...White Collar Crime Theories, Laws, and Processes Christie Perez Professor Joyce Weddle LEG 200 August 19, 2011 WHITE COLLAR CRIME THEORIES RELATED TO CRIMINOLOGY AND CRIME Theories have been used by humanity as a way of making sense or understand the concepts for all of the activities in a world we seem to be aware of, but that we do not seem to comprehend. In the evaluating case of our behavior we can review our minds, body and emotions as the simplistic force behind our actions; however at the same time the hidden complexity involved in those actions does not allow us to pinpoint the reasoning behind some of our behaviors in certain situations. In the case for individuals involved in white collar crimes, their behavior has been difficult to identify and understand. The mentality or concept of society in regards to a person violating the law usually is categorized differently. A person involved in a conventional crime typically is stereo-typed with a certain minority race, low society status and certain lifestyle usually associated with the crime. Also conventional crimes create a different type of fear in society in comparison to white collar crimes. It is the severity and direct impact of conventional crimes in a community which allow these crimes to be easily recognized and quickly punishable under the law. On the other hand, white collar crimes deals with opposite factors and has been associated with many theories in an attempt to establish awareness...
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...media. The ideologies of the ruling class thus render the working class (proletariat) into conformity by persuading them that the interests of the capitalists (bourgeoisie) are also in the interest of the working class. These ideologies defend and uphold the social position of the ruling classes. Jeffery Reimen stated that, the rich get richer and the poor get prison, thus, as the laws reflect the ideologies of the ruling class, there cannot be equality before the law, as the law protects those who define it. This essay will demonstrate the issue of the justice system within capitalist societies and the effects of the law and policy formations that reflect the wishes and ideologies of the ruling class, while exploiting the poor. The broad theory of critical criminology also known as radical criminology, explores various theoretical perspectives, specifically Marxist criminology and labeling theory. In light of these perspectives, this essay will provide insight on the disproportionate and bias treatment of the criminal justice system. White-collar crime (corporate crimes) and blue-collar crime (street crimes) will be used as illustrations of the disproportion of class systems within capitalist societies in terms of the criminal justice system, which further address how legislations and policies reflect the wishes ideologies and of the ruling class. Critical...
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...Theories of the White Collar Offender Grantham University Richard Sayles White-Collar Crime 20 March 2012 White-Collar Crime The literature supports that many criminals go through a rational choice process when committing crime. Rational choice theories are among the fastest growing theories in social science today. Many sociologists and political scientists defend the claim that rational choice theory can provide the basis for a unified and comprehensive theory of social behavior. What distinguishes rational choice theory from other forms of theory is that it denies the existence of any kinds of action other than the purely rational and calculative. All social action can be seen as rationally motivated, as instrumental action, however much of it may appear to be irrational or non-rational. Rational Choice Theory, law-violating behavior should be viewed as an event that occurs when an offender decides to risk violating the law after considering his or her own personal situation need for money, personal values, learning experiences and situational factors how well a target is protected, how affluent the neighborhood is, how efficient the local police happen to be. Before choosing to commit a crime, the reasoning criminal evaluates the risk of apprehension, the seriousness of the expected punishment, the value of the criminal enterprise, and his or her immediate need for criminal gain. Crime...
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...Final Paper Nick Beech Fort Hays State University A contemporary analysis of the term “white collar crime” is as pertinacious as various concepts within the realm of the Criminal Justice System. According to fbi.gov, there are a host of crimes ranging from health care fraud to computer crime amassed under the umbrella of white collar crime. In addition, the term is widely utilized by both criminologists and sociologists alike, incorporating a mass of non-violent behaviors related to pecuniary fraud. Beyond the fundamental description, currently there is a pervasive inaptness and disciplinary criticism of the definition and application of white collar crime. An assortment of criminologists with the focal point being on state and federal law, contend that many of the behaviors society believes to be white collar crimes are in fact not crimes at all. Short of a statute to delineate whether specific conduct is labeled as a criminal violation of law, behaviors tend to be categorized by individual standards rather than in the context. An individual evaluation of what is or is not deviant allows for a subjective approach that softens the scientific objectivity of criminology (Tappan 1977). Furthermore, the Criminal Justice system was assembled upon the foundation of individual culpability. This presents difficulties when criminal acts involve cooperative intricacies. The penalty phase in regards to the corporate criminal action was not intended to impose sanctions against groups...
