Marxism (Crimes of the Powerful) Flashcards

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1
Q

How is the reaction to the crimes of the powerful different to that of the wc?

A
  • higher class crime may be less likely to be treated as an offence
  • for higher class crime (eg. serious tax evasion) the CJS takes a more forgiving view
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2
Q

Who first coined the phrase ‘white collar crime’?

A

Sutherland

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3
Q

How is white collar crime defined?

A
  • occupational crime committed by employees for their own personal gain, often against the organisation for which they work
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4
Q

How is corporate crime defined?

A
  • committed by the employees for their organisation in pursuit of goals
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5
Q

Due to the fact that many of the harms caused by the powerful do not break the criminal law, for example, administrative offences. How do Pearce and Tombs address this problem?

A
  • they widen the definition
  • define corporate crime as “any act or omission that is a result of deliberate decisions or culpable negligence… that is intended to benefit the business”
  • includes breaches of civil and administrative law
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6
Q

The Scale and Type of Corporate Crimes

According to Ball, the British public believes benefit fraud is a big problem. How does it compare to tax evasion?

A
  • in 2016, only 0.7% of total benefit expenditure was overpaid due to fraud - £1.2 billion
  • for 2012 HMRC figured £42 billion was lost via tax avoidance and evasion by multi-national corporations and super-rich individuals
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7
Q

The Scale and Type of Corporate Crimes

For every individual pursued by the courts for tax fraud, how many were prosecuted for welfare offences?

A
  • 700 people
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8
Q

The Scale and Type of Corporate Crimes
Pearce comments that both the penalties and likelihood of prosecutions for those involved in corporate crime are relatively small. Why?

A
  • creates impression that extent of corporate crime is minimal
  • revelations of widespread nature of corporate crime would threaten capitalist power
  • purpose is to maintain myth that the law applies equally to the rich and poor
  • state is a neutral body defending the welfare of society
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9
Q

The Scale and Type of Corporate Crimes

What does Snider argue?

A
  • many of the serious and predatory acts in modern industrial countries are corporate crimes
  • corporate crime does more harm
    + costs more in terms of money
    than street crime, which is seen as more serious
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10
Q

The Scale and Type of Corporate Crimes

Corporate crime covers a wide range of acts and omissions. List all 5 and what they include

A
  • financial crimes: tax evasion, bribery, illegal accounting
  • crimes against consumers: false labelling, selling unfit goods
  • crimes against employees: sexual/ racial discrimination, violation of wage laws
  • crimes against the environment: illegal pollution of air, water, land eg. toxic waste dumping
  • state-corporate crime: harms committed when government institutions and businesses co-operate to pursue their goals eg. when working in marketised/ privatised public services
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11
Q

How many work-related deaths does Tombs calculate as being caused by employers breaking the law?

A

1,100

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12
Q

The Abuse of Trust

What does Carrabine et al note?

A
  • high-status professionals are in positions of trust and respectability
  • we entrust them with our finances, health, security, personal information
  • however, this gives them opportunity to abuse this trust
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13
Q

Give an example of an abuse of trust

A
  • tax avoidance scheme devised by accountant Ernst and Young for wealthy clients was unacceptable
  • the scheme could have cost the taxpayer over £300 million a year
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14
Q

The Abuse of Trust

How can accountants and lawyers be useful to criminal organisations?

A
  • employed to launder criminal funds into legitimate business
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15
Q

The Abuse of Trust

How has the status, expertise and autonomy of health professionals provided scope for criminal activity?

A
  • UK dentists have claimed payments from the NHS for treatments not carried out
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16
Q

The Abuse of Trust

What does Sutherland conclude about corporate crime?

A
  • crimes of this kind violate the trust that society places in professionals
  • it promotes cynicism and distrust of basic social institutions and undermines the fabric of society
17
Q

The Invisibility of Corporate Crime

List the 5 reasons why corporate crime is often relatively invisible/ often not seen as ‘real’ crime

A
  • the media
  • lack of political will to tackle corporate crime
  • the crimes are often complex
  • de-labelling
  • under-reporting
18
Q

The Invisibility of Corporate Crime

How does the media contribute to the invisibility of corporate crime?

A
  • reinforces the stereotype that crime is a wc phenomenon by giving limited coverage to corporate crime
  • neutralise its severity by using sanitised language to describe it as a technical infringement rather than a crime
19
Q

The Invisibility of Corporate Crime

How does the lack of political will to combat corporate crime contribute to the invisibility of corporate crime?

A
  • focus is placed on street crime

- Home Office uses crime surveys to discover true extent of ‘ordinary’ crime but not corporate

20
Q

The Invisibility of Corporate Crime

How does the fact that the crimes are often complex contribute to the invisibility of corporate crime?

A
  • law enforcers are often understaffed, under-resourced, lacking technical expertise to investigate effectively
21
Q

The Invisibility of Corporate Crime

How does de-labelling contribute to the invisibility of corporate crime?

A
  • corporate crime is consistently filtered out of the process of criminalisation
  • investigation and prosecutions are limited
  • offences are often defined as civil not criminal
  • penalties are often fines rather than a custodial sentence
22
Q

The Invisibility of Corporate Crime

How does under-reporting contribute to the invisibility of corporate crime?

A
  • often the victim is society at large/ the environment rather than an identifiable individual
  • even when an individual has been victimised they may not be aware of this or regard it as a ‘real’ crime
  • victim may feel powerless against a big organisation and so may never report
23
Q

Partial visibility

How has corporate crime become more exposed?

A
  • since financial crisis of 2008 corporate crime has become more visible as a result of campaigns against corporate tax avoidance
  • neoliberal policies such as marketisation and privatisation of public services mean that large corporation are much more involved in people’s lives and therefore more exposed to scrutiny
24
Q

(NOT GOING INTO ANY DETAIL) What four areas have been identified to explain corporate crime?

A
  • strain theory
  • differential association
  • labelling theory
  • marxism
25
Q

How are the explanations of corporate crime criticised (2)?

A
  • theories overstate the amount of corporate crime, highlighting that most are law abiding and ethical
  • they fail to explain crime in non-profit making organisations eg. police, army, civil service ie. NHS