the "gray zone of socially acceptable and economically justifiable business conduct.
Prosecutors are not eager to 'overcriminalize' and the practice of too readily extending criminal law to areas of which it is not suited is known as "overcriminalization."
For these reasons, the statues of white-collar crimes are broad and fuzzy. And the task, therefore, of defining crime and penalties falls firstly to the prosecutors and then to the court. In the 1980s, the prosecutors read the white collar statutes broadly and the courts were expected to set the perimeters of criminal labiality. There is wide scope however of criminal liability under these white collar statutes.
Is this fair?
For decades, academicians have been calling for change in this, what they see, as unjust and partisan system. To them, the…
Bureau of Justice Statistics, United States Department of Justice, Dictionary of Criminal Justice Data Terminology 215, 1981
Justia. U.S. Supreme Court "Braswell v. United States, 487 U.S. 99, 115," 1988
Fallone, B (2012) "Prosecutorial Discretion in the John Doe Investigation" Marq. Univ. Law School blog. Web.
But there more to the personal side for Duke Cunningham, for doling out contracts was more than a matter of choosing the most qualified and lowest priced as mandated by federal rules. It was also a matter of choosing the contractor that could provide the most for him. The white collar criminal always looks to personal advantage. Lobbyists, like the now-convicted Mitchell Wade, helped steer paying clients to Cunningham. In exchange for a $21 million dollar contract from the Department of Homeland Security, a limousine company also furnished personal services to the Congressman, including the transport of "escorts" for Cunningham's personal pleasure. (ozen, 2006)
Cunningham also pleaded guilty to accepting $2.4 million dollars in bribes from actual defense contractors. The congressman actively sought out contacts in the defense world, boasting that, "I feel fortunate to represent the nation's top technological talent in the 'black' world.... [and] appreciated the opportunity to…
http://www.questia.com/ PM.qst?a=o&d=5014954045' target='_blank' REL='NOFOLLOW'>
Income is less of an issue than profession in determining class status in my community. A professor who earns half or even a fourth of what a doctor makes would still be considered in a higher class than a plumber earning a similar income. Business executives, lawyers, doctors, and any other professional designation signals social status in my community. At the same time, students in my community who aspire to be professional athletes, artists or musicians also have a high social status. Athletes are artists are lauded in popular culture and individuals who pursue paths like those are considered to be non-conformists. Being non-conformist is a source of social clout: a way of telling other young people that we are free thinkers and therefore capable of changing the world.
I am happy with my status within my community. As a member of a dominant social group, I am aware of…
Industries that face stiff competition may favor and encourage an aggressive approach from employees that produces rapid results, rather than thoughtful, strategic action. When the gains cannot be realized in the desired time frame, there is a temptation to implement short cuts; resulting in fraud." (Price; Norris, 2009) That however is not a justification, although it prompts some regulations on the way industries operate.
The Law Catches Up
Today the criminal justice system responds to corporate crime much better than before. This is because earlier the scams were an unknown commodity in Australia and it was a U.S. phenomenon. Globalization changed that and now, according to the National Crime Prevention office in Australia the fraudster type of activities in firms were classified as fake billing and invoicing, investments and money chain scams, advance fee frauds, borrowing from the public as in ponzi type scams, the pyramid and money chain, insolvency…
Braithwaite, John. (1992) "Penalties for White-Collar Crime"
Retrieved 28 July, 2012 from http://www.anu.edu.au/fellows/jbraithwaite/_documents/Articles/Penalties_White_1992.pdf
Braithwaite, John. (1985) "White Collar Crime" Annual Review of Sociology vol. 11, no. 1, pp: 1-25.
"Definition of white collar crime" (from the scanned reference mailed by client -- book title not clear) Please insert book title here
An increased rate of incarceration is considered one of the key factors behind this drop, although a number of notable criminologists disagree. Incarceration is one of the major consequences for youth and young adults arrested for committing violent crimes such as murder, rape, robbery, and aggravated assault.(Delgado, 2001, p. 3) This decrease however has not appeased society nor has it abated one's fears of crime and its circumstances. Researchers continue to report that crimes are however densely populated in urban communities; and usually consist of black on black crimes. On the other hand, it is imperative that one accept that urban areas are not the only locations where crimes are committed. In fact, there are various types of crimes that continue to occur. The types of crimes in question are those considered white-collar crimes. (Markowitz & Jones-Brown, 2000, p. 3) White-collar criminals have been described as middle-aged men of high…
Crime has continued to capture the attention of Americans although there has been a decrease in the number of crimes over the past decade. Much attention has been paid to the propitious drop in the nation's crime rates, and more specifically, the murder rate. An increased rate of incarceration is considered one of the key factors behind this drop, although a number of notable criminologists disagree. Incarceration is one of the major consequences for youth and young adults arrested for committing violent crimes such as murder, rape, robbery, and aggravated assault.(Delgado, 2001, p. 3) This decrease however has not appeased society nor has it abated one's fears of crime and its circumstances. Researchers continue to report that crimes are however densely populated in urban communities; and usually consist of black on black crimes. On the other hand, it is imperative that one accept that urban areas are not the only locations where crimes are committed. In fact, there are various types of crimes that continue to occur. The types of crimes in question are those considered white-collar crimes. (Markowitz & Jones-Brown, 2000, p. 3) White-collar criminals have been described as middle-aged men of high social status, they often live in wealthy neighborhoods, and are respected by the community. The researcher further states that those that are interested in studying white-collar crime seldom do not study these individuals nor were policy makers and other officials interested. The writing also reports on a researcher that believed that the definitions behind crime are incorrect and misleading; Weisburd also states that the criminal behaviors of those in the lower classes have been negated in previous research. (Weisburd, Waring & Chayet, 2001) in the United States, little controversy exists regarding race-based crime statistics reports Knepper (2000).
However, there is information on each category of race, gender, and white-collar crime; on the other hand, there is a minute amount that offers insight into what individuals feel about various races and genders regarding white-collar crime. There is information that displays whom is most likely to commit a white-collar crime, and where most crimes are committed, however very little insight is given into how people (men and women regardless of race) feel about white-collar crimes. This is important in order to express another aspect of white-collar crime and its effect on the individual and possibly the individual's surroundings. Then variations will be clearer and more defined, until then things remain obscure.
The types of offenses committed by gender are notable for their similarities and their differences. Both are more heavily involved in minor property offenses than in serious crimes like robbery or murder. However, "Women offend at much lesser rates than men for all crime categories except prostitution. This gender gap in crime is greatest for serious crime and least for mild forms of
Psychology and the Criminal Offender
Individuals commit crimes for many different reasons, and some of these and psychological in nature. In other words, the way that a person's brain works and the way that the person looks at the world can contribute to how that person reacts to many different things and whether that person commits crimes, or what kinds of crimes. The circumstances of the individual can also contribute to what kind of crimes are committed, since access to different things affects the types of crimes that are committed by specific individuals. Looked at here will be white collar, blue collar, and organized crime, since they are all different and those differences can be important. In addition to this, it will be important to describe and distinguish the common characteristics that these criminals have.