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...Though it is obvious that all of these societal differences play a large role in the criminal justice process, I will focus on classism. Classism is the discrimination against a group or individual based on social and economic status. Classism is one of those “ism’s” that occurs more than we notice and sometimes, we may confuse it with things like racism or sexism. Classism, in my opinion, plays a larger role in the criminal justice system as opposed to the other forms of discriminatory practices. In particular, class largely comes into play during the sentencing process. Many authors argue that factors outside of class play a more important role, but I believe that there needs to be more attention paid to the role that class plays in targeting and the sentencing process in the criminal justice system. In order to understand the role that class plays in the sentencing process, we must, first, look at the role that it plays before the criminal reaches the day of sentencing. There are a plethora of publications that speak on profiling and actuarial methods which get people into the system. Though these are two large proponents of the discriminatory acts that exist within the confines of the criminal justice system, it does not begin with these institutionalized methods. The first instance of discrimination, which leads to all of the other forms within the system, are the laws and crime control policies that are implemented that, in some instances, are set up...
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...incorporate the “ism’s”: Racism, sexism and classism, to demonstrate some of the pitfalls that the system has. Though it is obvious that all of these societal differences play a large role in the criminal justice process, I will focus on classism. Classism is the discrimination against a group or individual based on social and economic status. Classism is one of those “ism’s” that occurs more than we notice and sometimes, we may confuse it with things like racism or sexism. Many authors argue that factors outside of class play a more important role, but many believe that we should be more attentive to the role that class plays in targeting and the sentencing process in the criminal justice system. In order to understand the role that class plays in the sentencing process, we must, first, look at the role that it plays before the criminal reaches the day of sentencing. There are a plethora of publications that speak on profiling and actuarial methods which get people into the system. Though these are two large proponents of the discriminatory acts that exist within the confines of the criminal justice system, it does not begin with these institutionalized methods. The first instances of discrimination, which leads to all of the other forms within the system, are the laws and crime control policies that are implemented that, in some instances, are set up in favor of the rich and in opposition to the poor. In Marxist criminology, one of the fundamental principles is that the “ruling...
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...White Collar Crime in Medical Industry Name Institution White Collar Crime in Medical Industry Introduction Background of Research Various crimes take place in different private and public organisations and institutions every day. This research paper will analyse the different white-collar crimes witnessed in the medical industry worldwide. Practitioners involved numerous health practitioners in the dishonest ways of filling irregular and dishonest information about patients for financial gain. The fraud is generated in many ways depending on the level of need and greed at any particular moment. It should therefore be noted that the amount of fraud committed through white-collar crime in health care has risen enormously (Benson, Madensen & Eck, 2009). Billions of dollars are lost through the various unscrupulous health practitioners and their relevant counterparts. The billions of money fall in the hands of a few people and deprive numerous patients the attention and medication required in the process. The public should therefore be alert and report any suspected cases of criminal injustices in the medical industry (Rosoff, Pontell & Tillman, 2012). Problem Statement It is evident that there are various loopholes in the medical industry where financial fraud occurs and fails to be accounted for in the health organisations. The state is aware of the various modes of White Collar crimes taking place in the medical industry. Similarly, the state with the...
