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criminal justice white collar crime
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Discuss the difficulties in controlling business/white collar offenses and why it is often better to use civil, administrative or regulatory systems, rather than the criminal courts, for redress.
White-collar crime is an inclusive term, which encompasses many illegal actions. ... First, to effectively deter crime, we need comprehensive laws that are fair and succinct and target the intended criminal behavior. ... Next, prosecution must prove all the elements contained in the definition of the crime for which they are prosecuting. ... In cases of white-collar crime, each of these steps proves arduous. As we will see, defining, investigating, prosecuting, and sentencing white- collar crime is shadowy and difficult.
Edwin Sutherland, in 1934, referred to white collar crime as “a crime committed by a person of respectability and high status in the course of his occupation” (Reid, p. ... Reiss and Biderman define white-collar crime as violations “that involve the use of a violator’s position of significant power, influence or trust. ... Included under the broad term of white collar crime are embezzlement, bribery, fraud, theft of services, theft of trade secrets, computer crimes, tax evasion, and obstruction of justice each with their own definitions for the prosecution to decipher. Also under this title, is corporate crime, which is another umbrella under which many offenses exist. Corporate crime is similar and often identical to white-collar offenses, the difference being the beneficiary of its rewards and possible consequences. In a white-collar offense, a single person or persons acting independently from a business, personally gain. Whereas in corporate crime a person or group of persons use the company for corporate gains (Reid, p. ... Reid outlines several problems in the area of controlling white-collar crime. She discusses difficulties in the exposure and investigation of white-collar offenses. ... Reid claims that early enforcement of these laws focused on individuals and that little attention was given to corporate crime due to its complexity (p. ... Complexity, for law enforcement, also exists in the area of computer crime in which Reid claims that computer experts are basically smarter than law enforcement officials. Besides the problems with the lack of reporting and apprehending suspects, law enforcement may not have the technical expertise to solve computer crime. ...
A clear example of the plight of law enforcement officials concerning white-collar crime can be seen in money laundering schemes. ... If a criminal enterprise is organized, it allows participants to coordinate their stories, corroborate alibis and conceal evidence, making detection and successful prosecution nearly impossible (Cacheris, pp.
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Paper Information
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Title: criminal justice white collar crime
Words: 1980
Rating: None
Pages: 7.9
submitted by: lwayfan
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