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Compare and contrast criminal and civil law
Compare and contrast criminal and civil law
Punishment and white collar crimes
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Crime comes in different ways, shapes, and forms. From corruption to murder, the seriousness and blameworthiness varies from crime to crime. The most common factor of all crime is that it is illegal. The problem with prosecution is that some crimes can find loopholes around the rigidity of the laws created. This is the hardest for white collar crimes. With so many types of white collar crimes, it is hard to understand where it belongs on the scale on seriousness and blameworthiness and how to prosecute. With white collar crimes, they are most commonly seen as “victimless” or “paper” crimes, since they do not involve physical harm to the people included. With so many types available to analyze, the purpose of this paper is to focus on bribery, perjury, and fraud. When it comes to white collar crimes, or any crime for that matter, we do not only need to focus on what causes it and society’s reaction to it. We need to look into prevention of it and being able to stop it before it even starts. In my opinion, all crime stems from corruption. It takes only a small seed of dishonesty which can grow into many different types and dimensions of crime. According to Elena Flouristeanu, “A broad definition of corruption is the abuse of power with the purpose of satisfying personal or interest groups,” (Floristeanu, 2010). With this definition, it is easy to see how it can lead to bribery, perjury, and fraud. Studies done by the Transparency International Barometer, which surveys ordinary people and their take on corruption, show that the institution most affected by corruption would be political parties. The next most affected would be any person or group involved in any sort of legislative or judicial system in the world. Corruption can diff... ... middle of paper ... ...attack on social institutions,". The best way to stop white-collar crime is to prevent it from happening. By educating society on the consequences and reprimands that can happen from even small white-collar crime, can help each person understand that white-collar crime is not worth the problems that they create. Future studies should focus on young liberals who vote in a way towards white-collar crime being less wrong because this could threaten society into having a more liberal attitude and future generations. If young liberals keep this attitude into their mature ages then that means that our generations are changing into a more liberal society which means that it will become more and more liberal as generations go by. This could cause problems because if more and more people see it as not at all wrong, then there may be more people committing white-collar crime.
1. Reiman explains that the idea that white collar crime is taken less seriously is because it protects the elite classes. For example, if the public believes they should fear the poor more than the rich, the rich can commit more crimes and go unnoticed because the population is focused on the poor Reiman explains that that the way crime is explained does not exactly fit what we think crime is. He explains that the notion that white-collar crime being harmless is based on the idea that white collar crimes do not end in injury or death is false because more people’s lives are put at risk than “lower class” crimes. Reinman thinks it is necessary to re- educate the public on white-collar crimes for economic
Professor and Director of the Distance Learning Masters Program at The University of Cincinnati, Michael L. Benson has his Ph. D. in Sociology and is the author of "Denying the Guilty Mind: Accounting for Involvement in White-Collar Crime." In a classic study based on interviews with 30 convicted white-collar offenders all men, Benson examines the excuses and justifications used by White-Collar criminals to not only explain their involvement in the crime but also claim their innocence. It focuses mainly on the techniques that are used to deny they did anything wrong in categories separated by antitrust violators, tax violators, violations of financial trust and those committing fraud. Antitrust Violators focused on the everyday character and historical continuity of their offenses. They claimed to be following es...
Throughout history there have been many white collar crimes. These crimes are defined as non-violent and financial-based crimes that are full ranges of fraud committed by business and government professionals. These crimes are not victimless nor unnoticed. A single scandal can destroy a company and can lose investors millions of dollars. Today, fraud schemes are more sophisticated than ever, and through studying: Enron, LIBOR, Albert Wiggan and Chase National Bank, Lehman Brothers and Madoff, we find how the culprits started there deception, the aftermath of the scandal and what our country has done to prevent future scandals.
This is not to say that all white-collar crime is committed by upper income or affluent persons. The Sociologist Edwin Sutherland, who is responsible for the term white-collar crime around, classified some lesser affluent crimes as white-collar crime. The next section of this paper examines the different type of white-collar crime and the law that regulate them. Moreover, the social impact of the white-collar crimes will be analyzed as well.