White collar crime is generally committed by those that make more money and that work…
This seems to be serious, but most of the people committing the crime are being released by the courts. (Understanding White Collar Crime)
Question 3a: What is a FOIA request and is it likely to be granted?
The request is under the Freedom of Information Act, and it is targeted to the United States Department of Justice, and there is no reason to think that the Department of Justice will refuse to reply. The question is of political interference occurring affecting the trial in the last stages of the trial against the cigarette industry. Let us not assume that the Department of Justice is now being totally controlled by the politicians, and that is why they will stop from replying. At worst, there will be the appointment of a committee to investigate and look into the matter. Even that will help the cigarette industry as they will get more time,…
About Southern Research. Southern Research Institute. Retrieved at http://www2.southernresearch.org/ . Accessed on 17 June, 2005
About Us: A lasting partnership... born of dedication and cooperation. Retrieved at http://www.atca.org/about_us.asp . Accessed on 17 June, 2005
Indicator Species. Department of Natural Resources. Retrieved at http://www.michigan.gov/dnr/0,1607,7-153-10370_22664-60298 -- ,00.html. Accessed on 17 June, 2005
Moral Hazard. Retrieved at http://www.investopedia.com/terms/m/moralhazard.asp . Accessed on 17 June, 2005
History has shown us that, time and again, more privileged offenders become excused of higher-level degrees of crime and are, instead, tagged with the lower-level descriptor of white-collar crime. The FBI's definition merges with this second definition in that the FBI agrees that most white-collar crimes are perpetrated by business and government professionals, and that these crimes can be severe in that they can devastate individuals, families, and organizations (Federal Bureau of Investigation (FBI). [online]).
What is the National Insurance Crime Bureau, and what functions does it perform for law enforcement?
The National Insurance Crime Bureau (NICB), supported by approximately 1,000 property/casualty insurance companies, is an American non-profit organization located in Illinois that deals with insurance-related crimes and works with law enforcement agencies to ensure control and vigilance. Much of its work is related to motor vehicle theft. In general, however, the NICB describes itself as "partnering with insurers and…
Federal Bureau of Investigation (FBI). Retrieved on 4/4/2011 from:
http://www.fbi.gov/about-us/investigate/white_collar /whitecollarcrime' target='_blank' REL='NOFOLLOW'>
Robert Vigil's account of the direct consequences of white collar crimes of the type at issue details the tremendous harm to innocent individuals and their families and serves as an effective reminder of the basis for penal law in the first place. While it may be appropriate to punish white collar crimes that do not cause substantial tangible harm to innocents less harshly than some violent crimes, that argument simply does not hold water in cases where those crimes do cause tremendous harms, such as those detailed by Vigil. Furthermore, the position that the advanced age of white collar criminals should justify to mitigate their criminal sentences completely ignores the effect their crimes have on the quality of the twilight years of their equally elderly victims. At the very least, white collar crime must be punished in a manner that reflects the magnitude and types of harms they cause to…
PUNISHING WHITE COLLAR CRIME APPROPRIATELY
In his 2005 New York Times article, "How Long to Jail White-Collar Criminals?," Andrew Sorkin expresses a reluctance to punish white collar criminals as harshly as current laws allow. Sorkin cites several arguments, including the suggestion that the advanced age of defendants makes long sentences tantamount to a life sentence and that they are out of proportion to the seriousness of other crimes eligible for similar sentences. According to one of Sorkin's sources, long sentences in high-profile cases provide less deterrent value than increased enforcement efforts producing greater numbers of convictions but shorter sentences. Sorkin utterly fails to consider the impact of white collar crimes on those victimized by them and does not address that issue in his analysis at all; he merely acknowledges that the argument against harsh penalties does not go so far as to suggest that white collar crimes should go unpunished.
Robert Vigil's account of the direct consequences of white collar crimes of the type at issue details the tremendous harm to innocent individuals and their families and serves as an effective reminder of the basis for penal law in the first place. While it may be appropriate to punish white collar crimes that do not cause substantial tangible harm to innocents less harshly than some violent crimes, that argument simply does not hold water in cases where those crimes do cause tremendous harms, such as those detailed by Vigil. Furthermore, the position that the advanced age of white collar criminals should justify to mitigate their criminal sentences completely ignores the effect their crimes have on the quality of the twilight years of their equally elderly victims. At the very least, white collar crime must be punished in a manner that reflects the magnitude and types of harms they cause to innocent individuals.
Gender and Crime
How would each of the three critical feminist perspectives -- adical, Marxist, and Socialist -- explain this phenomenon? Do different life experiences by men and women impact the overrepresentation of men in the criminal justice system? How do gender differences impact sentencing? Provide examples to support your answer. How does allowing citizens to carry guns prevent crimes? Give relevant examples.
The radical feminist would look at the attacks on women based upon the fact that they have been ignored throughout history. This makes them an easier target for men to overpower them and conduct these activities. Marxists believe that crime occurs because of social inequalities. This is from them being pushed into the lower classes of society. To lash out, they will directly target and attack women in order to take advantage of those who have the perceptions of power and influence. Socialists believe that the ultimate…
Feminist Perspective on Work and Class. (2010). Stanford University. Retrieved from: http://plato.stanford.edu/entries/feminism-class/
Ellwood, C. (2004). Sociology and Modern Social Problems. Whitefish, MT: Kessinger Publishing.
Ryder, E. (2011). Financial Crime in the 21st Century. Cheltenham: Edward Elgar Publishing.
Ehrenreich Meets Mills
The sociologist of the 1950's C. right Mills' paraphrases a common American belief that one's work or livelihood is an exuberant expression of the soul, rather than a way to pay for life's necessities and to provide for one's private pleasures. This cliche about the uplifting nature of work reflects a common, American misapprehension particularly prevalent in Millis' day that what one does for a living in a capitalist society can be equated with one's character and self-worth.
Yet, in her work as an undercover journalist in her text, Nickel and Dimed: On Not Getting By in America, Barbara Ehrenreich noted that this ideology was prevalent amongst lower-wage workers as well. hile working at the lower levels of organizations, far away from Millis' white collar workers, Ehrenreich met individuals in so-called menial jobs who were writers like herself during their off hours, and individuals who put their…
Ehrenreich, Barbara. Nickel and Dimed: On Not Getting By in America. Houghton Mifflin, 2001.
Mills, C. Wright. The White-Collar Worker. Oxford: Oxford University Press, 1951.
Moreover, a prosecution of the core leadership of an organization under RICO charges is likely to produce revelations concerning the relationship between leadership and other members who are either guilty of racketeering or some lesser scope of individual crime. This is to say that RICO was essentially designed to push the door open on the activities of such typically obscured enterprises in order to systematically disrupt its initiatives and priorities.
Still, as this investigation finds as a recurrent theme in considered research materials, even when armed with RICO's expansive authorities, there remains a fundamental difficulty in overcoming the effectively obfuscating structure of the modern organized crime enterprise. In the case of the long-ingrained style of activity instituted by La Cosa Nostra, the protective degree to which structure is designed to insulate the activities, connections and implications relating to real decisions-makers and bosses tends to effect the ability of RICO statutes…
ACLU. (2003). How 'Patriot Act 2' Would Further Erode the Basic Checks on Government Power that Keeps America Safe and Free. American Civil Liberties Union. Online at http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12161&c=206
Arshadi, N. (1998). Insider Trading Liability and Enforcement Strategy. Financial Management, 27(2), 70-84.