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...Understanding white collar crime Hazel Croall Open University Press Buckingham · Philadelphia Open University Press Celtic Court 22 Ballmoor Buckingham MK18 1XW email: enquiries@openup.co.uk world wide web: www.openup.co.uk and 325 Chestnut Street Philadelphia, PA 19106, USA First Published 2001 Copyright © Hazel Croall, 2001 All rights reserved. Except for the quotation of short passages for the purpose of criticism and review, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher or a licence from the Copyright Licensing Agency Limited. Details of such licences (for reprographic reproduction) may be obtained from the Copyright Licensing Agency Ltd of 90 Tottenham Court Road, London, W1P 0LP. A catalogue record of this book is available from the British Library ISBN 0 335 20427 9 (pb) 0 335 20428 7 (hb) Library of Congress Cataloging-in-Publication Data Croall, Hazel, 1947– Understanding white collar crime / Hazel Croall. p. cm. — (Crime and justice) Includes bibliographical references and index. ISBN 0–335–20428–7 — ISBN 0–335–20427–9 (pbk.) 1. White collar crimes. I. Title. II. Crime and justice (Buckingham, England) HV6768 .C755 2001 364.16´8 — dc21 00–050174 Typeset by Type Study, Scarborough Printed in Great Britain by Biddles Limited, Guildford and Kings Lynn chapter ...
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...“Crime is the result of individual behaviour, rather than the product of a socialisation process” Discuss. For decades sociologists from around the world have been debating what factors lead people to commit crime. Some have deduced that individual behaviour is the primary factor while others have concluded that crime is more the product of a socialisation process. In order to understand this contentious issue it is necessary to consider the credibility of a number of theories: physiological, psychological, right realism, Marxism, subculturalism, and left realism. Through the analysis of these theories, a conclusion will then be arrived at as to whether individual behaviour, rather than the socialisation process, is the main cause of crime. Physiological theories focus on the relationship between a person’s biology and crime. Therefore, this theoretical area of study clearly links the individual to crime. Today, a number of criminologists continue to support physiological explanations, even though, historically, many of theories linked to physiology have been disproved. Anne Moir and David Jessel are two such theorists who have proposed a link between biology and crime. They have suggested that a low IQ (which can be inherited) leads to impulsive behaviour, which may in turn lead a person to be more likely to commit crime. Moir and Jessel also claim that there is a link between crime and hormonal differences which make males more aggressive than females and therefore...
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...Evaluate the usefulness of Functionalist theories to our understanding of crime and deviance (40 marks) A functionalist analysis of crime and deviance begins with society as a whole. It looks for the source of deviance in the nature of society rather than in the individual. Durkheim argued that crime is an inevitable and normal aspect of social life. Crime is present in all types of society; indeed, the crime rate is higher in the more advanced, industrialised countries. According to Durkheim, crime is an ‘integral part of all healthy societies’. It’s inevitable because not every member of society can be equally committed to the collective sentiments (the shared values and moral beliefs) of society. Since individuals are exposed to different influences and circumstances, it is ‘impossible for all to be alike’. Therefore not everyone is equally reluctant to break the law. Durkheim went on to say that crime isn’t only inevitable, it can also be functional. Durkheim argued that it only becomes dysfunctional (harmful to society) when its rate is unusually high or law. He argued that all social change begins with some form of deviance. In order for change to occur, yesterday’s deviance must become today’s normality. Since a certain amount of change is good for society (so that it can progress rather than stagnate), so is deviance. If the collective sentiments are too strong, there will be little deviance, but neither will there be any change, or progress. Therefore the collective...
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...part of the criminal justice system. Resocialization is a process in which a person released from prison or another institution re-enters society as a changed individual. The question, however, is: How effective are our “total” institutions in re-socialization? When looking at the evidence, it is clear that the prison system often falls short in this area. The prison system is a correctional method in which inmates are confined and have limited rights. However,...
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...S E C T I O N II Understanding White-Collar Crime Definitions, Extent, and Consequences S ecti on Hi g h l i g h ts •• •• •• •• •• •• White-Collar Crime: An Evolving Concept Modern Conceptualizations of White-Collar Crime Extent of White-Collar Crime Consequences of White-Collar Crime Public Attitudes About White-Collar Crime Characteristics of White-Collar Offenders A 34 s noted in the introduction, Edwin Sutherland created the concept of white-collar crime more than 70 years ago to draw attention to the fact that crimes are committed by individuals in all social classes. As will be seen in this section, one of the largest difficulties in understanding white-collar crime has centered on an ongoing debate about how to define white-collar crime. After discussing various ways that white-collar crime can be defined, attention will be given to the extent of white-collar crime, the consequences of this illicit behavior, public attitudes about white-collar crime, and patterns describing the characteristics of white-collar offenders. Section II Understanding White-Collar Crime 35 As a backdrop to this discussion, consider the following recent white-collar crimes described in the media: •• A jury convicted [then-Baltimore mayor Sheila] Dixon . . . of embezzling about $500 worth of gift cards donated to the city for needy families. Dixon then pleaded guilty last month to lying about thousands of dollars in gifts from her former boyfriend, a prominent developer...
