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 involves many subcategories. In general psychological theories of criminal behavior share several core fundamental assumptions (Mischel 1968). First, in psychological theories of behavior the primary unit of analysis is the individual. Secondly, psychological theories of behavior typically describe personality as the driving unit of behavior within people. Third, social consensus defines normal standards of behavior. Fourth, criminal behaviors result from aspects of the personality that are either dysfunctional, abnormal, or inappropriate. Criminal behaviors may address certain needs and individuals. And…...
mlaReferences
Association of Certified Fraud Examiners. (2008). Available at: http://www.acfe.com/uploadedFiles/ACFE_Website/Content/documents/2008-rttn.pdf .
American Psychiatric Association. 2013. Diagnostic and statistical manual of mental disorders (5th Ed.). Arlington, VA: Author.
Benson, M.L. And Simpson S.S. (2009). The white-collar crime, an Opportunity Perspective. London: Routledge.
Brody, R.G., Melendy, S. And Perri, F.S. 2012. Commentary from the American Accounting Association's 2011 Annual Meeting Panel on Emerging Issues in Fraud Research Accounting Horizons. Accounting Horizons 26(3), pp. 513-531.
White Collar Crimes
Supervisor: (Insert)
The paper focuses on specific aspects of white collar crime. The paper primarily focuses on answering two questions directly related to white collar crime. The first question is a comparative analysis focusing on the laws on white collar crime within the United States and other countries. The question also analyzes the extent of operative power to counter the white collar crimes and strictly apply the laws and regulations between the two chosen countries. The second question takes the analysis a little further and focuses specifically on methods of practical enforcement between the two countries as well as the possible variations that might exist in the two countries in the social stigma and punishment related to white collar crimes in both countries.
USA and UK -- White Collar Crime egulations
The countries, USA and UK, have strict laws against white collar crimes and do tend to apply them strictly across…...
mlaReferences
Blumberg & Associates (2012). Penalties of White Collar Crime, p. Accessed from: http://www.azblumberglaw.com/CM/FSDP/PracticeCenter/Criminal-Law/White-Collar-Crime.asp?focus=topic&id=4
Croall, H. (2001). Understanding White Collar Crime. Biddles Limited, Guildford and Kings Lynn, p. 123-139.
Friedrichs, D.O., (2010). Trusted Criminals (4th Ed.). Belmont, CA: Thompson Learning, p. 253-273.
White Collar Crime: Identifying Valid Deterrents for White Collar Criminals
ecent studies suggest that white collar crime is on the rise (Chayet, Waring & Weisburg, 2001; ecine, 2002). Many stereotypical beliefs regarding white collar criminals have been debunked over time as researchers start understanding what white collar crime is and who it effects.
White collar crime affects all communities regardless of affluence, demographics, social factors or other considerations. White collar crime comes in many forms. Some traditional examples include bank fraud, blackmail, bribery, credit card fraud, extortion and more. The intent of this research is to examine what factors contribute to white collar crime and what action law enforcement officials can take to effectively deter criminals and protect citizens from fraud related to this type of crime.
Background
The term "white collar crime" was first used by Edwin Sutherland in 1939 as he addressed the American Sociological Society (Chayet, Waring & Weisburg, 1). At…...
mlaReferences:
Chayet, E.F., Waring, E & Weisburd, D. (2001). White-collar crime and criminal careers. Cambridge, England: Cambridge University Press.
Poveda, T.G. (1994). Rethinking white-collar crime. Westport, CT: Praeger Publishers.
Recine, J.S. (2002). "Examination of the white collar crime penalty enhancements in the Sarbanes-Oxley Act." American Criminal Law Review, 39(4):1535.
hite Collar Crime:
hen 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 acts, this is far from the case. Not only are billions of dollars illegally gained (and lost) to the activities associated with the concept, but entire lives are often destroyed in the process.
"hite-collar crime" as a concept was coined in a 1939 speech presented by Edwin Sutherland at the American Sociological Society (LII, 2004). During the speech, Sutherland explained that this type of crime is one "committed by a person of respectability and high social status in the course of…...
mlaWorks Cited:
Hurst, Charles. (2003). "Social Inequality Forms, Causes, and Consequences." 5th Edition. Pearson: London.