Cornell University Law School (CULS). (1970). Chapter 96-Racketeer Influences and Corrupt Organizations. U.S. Code Collection. Online at http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_96.html
FBI. (2004). Investigative Programs: Organized Crime. Department of Justice: Federal Bureau of Investigation. Online at http://www.fbi.gov/hq/cid/orgcrime/aboutocs.htm
Flat (2006), Thomas Friedman describes the new global capitalist economy and how it has affected the United States, as well as the type of skills and education that will be most in demand in the 21st Century. Even white-collar workers, managers and engineers have been doing poorly because of globalization, while unskilled and semiskilled blue-collar workers have been devastated. Construction and manufacturing workers with only a high school education have been losing ground in wealth and incomes to the elites for the last thirty years. This era has been far better for the creative and imaginative designers of new technologies than those performing routine tasks. For the last ten years, the majority of Americans were surviving through inflated credit, mortgage and asset bubbles, but when these collapsed in 2008-09 their true economic situation became stark. Friedman's main thesis is that those workers with flexible, adaptive, creative skills who can understand…
Friedman, T.L. (2006). The World Is Flat: A Brief History of the Twenty-First Century. NY: Farrar, Strauss and Giroux.
Friedman, T.L. (2009). "The New Untouchables" New York Times, October 21, 2009.
West, C. (1993, 2001). Race Matters. Boston: Beacon Press.
Advances in electronic communication have made it significantly easier for white-collar criminals to commit fraud. The crux of this point is based on the fact that virtually all aspects of electronic communication are stored and accessible to someone, somewhere. Anything a person does on the internet or via the telephone -- whether mobile or conventional phones -- is recorded and is able to be tracked. Thus, white-collar criminals simply need to gain access to this data since it is available in abundant amounts. Once they are able to access that data, they can successfully leverage relevant aspects of it to their advantage. For instance, they can take a credit card number and make purchases.
If I were a swindler I could use the increasing reliance on electronic communication to my advantage by breaching the secure information of a retail store such as Target and accessing credit cards, and using them…
Various questions relating to Automotives, Safety and Environmental Concerns
Discuss the apparent reluctance of auto manufacturers to put consumer safety ahead of profits.
Money is, of course vitally important, especially in America. However, just recently we have heard news on how a Toyota killed a family, who was not able to use the breaks on the highway. Auto accidents are climbing rapidly, and often traffic on the highway is due to such accidents, which is a sad fact.[footnoteRef:1] Of course, auto manufacturers are not necessarily at the base of these statistics, and human error undoubtedly plays a role; yet many studies do conclude that the emphasis is often on profit instead of customer safety, which is worrying indeed. [1: U.S. Census Bureau-Accidents and Fatalities (011). Retrieved September , from . ]
One study, for example, is concerned that the U.S. is much too complacent with the incidence of accidents…
2. What is "environmental racism"? What about minority/economically disadvantaged populations encourages or allows this situation? How is environmental racism relevant to white-collar crime?
Environmental racism is yet another problem that faces our country. This means that certain races are more affected by environmental crises as others.[footnoteRef:3] For example, the disadvantaged in the Katrina hurricane were more affected than the affluent, and many more of the latter perished, sadly. This situation is encouraged by the poor standards that are enforced with it comes to minority populations. It is not unusual that they live in worse areas, under worse conditions (i.e. dilapidated houses, worse terrain, etc.) The fact that most of these populations are not helped and that the government does relatively little to remedy such situations does not help either. This concept is related to white collar crime due to the fact that companies, and the executives of these companies in specific, often go around safety measures for housing, for example, built for minority populations, which in turn affects the latter, as mentioned above.[footnoteRef:4]
[3: Environmental Justice/Environmental Racism. (2011). Retrieved September 22, from .] [4: While Collar Crime (2011). FBI. Retrieved September 22, 2011, from . ]
Psychological theories of criminal behavior focus on the individual, rather than on contextual factors (as sociological theories of crime do) or on biological factors (such as genetics). Personality, traits, and cognitions are all covered under the rubric of psychological theories of crime. One of the prevailing and most widely accepted psychological theory of crime is rational choice theory. ational choice theory " is perhaps the most common reason why criminals do the things they do," accounting for a wide variety of criminal behaviors (Dechant, 2009). The theory was first suggested and developed by William Glasser, and has since become a default theory of explaining everything from petty theft to white-collar crime.
ational choice theory is relatively straightforward. The individual is believed to be acting rationally, making decisions based on personal need, convenience, and expediency. The theory permits for individual differences, as each person may be motivated by different…
Dechant, A.B. (2009). The psychology of criminal behavior: Theories from past to present. Coastline Journal. Retrieved online: http://coastlinejournal.org/2009/04/13/the-psychology-of-criminal-behaviour-theories-from-past-to-present/
Gul, S.K. (2009). An evaluation of the rational choice theory in criminology. Sociology and Applied Science 4(8): 36-44.
Li, H., Zhang, J. & Sarathy, R. (2010). Understanding compliance with internet use policy from the perspective of rational choice theory. Decision Support Systems 48(4): 635-645.
Scott, J. (2000). Rational choice theory From Understanding Contemporary Society: Theories of The Present, edited by G. Browning, A. Halcli, and F. Webster. Sage Publications.
Business Ethics and the Art of Inclusion: Women in White Collar America
The quantity of female CEOs at Fortune 500 companies decreased by 25% in 2018, falling from 32 to 24: this means that only 4.8 percent of the most profitable 500 firms in the world are run by women in America (Stewart, 2018). How one can achieve inclusiveness within the workplace is definitely a hot-button issue in today’s workplace, particularly given the climate. Social movements for equality and safety in the workplace for all genders such as the #metoo and #timesup movement have made companies large and small look inwards and attempt to clean house, revising their practices. This is in part because of numerous corporate scandals such as the ones at Nike and Uber that have shown white collar America still often does not provide a balanced work environment for women, even in the 21st century. This paper…
Medicare and Medicaid Services (CMS), previously the Health Care Financing Administration (HCFA), that by the time 2011, health care expenditure will arrive at $2.8 trillion, as well as it will bill for 17% of the Gross Domestic Product. As a result, it is no revelation that white-collar offenders observe health care deception as a rewarding effort. Certainly, the General Accounting Office ("GAO") quotes that such deception accounts for up to 10% of entire health care expense (3).
As health care deception outlays taxpayers almost $100 billion a year, federal, as well as state agencies have given health care fraud tribunal a key center of attention. All through her term, Attorney General Janet Reno made impeaching health care fraud a top precedence at the Department of Justice ("DOJ"), subsequent only to brutal offenses (3).