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...Outline and assess Marxist perspectives on crime and deviance [50 marks] The term defiance covers a wide range of behaviour which deviates from the normal expectations of society and is viewed as ‘wrong’ and ‘bad’ but does not necessarily break the law however, some deviant acts may also be criminal. Crime is any activity that breaks the law of the land and is consequently subject to official punishment. Marx himself wrote very little about crime, but a Marxist theory of crime was first developed by Bonger as early as 1916 and then developed by writers such as Chambliss (1975). The overall background to the Marxist approach to crime was based on the Marxist analysis of society, which argues that society is best understood by examining the process by which the majority of the population are exploited by the owners and controllers of commerce and industry. The traditional Marxist approach to crime and deviance argues that the fundamental fact of exploitation provides the key to unlock the explanations for the workings of society. The beginning of the Marxist analysis is that all laws are essentially for the benefit of the bourgeoisie, and that criminal law reflects their interests. For example, property ownership laws largely concern those with significant amounts of property i.e. the ruling class. For those who are poor, there is little to steal. Personal violence is a dangerous act and the ruling class wants to control the right to use violence within society through their...
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... d. the experience of deviance early in life. 2. His friends begin to criticize Marco as a “juice-head,” pushing him out of their social circle. Marco begins to drink even more, becomes bitter, and joins a new group of friends who also are heavy drinkers. According to Lemert, Marco’s situation illustrates a. the onset of primary deviance. b. the onset of secondary deviance. c. the formation of a deviant subculture. d. the onset of retreatism. 3. What concept did Erving Goffman use to refer to a powerful and negative label that greatly changes a person’s self-concept and social identity? a. a deviant ritual b. a degradation ceremony c. a secondary identity d. stigma 4. The concept “retrospective labeling” refers to the process of a. interpreting someone’s past consistent with present deviance. b. defining someone as deviant for things done long before. c. criminal adults encouraging their children to become deviant. d. predicting someone’s future based on past deviant acts. 5. Thomas Szasz made the controversial assertion that a. deviance is only what people label as deviant. b. most people in the United States will become insane for some period during their lives. c. mental illness is a myth so that “insanity” is only “differences” that bother other people. d. our society does not do nearly enough to treat the mentally ill. 6. An example of the “medicalization of deviance” is a. theft being redefined as a “compulsive stealing.” b. drinking too...
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...come up with theories that seek to explain a phenomenon in society. In the field of criminology, notable theorists and scholars include; Edwin Sutherland, Donald Cressey, Robert Merton and Travis Hirschi. The preceding scholars and theorists in the field of criminology seek to explain the causative agents of criminal behaviour and crime in general (Akers, 2012). The theory advanced by Sutherland, and Donald attempts to explain how the associations that on involves themselves in help define their good habits or criminal behaviours. Secondly, Travis propounds in his theory of Social Bond how the level of bonding with society will or will not influence criminal behaviour. Thirdly, Robert Merton’s theory of crime inclines itself toward biological factors and social structures; how they contribute to the criminal behaviour (Akers, 2012). In trying to understand the principles mentioned above further, a look at the case of Aaron Hernandez will help put the averments in the mentioned theories into perspective. Aaron Hernandez was a former American football player born in 1989. Aaron was convicted of murder. On the August of 2013 Aaron was indicted by a grand jury for the murder of Odin Lloyd. In another trial in May 2014, Aaron was indicted for a double homicide that happened in 2002 of Daniel de Abreu and Safiro Furtado. Aaron was found guilty of murdering Odin Lloyd and was sentenced to life on a first-degree murder charge. Sutherland’s Differential Association theory as it applies...
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