LII, Legal Information Institute. (2004). "White Collar Crime: An Overview." Retrieved from web site on October 4, 2004, from, crime: an overviewhttp://www.law.cornell.edu/topics/white_collar.htmlwhite-collar
Rasmussen, Hanna. (2004). "Insider Trading." Retrieved from web site on October 4, 2004, from, http://economics.about.com/cs/finance/a/insider_trading.htm
Valenti, Catherine. (2004). "With Insider Trading, The Key Is Who Knew What and How They Knew It." Retrieved from web site on October 4, 2004, from, http://abcnews.go.com/sections/business/DailyNews/insidertrading_020624.htmlThe
White collar crime is one of the most controversial subjects in America today. With the recent conviction of home-economics guru Martha Stewart for white-collar-crime related issues, the subject has only become more high profile. As white-collar crimes are continually portrayed in the media, the public can only conclude that white collar crime is a serious problem in American businesses.
White collar crime is not necessarily limited to businesses, but can also rear its head in elected governments. In a March 05 article on Philly.com, Warner, Einhorn and Davies describe the many of the legal aspects of an ongoing corruption probe of Philadelphia city hall officials. In the article, the authors note that the Street administration has hired a staggering 14 private law firms to represent city interests in an ongoing corruption probe. From this information, Warner, Einhorn and Davies suggest that as many as 12 city officials may be implicated in…...
mlaReferences
Warner, Bob, Einhorn, Erin and Davies, Dave. 14 Law Firms Reap Bugging Biz. Posted on Fri, Mar. 05, 2004. 08 March 2004. http://www.philly.com/mld/dailynews/news/local/8111509.htm
White Collar Crimes
he first definition states that this is an illegal act committed via non-physical means by guile to gain personal advantage. his definition's drawback is that it belittles white collar crimes; that harm people physically and psychology and arouses concern in the society. he other is divided into two parts; occupational crime which are committed by individuals to promote their personal interests and corporate crime committed by organizations executives to benefit the company (Sutherland, 1949).
White Collar Crime over Elite Deviance
he application of deviance in the realms of white collar generates several fundamental problems. Deviance is associated with individuals such as alcoholics and mentally ill. White collar offenders are fully integrated into the society and are perceived as normal without any disorders. White collar crime offenders are in conformance with occupational norms, rather than deviating; deviance is characterized by peer group conformity but in the white collar crime, deviance from…...
mlaThe price tags attached to some white collar crimes are so huge that they are difficult to comprehend. For example, the price of bailing out a single corrupt savings and loan institution surpassed the total of all the bank robberies in American history; making the public aware that engaging in white crime is serious just as other crimes. Recent Data Processing Management Association reports that computer crime loss to banks is higher than $500,000 has made the public know that white collar crime is serious and damaging than most crimes.
White Collar Crime Victims
Most individuals have a mistaken belief that they are immune from scams thus harboring the notion that white collar victims deserve their fate. The most disturbing fact is that white collar crimes are not perceived as criminal offenses but simple bad judgment on the part of victims, by both the general public and by the victims themselves (Leap, 2007). Besides, some victims
White Collar Crimes
Governmental Crimes
The extent of damage that the application of imperialistic conquests, warfare or threat of nuclear power can have on the psyche, finances and structure of the weaker countries of the world is devastating. All concepts merely aim to use force to take from the weaker states. The imperialistic conquest is a form of white collar crime because while it does not really endanger the lives of the civilians under control of the imperial government, but it does however deprive them of enjoying the fruits of their labor. On the other hand, the perception with most imperialist takeovers is that the countries taken over don't have the structure to make the best use of their utilities so foreign takeover is necessary to provide structure i.e. It does not necessarily constitute as a white collar crime.
Warfare and the threat/use of nuclear power are violent crime as their applications endanger…...
mlaReferences
Strader, J.K. (2002). Understanding White Collar Crime. Matthew Bender & Company, Inc.
White Collar Crime Theories, Laws and Processes
Explain white collar crime in terms of various theories related to criminology and crime.