The government focuses its pains to perceive, as well as take legal action against health care fraud…
(1) Adelaide Few & Jay Trezevant, Fighting the Battle Against Health Care Fraud & Federal Enforcement Actions, 72 FLA. B.J. 34, 34-6 (1998)
(2) Alice A. Love, Leniency Offered Health Care Providers that Admit Federal Fraud, S.D. Union Trib., Oct. 22, 1998
(3) Andy Bunds, The results of the Health Insurance Regulations on Health Care Fraud and Abuse, 72 Mont L. Rev. 63, 72 (2001)
(4) Brian A. Kaset, Sailing Without Safe Harbors: Physician Recruitment and the Law of Fraud and Abuse, 9 Healths Span. 9, 9 (1992)
This also includes making sure that bias is not an influence in the decision making process.
Change is often brought about by internal and external factors. The desired change in any organization cannot be brought about without implementing organizational change strategies. The entire process requires assessing, planning, implementing, benchmarking and keeping an eye on the goals and objectives of the organization. To bring about the preferred changes a strong, secure and motivated leader is necessary. In this fast paced world where each and every company fights to survive and grow, the leader must be able to expand vision and unite the organization. Adjusting to new competitive and market demands is a significant instrument for both organizational and personal survival. To bring about a desired change in an organization careful formulation of organization change strategy in order to address the key variables that affect the change outcome is required (Strategies…
Allwood, C, & Salo, I 2012, 'Decision-making styles and stress', International Journal of Stress Management, 19, 1, pp. 34-47, viewed 21 March 2012.
By, R 2005, 'Organisational Change Management: A Critical Review', Journal of Change Management, 5, 4, pp. 369-380, viewed 21 March 2012.
Decision Making Confidence. 2012. A Variety of Rational Decision Making Models. [ONLINE] Available at: http://www.decision-making-confidence.com/rational-decision-making-models.html . [Accessed 21 March 12].
National Defense University. n.d. Strategic Leadership and Decision Making. [ONLINE] Available at: http://www.au.af.mil/au/awc/awcgate/ndu/strat-ldr-dm/pt1ch4.html. [Accessed 21 March 12].
ole and Evolution of the American Prison System
Explain the Primary ole and Evolution of the American Prison System and Determine if Incarceration educes Crime
The United States constitution is the fundamental foundation of the American criminal justice system. Given that the document is now over two hundred years old, it constantly experiences numerous amendments and interpretations. As a result, the criminal justice system over the years experienced alterations in order to reflect the needs and beliefs of each subsequent generation. The configuration of the modern prison system has its basis in the late 1700's and early 1800s. The development of the modern prison system aims at protecting innocent members of the society from criminals. The prison systems also deter criminals from committing more crimes through detaining and rehabilitating them. However, more and more deluge of white-collar crimes and other crimes, burdens the American criminal justice system and the prison…
Barnes E. Harry. (1921). The Historical of the Prison System in America. Journal of the American Institute of Criminal Law and Criminology. Vol. 12, No. 1, May, 1921
Craig Haney. (1998). The Past & Future of U.S. Prison Policy Twenty-Five Years after the Stanford Prison Experiment. American Psychological Association July 1998 Vol. 53, No. 7, 709-727
Dina R. Rose & Todd R. Clear (2006). Incarceration, Social, Capital, & Crime: Implications for Social Disorganization Theory. Volume 36, Issue 3, pages 441-480.
Escresa - Guillermo, Laarni (2011) Reexamining the Role of Incarceration and Stigma in Criminal Law. Law and economics, criminal law, stigma, social norms, behavioral economics.
Health Care Marketing
Developing a pricing strategy for a clinic weight loss program
Today there are very many people who are struggling with the issue of weight. So many people want a quick and easy solution of loosing weight. This has led to many companies coming up with several clinic weight loss programs. When introducing any new product or service into the market pricing can be quite a tricky issue. The prices charged can have a dramatic effect on ones sales and even the profits. There are several things that to be considered when developing a pricing strategy for a clinic weight loss program. The first thing is finding out what the market is saying. This is achieved through finding out what customers expect to pay for the program and if there are established market prices for the same service. The second thing to put into consideration are the competitors,…
Ethnicity in Stafford, Virginia
Living in the commonwealth of Virginia in the year 2012 is a mostly enjoyable existence for myself and the fellow members of my community. Stafford, Virginia is a relatively small place. e have about 100,000 people living here. This is a community steeped in heritage. One of the landmarks of our community is the boyhood farm of First President of the United States, George ashington. Ferry Farm is the central tourist attraction in Stafford and many of our local events center around our Founding Father. During the Civil ar, President Abraham Lincoln visited Chatham, a private home in the region. The land was used as a station for the Union army during that war. America's history is part of our daily lives. This is evidenced by the fact that the phrase "here history meets the promise of tomorrow" is emblazoned on the town's website (Stafford 2012).…
Callandar, Alane (2008). "Race Remains Complex Issue in South." The Stafford County Sun.
Cohan, Stacey (2010). "Autistic Teen Jailed for Officer Assault." Fox DC: Washington, D.C.
Freehling, Bill (2011). "Stafford Moving on Up on U.S. Wealth List." The Free Lance Star.
ule Exempt Employee
The Final ule that was announced and published on May 18, 2016, seeks to update the overtime regulations applicable in the U.S. This rule is expected to provide overtime pay protections for over 4 million workers in the first year of its implementation. It is expected that many workers in the U.S. would get a boost to their wallets and seek to ensure that the adequate compensation is given to people for their hard work.
The new rule seeks to cover a number of primary issues that include the updating of the salary and the compensation levels for Executives, Administrative and Professional workers to be exempted. The rule that was announced "sets the standard salary level for workers at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census egion" (Colunga & Atterberry, 2015). This region is currently the South where the pay is…
Blue-collar workers and the part 541 exemptions under the Fair Labor Standards Act (FLSA). (2008). Washington, DC.
Colunga, G. & Atterberry, R. (2015). DOL: Guidance on Misclassification of Workers; Notice of Proposed Rule on White-Collar FLSA Exemption; Interim and Final Rules Relating to the H2-B Worker Program; Proposed Black Lung Benefits Act Rule; Proposed Rule to Help Retirement Investors • OSHA: F. Employment Relations Today, 42(3), 51-57. http://dx.doi.org/10.1002/ert.21525
Colunga, G. & Atterberry, R. (2016). DOL: Proposed Rule on Workers' Compensation for Energy Employees; Final Rule to Promote Pay Transparency; FLSA Final Rule on Direct-Care Workers Upheld • OSHA: Final Rule on Retaliation Complaints of Railroad and Public Transportation Employees; Proposed. Employment Relations Today, 43(1), 63-68. http://dx.doi.org/10.1002/ert.21552
Kastrinsky, H. (2014). DOL: Final Rule to Require Minimum Wage and Overtime for Home Health-Care Workers; Process Begins for Rules Concerning Projection of Retirement Income • Three Agencies Explain When Employers Must Recognize Same-Sex Marriages for Federal Purposes • OFCCP:. Empl. Rel. Today, 40(4), 53-60. http://dx.doi.org/10.1002/ert.21434
It may come back tenfold, as corporations suggest, in overall income from exports, higher salaries in poor countries whose recipients will become consumers of American goods, and higher profits for American corporations in the meanwhile because of lower overhead. Still, as Hira and Hira suggest, it would not hurt to take precautions that American jobs are protected by first of all admitting that a problem exists, by gathering data as to its effect, by taking a good look at U.S. Visa policies and by making sure that corporations are not acting to the detriment of U.S. jobs (Hira 175).
