Crimes of the Powerful Flashcards
What is white collar crime?
A crime committed by a person of respectability and high social status in the course of his [sic] occupation
What are the key characteristics of white collar crime?
Identity of the offender and professional nature of the offence
What are the characteristics of white collar crime?
Generally takes place in private
‘Offenders’ usually legitimately present at the scene
Tends to involve and abuse of trust inherent in role
Often involves some form of insider knowledge
Often no complainant
Generally no immediate physical threat
Determining responsibility problematic
Tends to have ambiguous legal and criminal status
What are the different types of white collar crime?
Employee pilfering and theft
Fraud
Negligence resulting in death or injury
Bribery
Embezzlement
Computer crime
Insider trading
What is crime also confined in?
Not confined to infractions of criminal law but also civil law
What does criminal law deal with?
Behaviour that is or can be construed as an offence against the safety and stability of society or the state
What is the aim of criminal law?
Punishment and detterence
What does civil law deal with?
Disputes that result in an injury or loss to an individual or other private party, such as a corporation
What is the aim of civil law?
Compensation
What are the causes of white collar crime?
Differential association
Competitive personality
Dominant traits
Psychopathy
Techniques of neutralisation
Lack of criminalisation
What is limited liability?
Corporations rather than owners are held accountable
Who owns a corporation?
Shareholders who appoint a board of directors
What is the legal duty of a corporation?
To protect and advance interests of shareholders above all else
Is corporate crime organisational or individual?
Organisational
What does corporate crime include?
Acts of commission or omission
What are examples of corporate violence?
Unsafe work practices/places
Pollution/environmental damage
Unsafe products
What are examples of corporate theft?
Underpaying workers
Price fixing
What are example of externalised crime and their harm?
External costs related to greenhouse gases causing climate change
External costs of conventional air pollutants and toxic
substances
External costs of leachate to soil and water
External effects of the impact of facilities on local environment
What does the distance between owners, directors, executives and workers result in?
Indifference
Lack of transparency and ‘wilful blindness’
Diffusion of responsibility
What is a prolific case study of corporate crime?
The Volkswagen emissions scandal
What are the criminogenic variables?
Structure
Culture
Personality/Identity
Why do corporations offend?
Often cheaper to face prosecution than operate safely
What does Corporate Social Responsibility promote?
The idea of self-regulation through the triple bottom line
How much money was spent in corporate lobbying?
$2.6 billion AUSD
