Chapter 1 Flashcards

1
Q

Define “White Collar Crime”

A

crimes committed by a person of respectability and high social status in the course of his occupation

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2
Q

Name 2 elements in defining white collar crime

A

social and occupational status

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3
Q

What is the difference between white and blue collar crime

A

white-collar criminals are more powerful than their blue-collar counterparts in that white-collar criminals have more political and financial authority and are treated more leniently by the criminal justice system. In addition, the public is less outraged about white-collar crime,

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4
Q

What court addresses white collar crime?

A

Criminal Court

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5
Q

What are two types of intent

A

general intent and specific intent

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6
Q

What is general intent

A

committing an act that has a desired or expected result, is necessary for most business crimes

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7
Q

What is specific intent

A

which specifies a specific act necessary for commission of the crime

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8
Q

List the 4 types of general intent in order highest-lowest cupability

A

Purposely, Knowingly, Recklessly, and Negligently

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9
Q

Define purposely general internt

A

consciously meant to engage in the prohibited conduct and cause a prohibited result

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10
Q

Define Knowingly general intent

A

aware that the act is prohibited and aware that the prohibited act will almost certainly cause a prohibited result

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11
Q

Define Recklessly in general intent

A

grossly deviates from a reasonable standard of conduct and disregards a substantial and unjustifiable risk that specific conduct will cause a prohibited result

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12
Q

Define Negligently general intent

A

should be aware that an act deviates from a reasonable standard of conduct and has a substantial and unjustifiable risk of causing a prohibited result

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13
Q

What if a statue does not list an intent?

A

the court will determine whether the requisite intent is purposely, knowingly, recklessly, or negligently. Usually when a statute does not state a general intent it will include a specific intent.

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14
Q

What are criminal defenses based on?

A

Criminal defenses are based on an argument that one or more of the elements for committing the crime are missing or have not been proven beyond a reasonable doubt.

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15
Q

What are the steps in understanding a statue?

A
  1. Read through the portions of the statute that are provided.
  2. Determine the prohibited acts necessary to commit the crime
    3 Determine the general and specific intents.
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16
Q

Who is credited with the term White Collar?

A

Edwin Sutherland is credited with using the term “white collar crime”

17
Q

Who were the earliest agencies to fight white collar crime?

A

Two of the earliest administrative agencies created to fight white collar crimes were the Food and Drug Administration and the Securities and Exchange Commission.

18
Q

Name 2 industries general associated with white collar crime

A

Those involved in studying white collar crime usually generate their own statistics that show many of the white collar crimes occur within industries associated with defense contracting and securities.

19
Q

How are white collar crimes usually described?

A

White collar crimes are most often described in statutory law or regulations of an administrative agency and are considered wrongs against society as opposed to a civil legal dispute.

20
Q

How must the government obtain a conviction?

A

To obtain a conviction, the government must prove every element of a business crime, as stated in the law, beyond a reasonable doubt. The elements include prohibited acts (the actus reus) and intent (mens rea). I

21
Q

What is the punishment for white collar crime?

A

Punishment for a conviction may involve fines of the business entity and fines or imprisonment of business persons.

22
Q

What is an important part of being able to avoid criminal behavoir

A

Being able to read and understand statutory law pertaining to business crime is important for avoiding criminal behavior.

23
Q

How do you measure white collar crime?

A
  1. Cross sectional (official records) 2. Industry specific (official records) and 3. Victimization (measure public’s exposure)