They offer a series of solutions that will benefit workers in the future: adopt more pragmatic approaches to government procurement, overhaul assistance programs for displaced workers, establish better protections for these workers, make sure training for the next generation includes lifelong marketable skills, form institutions that represent the interests of workers,…
Campion, Michael A., et al., "Work Redesign: Eight Obstacles and Opportunities." Human Resources Management, Vol 44. Wiley Periodicals, Winter 2005: 367-399.
Cappelli, Peter and Crocker-Hefter, Anne. "Distinctive Human Resources are Firms' Core Competencies." Office of Educational Research and Improvement, U.S. Department of Education. [
City of Publication: Publisher
Frauenheim, Ed and Yamamoto, Mike "Reforms, not rhetoric, needed to keep jobs on U.S. soil." CNET News.com. 4 May 2004. http://news.com.com/Offshoring+U.S.+needs+ reforms%2C+not+rhetoric/2009-1070_3-5198156.html?tag=nl#off1
herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where the…
Trends: Crime, the Police, and Civil Liberties
Greg M. Shaw; Robert Y. Shapiro; Shmuel Lock; Lawrence R. Jacobs
1998 62:405-426. Public Opinion Quarterly
Disorder does not descend from Heaven,
It is the spawn of a woman. 10
Contemporaneous with relocating the capital from Edo to Tokyo was the drawing up of the 'Memorandum on Reform of the Imperial Palace' in which Article 1 states that the emperor would 'deign to hear about all political matters' in the front throne room adding that 'women are to be prohibited from entering the front throne room' 11.
Yoshii Tomozane, enior ecretary for Court Affairs peremptorily dismissed all court ladies, after which a rare few were reselected for appointment. In his dairy, he noted: 'this morning, the court ladies were dismissed in their entirety… the power of women already lasting for centuries has been erased in a single day. My delight knows no bounds." 12.
In this way the power of the 'hens' was removed from the 'Enlightened regime' of Meiji rule and suppressed throughout the country.…
Adler, Philip. World Civilizations. Belmont, CA: Wadsworth / Thomson, 2008
De Vos, George & Wagatsuma, Hiroshi, "Value Attitudes Towards Role Behavior of Women in Two Japanese Villages," American Anthropologist, 63, (1961).
Hastings, S.A. "Gender and Sexuality in Modern Japan" a Companion to Japanese History, Blackwell Pub., 2007
Hendry, Joy, Understanding Japanese Society. London: Routledge, 1991.
Affimative Action: Why We Need to Refom It
It is widely believed that the Ameican society is a "melting pot" whee membes of acial, ethnic, eligious, and sexual minoities eventually mold into the mainsteam, becoming full-fledged citizens of the county. The eality, howeve, is much moe complicated. While it is tue that Ameica offes many oppotunities to all its citizens, thee is a histoy of discimination against minoity goups that affects the Ameican society even today. Afican-Ameicans wee confined to the shackles of slavey fo thee hunded yeas and fo anothe hunded yeas of institutionalized discimination, while othe minoity goups and women had to stuggle had to win civil ights and make the Ameican society moe egalitaian. The Ameican society has pogessed to the point whee most citizens believe that eveyone should be entitled to equal ights egadless of one's ace, colo, gende, ethnicity, o eligion. And it is because…
references in Black and White. New York: Routledge.
However, the social perceptions that could have gained her an easier entry into low-class work also could have kept her there, and prevented her from entering a management position. Gender in the absence of race seems to be the cutting divide at the Maids, while the individual who is in charge of the franchise is male, and a male voice guides the Hispanic demonstrator on the tape. But in more diverse Minnesota at the al-Mart, Ehrenreich is recruited as "management material," a status not extended to her nonwhite colleagues. (Ehrenreich, p.109) "Much of our interaction with others consists of subtle negotiation over just how much deference, honor, respect, and awe we are to extend and receive." (Kroehler & Hughes, p. 178) Divisions of respect are not exclusive to race, but race seems to predominate, with class, language, and gender stepping in only afterwards, in the absence of clear racial markers.…
Ehrenreich, Barbara. Nickel and Dimed. New York: Henry Holt. 2001.
Kroehler Carolyn J. & Michael Hughes. Sociology: The Core. Sixth Edition New York: McGraw Hill 1999.
hen Alger's Ragged Dick put himself forward for hire as a guide for a rich boy who is visiting the city, the boy's businessman uncle hesitated to entrust his nephew to him. But after reflection the older man decided that although Dick "isn't exactly the sort of guide I would have picked out...he looks honest. He has an open face, and I think he can be depended upon "(55). Thus, although Alger believed that private generosity and charity alone were necessary to remedy the evils of capitalism, he knew no one could truly succeed alone. Dick's contact with the rich boy Frank because of Dick's shining honesty resulted in his becoming a young gentleman, not just because Dick was a hard worker. And, in the story of Tom, the street tomboy, rather than rise to prosperity through her labor, Tom became the genteel 'Jane Lindsay' at the end of the…
Horatio Alger: Gender and Success in the Gilded Age. Edited by Charles Orson Cook. Houston: Brandywine Press. 2001
shifting seas of global social consciousness and worldwide political hierarchy have only recently brought the word 'terrorism' to the quotidian mind of Americans, it has long enjoyed a cemented place in the construct of civilization. Daily associations between the word terrorism and the frightening images of gore and destruction rampant on the 24-hour news networks affirm the complicated understanding of terrorism in the modern world; bombings on an Israeli bus, explosions outside a Pakistani supermarket, and subway atrocities mingle with recent memories of the World Trade center and recollections of the bloody IRA, Black Liberation Army, and Basque independence movements. Personal reaction and affiliation to the events, movement, and goals of each group's paradigm resonates inside a loose definition of political violence, while governmental response is chiseled, monochromatic, and decisive. While the motives and end-results always differ, the path to terrorism is marked by similar goal posts. These similarities and…
O'Brien, Sean P. "Foreign Policy Crisis and the Resort to Terrorism: A Time-Series Analysis of Conflict Linkages." The Journal of Conflict Resolution. Vol. 40, No. 2. (Jun., 1996.) p. 329.
Ibid, p. 330.
Indeed, in RICO cases, there may well be elements of violent and even homicidal criminal activities involved that clearly make the thefts involved fall outside the purviews of the sentencing regimens established for white collar crimes. According to Podger, "If the conduct is fraud and the predicate act is mail or wire fraud, it should be designated as a white collar crime. hen, however, the RICO predicate relates to a state-based offense such as murder or robbery, it should clearly be outside the realm of being a white collar crime" (731). Consequently, a mere cursory analysis of the specific controlling statute may not provide any substantive guidance concerning whether the criminal activity should be handled as a white collar crime. As Podger points out, "The circumstances of the conduct may be equally important in categorizing the activity" (732). These circumstances relate to the position of trust held by the perpetrator.…
Black's Law Dictionary. St. Paul, MN: West Publishing Company, 1990.
Podgor, Ellen S. 2007. "The Challenge of White Collar Sentencing." Journal of Criminal Law
and Criminology 97(3): 731-732.