A white collar crime is an illegal and unethical act that violates public trust (Friedrichs, 2010). Common examples include misrepresentation, stealing, misappropriation, self-dealing, and corruption (Echols & ichardson, 2011). Most are crimes of opportunity and hold similar characteristics to corporate crime -- fraud, insider trading and other illegal acts of a financial nature. A "white collar" prosecutor or defense attorney, for example, would most likely define "white collar crime" as crime that does not necessarily involve force against a person or property; involve narcotics; relate to organized crime activities; relate to such national policies as immigration, civil rights, and national security; or involve "vice crimes" or the common theft of property (Minkes, 2010). Many white collar criminals are first time offenders.
There are several basic theories in which white collar crime can…...
mlaReferences
Braithwaite, J. (2010). Diagnostics of white-collar crime prevention. Criminology & Public Policy, 9(3), 621-626. doi:10.1111/j.1745-9133.2010.00655.x.
Echols, R.L., & Richardson, E.J. (2011). White-Collar Defense. Tennessee Bar Journal, 47(12), 14-20.
Friedrichs, D. (2010). Trusted Criminals: White collar Crime In contemporary Society. Mason, OH: Cengage Learning.
Minkes, J. (2010). Silent or invisible?. Criminology & Public Policy, 9(3), 467-473. doi:10.1111/j.1745-9133.2010.00642.x.
In an environment where violent crimes outweigh white-collar crimes, the prosecutor will allocate his resources to fighting violent crimes. esource 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 prosecutor's office to increase resources allocated to white-collar crime.
Political influence also plays a role in the crimes pursued by the prosecutor's office. A case attracts public interest may be pursued by the prosecutor to ensure that the public is satisfied. The prosecutor is likely to allocate resources to find evidence against a defendant accused of defrauding a public company. This will ensure that the credibility of the prosecutor's office is maintained. Political pressure on the office of the prosecutor may…...
mlaReferences
Bazley, T. (2008). Investigating white collar crime. Upper Saddle River, N.J: Pearson Prentice Hall.
Boyes, W., & Melvin, M. (2008). Microeconomics. Boston: Houghton Mifflin Co.
Friedrichs, D.O. (2010). Trusted criminals: White collar crime in contemporary society. Belmont, CA: Wadsworth Cengage Learning.
Gottschalk, P. (2010). White-collar crime: Detection, prevention and strategy in business enterprises. Boca Raton: Universal Publishers.
White-Collar Crime and Public Order Crime
The objective of this study is to distinguish between white-collar crime and public order crime. The differences will be explained between the two crimes. As well, two statutes and two cases will be located with one statute and case illustrating white-collar crime and one case and statute illustrating public order crime. The cases and statutes will be summarized noting the elements of the crimes and the requisite for criminal burden of proof. Possible defenses to the selected crime will be assessed and this study will conclude with an explanation on why these statues and case law interpretations are important for the criminal justice professional to understand.
Definitions
White-collar crime is reported as not being "an official legal crime category. Individuals are arrested and prosecuted for specific crimes such as forgery, fraud, or embezzlement." (United States Department of Justice, nd, p.2) The term 'white-collar crime' is "an analytic…...
mlaReferences
White-Collar Crime (nd) United States Department of Justice. Retrieved from: http://bjs.ojp.usdoj.gov/content/pub/pdf/to-wcc.pdf
Crimes Against Public Order (2013) Legal Match Law Library. Retrieved from: http://www.legalmatch.com/law-library/article/crimes-against-public-order.html
The Code of Alabama 1975 (2013) Section 13A-9-45: FALSIFYING Business RECORDS. Retrieved from: http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/coatoc.htm
The Code of Alabama 1975 (2013) Section 13A-5-4 Article 1 Designation of Offenses. Retrieved from: http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/coatoc.htm
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 -- egulatory 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 that both of the two are contained in the criminal justice field making the two inevitable for the security of individuals in the society. The differences only arise when exploring their activities and responsibilities. Private policing, in the white-collar crime arena, is a form of crime prevention detection and apprehension provided by the private organization or agents for commercial purpose (Friedrichs, 2010). The elite would have rather used the private police forces in protecting them while they committed crimes instead…...
mlaReferences
Friedrichs, D.O. (2010). Trusted criminals: White Collar Crime in Contemporary Society.
Belmont, CA: Wadsworth Cengage Learning.
