Chapter 1 Flashcards
Define “White Collar Crime”
crimes committed by a person of respectability and high social status in the course of his occupation
Name 2 elements in defining white collar crime
social and occupational status
What is the difference between white and blue collar crime
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,
What court addresses white collar crime?
Criminal Court
What are two types of intent
general intent and specific intent
What is general intent
committing an act that has a desired or expected result, is necessary for most business crimes
What is specific intent
which specifies a specific act necessary for commission of the crime
List the 4 types of general intent in order highest-lowest cupability
Purposely, Knowingly, Recklessly, and Negligently
Define purposely general internt
consciously meant to engage in the prohibited conduct and cause a prohibited result
Define Knowingly general intent
aware that the act is prohibited and aware that the prohibited act will almost certainly cause a prohibited result
Define Recklessly in general intent
grossly deviates from a reasonable standard of conduct and disregards a substantial and unjustifiable risk that specific conduct will cause a prohibited result
Define Negligently general intent
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
What if a statue does not list an intent?
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.
What are criminal defenses based on?
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.
What are the steps in understanding a statue?
- Read through the portions of the statute that are provided.
- Determine the prohibited acts necessary to commit the crime
3 Determine the general and specific intents.
Who is credited with the term White Collar?
Edwin Sutherland is credited with using the term “white collar crime”
Who were the earliest agencies to fight white collar crime?
Two of the earliest administrative agencies created to fight white collar crimes were the Food and Drug Administration and the Securities and Exchange Commission.
Name 2 industries general associated with white collar crime
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.
How are white collar crimes usually described?
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.
How must the government obtain a conviction?
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
What is the punishment for white collar crime?
Punishment for a conviction may involve fines of the business entity and fines or imprisonment of business persons.
What is an important part of being able to avoid criminal behavoir
Being able to read and understand statutory law pertaining to business crime is important for avoiding criminal behavior.
How do you measure white collar crime?
- Cross sectional (official records) 2. Industry specific (official records) and 3. Victimization (measure public’s exposure)