That is if no successful intervention takes place. Campson and Laub go on to say that:
e further hypothesize that the concentration of racial poverty and inequality will exert macrolevel effects on punitive forms of social control that are larger for blacks than whites and for drug offenses than other delinquencies. As argued above, the dual image of minority offenders and the "drug war" appears to have formed a symbolic yet potent threat to the middle class population. (Sampson, and Laub 293)
In sharp contrast to this perceived threat, overclass crime such as embezzlement or other money pilfering schemes, are often considered merely "paper crimes" and disasters such as Enron, while horrific to the persons involved, are not the fodder for sensational journalism. Computers and stock reports are not as interesting as police chases and body counts when it comes to attracting the attention of lay people, criminologist and forensic…
Gibbs, Blair. "The Underclass and Crime: How to Deal With an Economic, Political, and Cultural Disaster?" The Spectator 16 January 2006
Gordon, Randall a. "Perceptions for Blue-Collar and White-Collar Crime: The Effects of Subject and Defendant Race on Simulated Juror Decisions." Journal of Applied Social
Psychology 20 (1990): 971-983
Magnet, Myron. "Rebels With a Cause." National Review. 45 (1993): 46-50
motivates people or corporations to partake in enterprise crime?
Among the peculiar aspects that come with business ethics, as in comparison with other domain names of applied ethics, is it handles a wide array of human matters which are more often than not stricken by serious criminality, as well as an institutional structure and atmosphere that is also oftentimes noticeably criminally inclined (Hilts, 2003). The oddity of the situation may also be lost on professionals within the area. It's quite common, for example, at business ethics discussions for most of presentations to become more concerned with straight-forward criminality and they tend to avoid ethical issues within these debates which are actually where we find frequent questions regarding where the correct strategy for countering crimes lies. In this way, all of the discussions of the 'ethics dilemmas' at the beginning of the twenty-first century continues to be very deceptive, since the…
Doris, J.: 2002, Lack of Character (Cambridge University Press, Cambridge).
Friedrichs, D. O. And Schwartz, M.D. (2008). Low Self-Control and High Organizational Control: The Paradoxes of White Collar Crimes. In E. Goode (Ed.), Out of Control? Assessing the general theory of crime (pp. 145-159). Stanford, CA: Stanford University Press
Heath, J. 2008, Business Ethics and Moral Motivation: A Criminological Perspective. Journal of Business Ethics, 83:595 -- 614.
Heath, J.: 2006, 'Business Ethics Without Stakeholders', Business Ethics Quarterly 16, 533 -- 557.
Therefore, today's society in the United States is diverse, which is something a social worker needs to understand and know how to deal with each diverse group. Furthermore, through research, it has been discovered most ethnic groups that live in the United States consist of young people, which means by staying in this country, they grow accustom to their surroundings. Once they have grown accustom to living here, they feel like this is their home to start a life with their own families. This continues the growing number of ethnic groups in this country.
Due to the educational accommodations that schools and college campuses make for students that have ethnic backgrounds, there is not enough prejudice of one group to let a Holocaust to occur in the United Stated. Furthermore, this country believes in freedom of speech to allow one ethnic to be isolated from the rest and condone any…
Dennen, Johan. THE 'EVIL' MIND: PT. 3. CRUELTY AND 'BEAST-IN-MAN' IMAGERY. Retrieved March 30, 2008, from http://rechten.eldoc.ub.rug.nl/FILES/departments/Algemeen/overigepublicaties/2005enouder/EVIL_CRU/EVIL_CRU.pdf
Citrome, Lesilie,. (2007). Aggression. Retrieved March 30, 2008, from http://www.emedicine.com/med/topic3005.htm
Hall, Kathy Jo. (1997). Carl Rogers. Retrieved March 30, 2008, from http://aolsearch.aol.com/aol/search?query=Throughout+this+Jim+knocks+the+clay+figurines+head+of+and+crushes+the+body+while+shouting&invocationType=spelling
Seal, B., A. Bradford, and C. Meston. 2009. The Association Between Body Esteem and Sexual Desire Among College Women. Archives of Sexual Behavior 38, no. 5, (October 1): 866-72. http://www.proquest.com.library.capella.edu / (accessed April 1, 2010).
status labor movement? Make include viewpoint. eference the current state of the labor movement in contemporary times is somewhat tenuous. Although there are noticeable signs of progress and success within this movement, labor forces, and labor unions in particular, face a number of challenges that they have never had to face before. The primary difficulty that the labor movement faces is how to incorporate white collar workers into labor unions in a substantial manner so that union memberships can be at the levels that they once were at.
To that extent, it is important to discuss the difficulties encountered by labor unions when attempting to recruit white collar workers. These difficulties certainly include media perceptions, as is denoted in Labor elations. The media, which is always ready to vilify its subjects and to shape public perception by scaring it about the current events taking place, has routinely depicted unions and…
Sloane, A.A. & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice
The blue collar criminal faces much harsher consequences, even after the formal phase of their punishment is complete.
Social inequality can be seen in the punishments for various crimes. When the lower class commits a crime, such as theft, that threatens to dispossess the upper class, the punishments are much more severe than for "white collar" crimes. It is more likely that the white collar criminal is of higher socioeconomic status than the common thief. Therefore, these types of crimes are punished much less severely, once again to protect the status of the upper class. They must be able to take action, even if it is immoral to protect their social status. Any act that attempts to dispossess the wealthy of their material goods and status is viewed as much more "criminal" than when the wealthy attempt to further deprive the poor of material goods.
A prime example of social…
Doepke, M. & Zilibotti, F. (2005). Social Class and the Spirit of Capitalism. Paper 1277. The European Economic Association. 3(2-3), 516-524. Retrieved April 10, 2008 at http://repositories.cdlib.org/cgi/viewcontent.cgi?article=3297&context=postprints
Dyer, Joel. (2000). The Perpetual Prisoner Machine: How America Profits From Crime. Boulder: Westview.
Mehlum, H., Moene, K., & Torvik, R. (2005). Crime induced poverty traps. Journal of Development Economics. 77 (2), 325-340. Retrieved April 11, 2003 at http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6VBV-4FTS34K-2&_user=10&_rdoc=1&_fmt=&_orig=search&_sort=d&view=c&_acct=C000050221&_version=1&_urlVersion=0&_userid=10&md5=09d21c12671f63f5647177e201a01550 .
Neiman, F (2000). Coincidence or Causal Connection? The Relationship between Thomas Jefferson's Visits to Monticello and Sally Hemings's Conceptions. William and Mary Quarterly, 27 (2), 198-210.
The environment extends beyond the family to friends and neighborhood. Neutrality has no effect on development of criminal behavior.
In order to understand the authors reasoning it is important to understand the concepts of behavior development, i.e. how observation of a behavior leads to development of that behavior. It is also important to understand the dynamics in various groups to understand why behaviors may be imitated from some sources and not others.
The author is working on the assumption that there are no other factors which develop criminal behavior. For example the assumption is that if criminal behavior develops then the criminal will undertake criminal activity at any possible opportunity. The theory does not explain why some children grow up in an environment which promotes crime and yet does not develop these behaviors and vice-versa.
