Exam Flashcards
What factors contribute to deriving white collar crime
Particular circumstances. Progressive era, new deal
Instrumentalist v structuralist
(Elites set specific laws) v. (State is autonomous but laws maintain status quo)
The role of US and state constitutions
Many do not specifically address
The commerce clause of article 1, section 8 of the constitution
Authorizes congress to make laws regulating commerce between states and allowed government to intervene in private business
Marbury v. Madison
Established supremacy of the constitution and the court’s right of judicial review
Product of appellate court opinions
Case law
Regulatory agencies produce state and federal ___.
This court has no jury
Administrative law
Guidelines for regulatory agencies for proposing regulations
Calls for due process
Process where federal courts can review decisions
Administrative procedure act
This act banned any acts that prohibited “full and free competition”
-monopolies-price fixing- several acts passed after-issues with enforcement
Sherman Antitrust Act
Plays larger role
Private, industrial harms
Civil law(tort)
Criminal law
Mens rea
Movement toward imposing corporate criminals liability
The criminal liability of a corporation for the actions of its employees is based on two major theories
Imputation theory and identification theory
Theory, corporations are liable for the intent and acts of its employees on any level in the corporate hierarchy
Imputation theory
Theory, liability is direct in so far as corporate actors are acting on behalf of the corporation
Identification theory
Investigative agencies
The FBI, inspectors General, US. Postal inspection service, US. Secret service, US. Customs service, international revenue service criminal investigative division, U.S. marshals
Regulatory agencies
Food and drug administration, federal trade commission, the securities and exchange commission, environmental protection agency, occupational safety and health administration, consumer product safety commission
Regulations, financial markets
Economic regulation
Regulations, harm to workers/ citizens
Social regulation
What is a theory? What they do?
Formal version of an explanation It attempts to explain a class of events, rather than a specific event.
Societal conditions
Macro
Situational factors
Meso
Propensities/ choices of individuals
Micro
What do theories consider?
Criminality(what makes individuals or organizations commit WC crimes)
crime, or the event itself(motivation, freedom from social constraints, skill, opportunity)
Criminalization(the process things come to be defined as criminal.)
Criminals are inherently different from others, appearance even different. Some criminologist today don’t buy into this but do acknowledge that genetic/brain dysfunction etc may play a role.
Biogenetic explanation.
Personality, mental process, effects of early childhood traumas
Psychological explanation
Eternal conflict between the desires of individual and the needs of civilization.
Defects in the superego, the ego or the Id
Sigmund Freud(Psychological explanation)
Are among the most examined of all psychological explanations of WC crime. Yet there are relatively few studies exploring the relevance of this to WC crime.
-no clear evidence of psychological abnormality,-most offenders appear to fall within the range of normal _____ Types
Personality traits
Behavioral characteristics
Personality
An individual’s nature, especially his/her moral or ethical qualities
Character and identity
Alleged differences in criminal propensities among members of different social classes or groups
Sociogenic framework(sociogenic explanations)
Lack of self control.-low social control is more pronounced among lower-class individuals.(theorist)
Gottfredson and Hirschi(1990)
(Theorist) referred to crimes of people of the upper SES AND crimes of corporations. Attributed human capabilities to corporations. Advanced his theory of differential association as a general theory that could account for both conventional and WC crime.
Sutherland(organizational responsibility)
Criticized Sutherland (His former mentor) for attributing human capabilities to corporations. Insisted corporations are not people, cannot learn, do not have motivations and cannot form intent.
Donald Cressey
Disagreed with Cressey, corporations can take criminal actions be properly held responsible for such actions.
Braithwaite and Fisse
The entire organization is seldom involved. Majority of personnel do not directly participate. Organizations create opportunities for illegal conduct by:generating impersonal transactions,etc
Organizational responsibility
Levels of organizational analysis
Psychological, structural, ecological
Organization is viewed as a context or environment that can influence individuals attitudes and behavior in a criminal direction.
Psychological(type of organizational analysis)
Organizations has structural features and social processes that facilitate the commission of crime.
Structural(organizational analysis)
The organization is part of an environment or interdependent system that has criminogenic tendencies
Ecological(organizational analysis)
Some organizations-Crime coercive v crime facilitators. Theories of corporate crime, -have either attempted to explain why some corporations commit crimes and others do not.- or have addressed the apparent overall increase in corporate illegalities at particular periods of time.
Various dimensions of organizational criminality.
These types of theories emphasize structural factors
Sociological
Focuses either on social conditions or how the distribution of power and resources influences how crime is defined and generated
Structural perspective
Criminals plan, way risk and reward,
Rational choice theory
Also incorporates an assumption of rational decision making in its approach to crime. The theory on crime events as a consequence of the presence of motivated offenders, suitable victims or targets and the absence of a capable guardian.
Routine activities theory
Asks why someone does not engage in criminal behavior. The answer is that people with strong bonds to conventional institutions are constrained from engaging in delinquent or criminal conduct. If this theory was valid then executives would be more likely to engage in corporate crimes on behalf of the corporation.
Social control theory
Theory holds that crime and deviance are a function of the “___ ___ ratio” or the amount of control imposed upon one. So either a surplus of control or a deficit of control should foster criminal behavior and deviance
Control balance theory
Holds that when control over an organization is realized, that organization becomes a weapon for perpetrating fraud and theft.
Control fraud
This theory views criminal behavior as learned through contact with others with a law-violating orientation. Limitations - doesn’t adequately account for structural of illegal patterns of behavior. -confuses a process of involvement in criminal behavior with a cause of such behavior
Differential association theory.
This theory has been principally concerned with the process of societal reaction on perceived crime rather than with the standard etiological question, “What made them do it?”
Labeling theory
Refers to a situation of normlessness
Anomie
Rejects the consensus theory notion of the social world as an organic or integrated system. Concerned with identifying how the values and interests of different groups in society are disproportionately able to influence the character and content of the law.
Conflict theory