In our society, our security and protection is in the hands of the police. When there is a disturbance in society, we immediately dial 911 to get police officers in the scene of the crime for help. Police officers wear a uniform and a badge that symbolizes protection. Police officers are hired to enforce the laws that were placed, ensure the safety of civilians, and to detain anyone who does not follow or does not obey the laws. Although, people and the media might disagree that police officers abuse their power or racially profile people for no reason, I have not yet come across those situations, nor has my family. In fact, most of my experiences with the criminal justice system has been helpful. Furthermore, once criminals are detained, it
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
white-collar crime” (Shapiro, S. P.). It is no surprise to anyone that positions of trust regularly decentralize to corporations, occupations, and “white-collar” individuals. Nevertheless, the concept of “white-collar crime” involves a false relationship between role-specific norms and the characteristics of those who typically occupy these roles. Most of the time, it is the offender that is looked at more than the crime itself and assumptions about the individuals automatically come into play. It has be to acknowledged that “ class or organizational position are consequential and play a more complex role in creating opportunities for wrongdoing and in shaping and frustrating the social control process than traditional stereotypes have allowed” (Shapiro, S. P.). The opportunities to partake in white-collar crime and violate the trust in which ones position carries are more dependent upon the individuals place in society, not just the work place. The ways in which white-collar criminals establish and exploit trust are an important factor in truly exploring and defining the concept of white-collar crime.
Today, worldwide, there are several thousands of crimes being committed. Some don’t necessarily require a lethal weapon but are associated with various types of sophisticated fraud, this also known as a white-collar crime. These crimes involve a few different methods that take place within a business setting. While ethical business practices add money to the bottom line, unethical practices are ultimately leading to business failure and impacting the U.S. financially.
White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from Tax fraud to health and safety breaches.
White collar crimes do not garner as much media attention as that of violent crimes (Trahan, Marquart, & Mullings 2005). This is an odd fact because white collar crimes cost society much more than violent crimes do (Messner & Rosenfeld 2007). While there are many different definitions for white collar crime, Schoepfer and Piquero describe it as a nonphysical crime that is used to either obtain goods or to prevent goods from being taken (2006). People who commit these crimes are looking for personal or some sort of organizational gain and are being pressured to be economically successful from the idea of the American dream. The authors suggest that there are two types of people who commit crimes, those who have an immense desire for control and those who fear losing all they have worked hard for (Schopfer & Piquero 2006). Both groups have different reasons for turning to crime, but both groups commit the crime to benefit themselves. It was found that higher levels of high school drop outs were directly correlated to levels of embezzlement in white collar crime (2006). Because they are drop outs, they are less likely to be successful legitimately and turn to crime more often than their graduate
White collar crime has been discussed more frequently in the last few years. The news has made society aware that white collar crime occurs almost as often as other criminal activity. In fact, white collar crime is one of the most costly crimes. It is a billion dollar criminal industry. White collar criminals seem to continue to engage in the criminal practices because there is no set standard in the penalties given to those that are caught. A look into the public’s perception on whether the penalties given is harsh enough for white collar criminals since most types of crimes have a set of standard penalties for those convicted. A standard set of penalties needs to be looked at for white collar crimes to help in eliminating the criminal behavior and saving society billions of dollars a year.
The foundation of our country, the keystone to our democratic system, is the integrity of social institutions that we not only assume we can trust but have come to rely on for most aspects in our daily lives. The integrity of these social institutions can only be achieved through building blocks such as internal controls and independent, verifiable information. White collar criminals build a sense of false integrity around them in order to gain the trust of their victims, ranging from the young to the very old. Friedrich’s (2010) Trusted Criminals defines the foundation to white collar crime, the level of trust we have for those in power. We trust those in charge, those with power, and those who represent the integrity of our social institutions.
In the twentieth century, White Collar and Organized Crimes have attracted the attention of the U.S. Criminal Justice System due to the greater cost to society than most normal street crime. Even with the new attention by the Criminal Justice System, both are still pretty unknown to the general public. Although we know it occurs, due to the lack of coverage and information, society does not realize the extent of these crimes or the impact. White Collar and Organized is generally crime committed by someone that is considered respectable and has a high social status. The crimes committed usually consist of fraud, insider trading, bribery, embezzlement, money laundering, identity theft or forgery. One person would not normally commit all of these but likely one or the other.
Fraud and white-collar crime are common forms of crimes that people commit in various aspects and positions in the corporate world. Fraud and white-collar crimes have similar meaning as they refer to the non-violent crimes that people commit with the basic objective of gaining money using illegal means. The cases of white-collar crimes have been increasing exponentially in the 21st century due to the advent of technology because fraudsters apply technological tools in cheating, swindling, embezzling, and defrauding people or organizations. White-collar crime is a complex issue in society because its occurrence is dependent on many factors such as organizational structure, organization culture, and personality traits. Thus, the literature review examines how organizational structure, organizational culture, and personality traits contribute to the occurrence of white-collar crimes.
According to the scholar Adrianna Magdalena Sandu, corruption and organized crime are related to each other, where the former is the result of the latter and vice versa. Sandu relates in her article that corruption is a result of criminal activity and criminal activity provokes a higher level of corruption in society.