If the reasoning of the author were to be accepted it has…
Due to the forces of globalization and modernization, the role of culture within the purchase decision is becoming less and less intense, but the role of the society is increasing. At this level, the decision to purchase is greatly influenced by the reference group, or the organization or team with which the individual identifies or to which he wishes to belong. In order to gain the acceptance of the respective group or to feel himself as integrated within the group, the individual will purchase those items which allow him to meet the expectations and goals of the reference group (Borrow and Bosiljevac, 2008).
2.4. The decision making unit (DMU)
The concept of the decision making unit is explained by ay Wright's (2004) Business to business marketing: a step-by-step guide, in which the author reveals the mechanisms behind the decision making process. The decision making unit is understood as the series…
Burrow, J.L., Bosiljevac, J., 2008, Marketing, 3rd edition, Cengage Learning, ISBN 0538446641
Burrows, P., 2010, Apple customers have faith after 'antennagate', SF Gate, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/25/BUOU1EIL1B.DTL last accessed on July 28, 2010
Kimball, B., Hall, J., 2004, Selling in the new world of business, Routledge, ISBN 0789022729
Louis, P.J., 2002, Telecom management crash course: managing and selling Teleocm services and products, McGraw-Hill Professional, ISBN 0071386203
Stanwick and Stanwick (2009) in their case study "Tyco: I'm Sure That It's a eally Nice Shower Curtain" is that certain the Tyco CEO and his business associates, family and acquaintances misappropriated the shareholder's funds under the pretext of legitimate corporate functions and allocations. Elements of favoritism can be seen in the way the CEO, Dennis Kozlowski awarded loans from the Tyco coffers to himself and Frank Walsh without seeking the approval of the board. This was viewed as corrupt and a direct violation of the various responsibilities accorded to the board of directors by the shareholders and investors. According to Stanwick and Stanwick (2009), the CEO and the other board of directors were corrupted by the power and influence that they had in the company.
The major issues presented in the case
White collar crimes
White collar crime was defined by Sutherland (1939) as a crime that is committed…
Abrams, F (2007). Asset Search Indicia For Divorce, Debt Collection & Bankruptcy. Available online at http://www.assetsearchblog.com/articles/divorce-child-support/
Chartered Institute of management Accountants (2009).Corporate fraud. Available online at http://www.cimaglobal.com/Documents/ImportedDocuments/cid_tg_corporate_fraud_may09.pdf.pdf
Directors and Boards (2002). Tyco "s betrayal of board governance.
(Board)Accountability).Available online at http://goliath.ecnext.com/coms2/gi_0199-1824947/Tyco-s-betrayal-of-board.html
According to a 2001 study, 86% of protagonists were white males, non-white males were portrayed in stereotypical ways: "seven out of ten Asian characters as fighters, and eight out of ten African-Americans as sports competitors" (Ethnic pp). Roughly nine out of ten African-American females were victims of violence, twice the rate of white females (Ethnic pp). Moreover, 79% of African-American males were shown as verbally and physically aggressive, compared to 57% of white males (Ethnic pp).
According to a 1998 study, children associate white characters with various attributes, such as having lots of money, being well educated, being a leaders, doing well in school, and being intelligent, while they associate minority characters with breaking the law, having a difficult time financially, being lazy, and acting goofy (Ethnic pp). Some researchers argue that if a group is over-represented, they see many opportunities and choices, while if they are under-represented, the reverse…
Analysis: Minorities, media a potent mix." United Press International. July 14
2003. Retrieved August 2, 2005 from HighBeam Research Library Web site.
Brain, Mary. "The Portrayal of Women in U.S. Prime Time Television."
Journal of Broadcasting & Electronic Media. January 01, 1999. Retrieved August 2, 2005 from HighBeam Research Library Web site.
Sutherland was quite critical of why some crimes were defined as deviant, while society appears more tolerant of other transgressions. For example, individual theft is seen as causing great harm, while the harm caused by illegal pollution and the dissemination of hazardous waste are hardly recognized. In 2002, for example, the Carnival Company, a Florida-based cruise company which operates 40 ships, was convicted of falsifying its oil record books. The company under-reported the levels of oil in the bilge water it discharged. The higher levels of oil threatened ocean life. To avoid prosecution, Carnival agreed to pay $18 million in fines (Ferro 2003).
Though Carnival was guilty of wrongdoing, few members of the general public at the time would go so far as to define Carnival's actions as criminally deviant.
In summary, both functionalist and social labeling theories help to explain how corporate deviance are both defined and addressed in…
Ferro, Jeffrey. 2003. "White-Collar Crime." Crime: A Serious American Problem. Reproduced in Opposing Viewpoints Resource Center. Farmington Hills, Mich.: Gale Group. http://0-galenet.galegroup.com.catalog.houstonlibrary.org:80/servlet/OVRC
Friedrichs, David O. 1996. Trusted Criminals: White Collar Crime in Contemporary Society. New York: Wadsworth.
Sutherland, Edwin H. 1983. White Collar Crime: The Uncut Version. Westport: Greenwood Publishing Group
Enron could engage in their derivative trading strategy with no fear of government intervention because derivative trading was specifically exempted from government regulation. Due in part to a ruling by the Commodity Futures Trading Commission's (CFTC) chairwoman, Wendy Graham, derivatives remained free of regulatory oversight. Ms. Graham, wife of Texas senator Phil Graham, made this ruling 5 weeks before resigning as chairwoman of the CFTC and joining the Enron oard of Directors in 1993.
Derivative accounting is further complicated because there is no consistent way to fairly report their value and risk in a company's financial report. In 1998 Rule No. 133, "Accounting for Derivative Instruments and Hedging Activities" was developed by the Financial Accounting Standards oard (FAS), an independent agency that sets guidelines for corporate auditors. Rule 133 contains more than 800 pages, which further complicates its adoption and consistent interpretation by various companies. SFAS No. 133 was subsequently…
Dettmer, Jamie, and John Berlau. "Requiem for Enron: There's Enough Blame to Go around for the Collapse of the Energy Giant From Executives to Auditors to Financial Analysts to Congress." Insight on the News 7 Jan. 2002: 12+. Questia. 10 Mar. 2005 .
Folbre, Nancy. "Blowing the Whistle on Poverty Policy." Review of Social Economy 61.4 (2003): 479+. Questia. 10 Mar. 2005 .
Gup, Benton E., ed. Too Big to Fail: Policies and Practices in Government Bailouts / . Westport, CT: Praeger, 2003.
Hartgraves, Ai L., and George J. Benston. "The Evolving Accounting Standards for Special Purpose Entities and Consolidations." Accounting Horizons 16.3 (2002): 245+..
Immigration in America
Education is important in American society because it is a pathway by which success is achieved. The traditional theories that attempt to explain academic success can be divided into various groups, such as deficit thinking, which suggests that the reasons one succeeds or does not succeed are found within the person; other theories are based on economic conditions, social conditions, or a combination of both. Then there are also theories that look at the role of the method of education that is used and its function in academic success. These theories highlight the role that various factors play in whether one is successful or not in academics -- in short, all of them shed light on parts of the issue but individually, they all come up a bit short in explaining the whole phenomenon. Thus, it is important to take critical approaches to the idea, and to…
Higley, John. Immigration and the Financial Crisis. UK: Edward Elgar Limited, 2015.