White-Collar Crime Discussion
White-collar crime differs significantly from street crime. In addition to having varying punishments and penalties, each classification of crime in this case has unique targets. It should, however, be noted that in most cases, both classifications of crime tend to be intentional and well-planned.
Impact of White-Collar Crime
According to Edwin H. Southerland (as cited in Vito, Maahs, and Holmes, 2005, p. 411), a white-collar crime could be defined as "a crime committed by a person of respectability and high social status in the course of his occupation." The perpetrator of white-collar crime could, therefore, be an accountant, professional banker, fund manager, etc. In most cases, white-collar crime is motivated by, amongst other things, financial gain. According to Vito, Maahs, and Holmes (2005, p. 412), "white-collar offenses are as harmful to the public as street crimes."
To individuals, white-collar crimes could lead to financial turmoil, extreme stress, and ill health as…...
mlaReferences
Davies, P., Francis, P. & Greer, C. (Eds.). (2012). Victims, Crime, and Society. London: SAGE Publications.
DiMarino, F.J. & Roberson, C. (2013). Introduction to Corporate and White-Collar Crime. Boca Raton, FL: CRC Press.
Ferguson, J.E. (2010). White-Collar Crime. New York, NY: Infobase Publishing.
Titus, M.R. & Gover, A.R. (2004). Personal Fraud: The Victims and the Scams. Crime Prevention Studies, 12(1), 133-151.
White Collar Crimes
There are two major categories of crime majorly grouped into 'blue collar' and 'White Collar' crimes. The blue collar usually involves violence and of interest here is the 'white collar' which is usually found among the well educated and informed people in the society. The white collar crimes are mainly committed by the upper educated class through the pen and paper, do not involve a lot of violence and may not necessarily involve crimes against humanity. But the blue collar crimes are predominantly violent crimes that may involve serious injuries or even death. They do not require much educational intelligence to commit and are common among the poorer population of the society (Gonzales J.D., 2011).
One such case that has of late attracted the attention of the media with its beginning being in 2009 and the conclusion being this month is the case of od Blagojevich, who now faces…...
mlaReferences
Guardian, (2011). Rod Blagojevich, former Illinois governor, found guilty of corruption.
Retrieved June 28, 2011 from http://www.guardian.co.uk/world/2011/jun/27/rod-blagojevich-barack-obama-senate-seat
IB Times, (2011). Blagojevich Verdict: Guilty of Trying to Sell Obama's Senate Seat. Retrieved June 28, 2011 from http://www.ibtimes.com/articles/170243/20110627/blagojevich-verdict.htm
The New York Times, (2011). Jury Finds Blagojevich Guilty of Corruption. Retrieved June 28,
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 for money, but it is usually true that, the crimes that are committed for money cannot be all as a result of WCCs and organized crime. However, crimes such as violence and infractions of laws usually occur due to monetary acquisition even though they could be they are not part of the organized crime. This still shows how it may be very hard to differentiate WCCs from organized crimes in 21st century (Baker, 2004).
The other issue making this difficult is…...
mlaReferences
Baker, J.S., (2004). The Sociological Origins of "White-Collar Crime. Conservative Policy Research and Analysis. Retrieved September 27, 2012 from http://www.heritage.org/research/reports/2004/10/the-sociological-origins-of-white-collar-crime
Rosenzweig, P., (2002). Sentencing and Enforcement of White Collar Crimes. Conservative Policy Research and Analysis. Retrieved September 27, 2012 from http://www.heritage.org/research/testimony/sentencing-and-enforcement-of-white-collar-crimes
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 till there is a law in place for it defining it as such.
It involves human input: any and all white collar crimes involve an input of a human to be conceived and completed. All human inputs that are considered factors of the white collar crimes are harmful to the society at some level and are thus countered either on a state/legal level or through informal structure of cultural norms or standards.
It is a mental phenomenon: any and all white collar…...
mlaReferences
Friedrichs, D.O., (2010). Trusted Criminals (4th Ed.). Belmont, CA: Thompson Learning.
Hall, S., Winlow, S. And Ancrum, C. (2008) Criminal Identities and Consumer Culture, London: Willan/Routledge.
Slattery, Martin (2003). Key Ideas In Sociology. Nelson Thornes.
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