Lee, Jennifer; Zhou, Min. The Asian-American Achievement Paradox. NY: Russell
Sage, 2015. Print.
crime discuss reasons crime increased todays society. (Submit a 500
Crime is a transgression of the law on the part of a person or an organization. In order for a crime to be committed, there has to be some formal law enacted which prohibits an action or an occurrence. Furthermore, that law has to then be transgressed for a crime to take place. One of the main areas of crime is violent crime. Violent crime occurs when individuals act aggressively or hostilely towards one another, and choose to inflict corporal pain and punishment. This sort of crime can take place virtually anywhere. In the United States, for example, violent crime occurs fairly regularly in urban environments. Common types of violent crime include shootings, stabbings, and physical violence in the form of fighting.
Violent crime is actually stratified into blue collar crime, which is crime committed by working class people. Working…
Valdmanis, T. (2008). "Senate report blasts SEC's Enron oversight." USA Today. Retrieved from http://usatoday30.usatoday.com/money/industries/banking/2002-10-06-sec_x.htm
Those discretionary areas include sales and negotiating. These are open to flexibility, argument, discussion -- all within boundaries. The boundaries that fence them in are the non-discretionary functions of the business, those areas where the lines must not be crossed.
The non-discretionary areas have very firm guidelines, rules, and even laws and regulations that guide what can and cannot be done. It is when we violate those guidelines, that we cross ethical and/or moral standards whether or not we actually violate the law. There is no compromise in the non-discretionary areas. usiness ethics can be a very personal function rather than organizational (Cagle, Glasgo, & Holmes, 2008).
As an example, safety is non-discretionary. Safety procedures must be enforced and employees have to follow them. There is no negotiation or flexibility. If the company does not establish proper safety standards but no one gets hurt, is it a violation of business…
Cagle, J., Glasgo, P., & Holmes, V. (2008). Using ethics vignettes in introductory finance classes: Impact on ethical perceptions of undergraduate business students. Journal of education for business (peer-reviewed) (AN35201100), 76-83, Vol. 84, Issue 2.
Crane, A., & Matten, D. (2007). Business ethics: managing corporate citizenship and sustainability in the age of globalization - (peer-reviewed). Oxford, England: Oxford University Press.
DeGeorge, R.T. (2005, February). A history of business ethics. Retrieved June 15, 2009, from Santa Clara University: http://www.scu.edu/ethics/practicing/focusareas/business/conference/presentations/business-ethics-history.html
Harvard Law Review. (2009). Go directly to jail: White collar sentencing after the Sarbanes-Oxley act. Harvard Law Review (peer-reviewed), 1728 (21) (GALE Doc. #A198185467).
UCR and NIBRS
Two of the primary data sources used in modern criminological research are the Uniform Crime Reports (UCR) and the National Incident-Based Reporting System (NIBRS). The UCR, compiled and published by the FBI, has been in existence for nearly a century and is the most well-known data set in the field of criminal justice (Maltz & Targonski, 2002). The National Incident-Based Reporting System (NIBRS) is another data source of the FBI but it classifies crime statistics differently than UCR, and its purpose has been “to enhance the quantity, quality, and timeliness of crime data collection ... and to improve the methodology used in compiling, analyzing, auditing, and publishing the collected crime statistics” (US Department of Justice, 2000, p. 1). This paper will compare and contrast these two crime data sources in terms of methodological procedures and implications between the two.
The UCR collects monthly aggregate crime…
Addington, L. A. (2004). The effect of NIBRS reporting on item missing data in murder cases. Homicide Studies, 8(3), 193-213.
Addington, L. A. (2008). Assessing the extent of nonresponse bias on NIBRS estimates of violent crime. Journal of Contemporary Criminal Justice, 24(1), 32-49.
Biderman, A. D., & Lynch, J. P. (2012). Understanding crime incidence statistics: Why the UCR diverges from the NCS. Springer Science & Business Media.
Daly, K. (2016). What is restorative justice? Fresh answers to a vexed question. Victims & Offenders, 11(1), 9-29.
Maltz, M. D., & Targonski, J. (2002). A note on the use of county-level UCR data. Journal of Quantitative Criminology, 18(3), 297-318.
Menard, S., & Covey, H. C. (1988). UCR and NCS: Comparisons over space and time. Journal of Criminal Justice, 16(5), 371-384.
Nolan, J., Haas, S. M., Lester, T. K., Kirby, J., & Jira, C. (2006). Establishing the “Statistical Accuracy” of Uniform Crime Reports (UCR) in West Virginia. West Virginia Criminal Justice Statistical Analysis Center, Charleston.
Odunze, D. O. (2019). Uniform Crime Report (UCR) and 2012 Redesign. The Encyclopedia of Women and Crime, 1-3.
Management and technology are opposite sides of the same coin essential in the operating and maintaining a business. Today's society, companies must have the proper mix of these two elements to operate effectively. However, good companies do not forget their most important commodity, which is the human capital. Unfortunately, too often this is the forgotten commodity. Technology changes, but people in many ways remain the same. The author found this out personally in a work experience selling Google online ad word ads that led to their being dismissed. While this did not reflect directly on the employer, it does illustrate how events that are sometimes beyond the employer or the employee's control can affect the delicate balance between people and technology in the workplace.
Any good manager will confirm the need for the latest technology balanced by the best leadership. This balance makes for the best opportunity to improve…
Drezner, D. (2004). The outsourcing bogeyman. Foreign Affairs, 83(3), 22 -- 34.
Hines, K. (2012, Jaunary 12). Seo outsourcing: When to list. Retrieved from http://searchenginewatch.com/article/2140756/SEO-Outsourcing-When-to-Listen-to-or -
India outsourcing inc. (2012). Retrieved from https://www.odesk.com/companies/India-Outsourcing -
This new generation of activists on college campuses nationwide has inspirited students to talk about their concerns about workers rights. This effort was also conducted largely through e-mail campaigns over the Internet. Some graduate students have already formed their own unions.
Appealing to Right-To-Work States
Arizona, famously known as a right-to-work state, is emerging as a new stomping ground for labor unions. Organized labor is making one of its largest efforts in state history to recruit new members and increase its political clout (Graham and Pitzl).
The effort cuts across a broad swath of industries that includes iron workers, painters, grocery-store workers, and state government employees.
Two unions kicked off their combined effort to organize state government workers, citing low pay and the need to have a voice on working conditions.
Union groups are leading the drive to establish a minimum wage in Arizona. "Arizona's labor unions have never been…
Asher, Herbert, Eric Heberlig and Randall Ripley. American labor unions in the electoral arena. Lanham, MD: Rowman & Littlefield, 2001.
Boone, Louis and David Kurtz. Contemporary Business. Fort Worth, TX: Dryden Press, 1999.
Edwards, Richard. Rights at Work: Employment Relations in the Post-Union Era. Washington, DC: Brookings Institution Press, 1994.
Graham, Chad and Mary Jo Pitzl. "Ariz.'s growth attracts unions." 20 Aug 2006. azcentral.com. 6 May 2009 .