WCC final exam

Question 1

public opinion/perception

Answer 1

general mistrust but past research shows less concern with organizational crime because of its focus on crimes with economic impact AND the public is much more concerned when the consequences are violent

Question 2

News Media

Answer 2

US media attention increased from NYT articles and various cartoon responses

Question 3

Chicken Factory case

Answer 3

Imperial Food Products INC. had padlocks over food, absent sprinklers for fires, and no OSHA inspections

Question 4

Organizational deviance defining process (definition)

Answer 4

“For deviance to become recognized as a social fact, somebody must perceive an act, situation, or event as a departure from social norms, must categorize that perception, must report that perception to others, must get them to accept this definition of the situation, and must obtain a response that conforms to their definition. Unless all these requirements are met, deviance as a recognized social fact doesn’t come into being

Question 5

Steps in the organizational deviance defining process

Answer 5

1) organizational accused (consider asymmetries)
2) organizational responses (defense, settle out of court)
3) goodwill (PR campaigns, language)
4) alertvnative accounts (neutralizations: denial of injury; scapegoating; condemnation of the condemners)
5) responses by audiences (public, law, legislature)
6) punishment (rare; organization, individual)

Question 6

consensus theory

Answer 6

a person who goes against the majority agreement in values, norms, and behaviors is considered deviant

Question 7

functionalist theory

Answer 7

argues deviant behavior plays a constructive part in society as it brings together different parts of the population within a society

Question 8

conflict theory

Answer 8

the idea that societal structures and power differentials contribute to criminal behavior among the elite or privileged classes

Question 9

structuralist theory

Answer 9

emphasizes how the characteristics of a particular social structure or organization can influence the likelihood of WCC occurring

Question 10

pluralist

Answer 10

constantly shifting alliances of different interest groups vary with each individual issue and that no single group holds a monopoly of power

Question 11

elite

Answer 11

the government is controlled by a more or less unified “power elite” or ruling class, composed primarily of those with great wealth and or key positions in the corporate power structure (states that WCC is symbolic gestures intended to allay public discontent without threatening elite powers)
- elites have so much power that legislative proposals hat threaten its domination are never given serious attention

Question 12

structuralist

Answer 12

sees the legal system as a reflection of the interests of a small elite; thus, the government may enact environmental or regulatory legislation opposed by the elite in order to head off mass discontent that would threaten overall stability of the system

Question 13

legislation

Answer 13

influenced by various social, economic, and political factors

Question 14

conditions of law

Answer 14

laws are more likely to be respected and followed when they are perceived as fair, just, and applicable to all members of society

Question 15

implementation

Answer 15

influenced by a variety of factors, including resources, bureaucratic structures, and the discretion of law enforcement agencies and officials

Question 16

populist (people’s) party

Answer 16

focused on resolving manufacturing of agricultural machines, monopoly trusts, and big businesses in general (many were farmers and opposed the Sherman Act)

Question 17

progressive party

Answer 17

urban, middle class successors to the populists (helped enforce the Clayton Act which restricted anti-competitive practices)

Question 18

Robinson-Pateman Act

Answer 18

an amendment to the Clayton Act was passed during the Great Depression

Question 19

Muckrackers

Answer 19

the most successful in attacking the abuses of the food processing industry

Question 20

types of regulatory commissions and agencies

Answer 20

Securities and Exchange Commission (SEC); Federal Trade Commission (FTC); Environmental Protection Agency (EPA)

Question 21

administrative sanctions

Answer 21

many professions have self-regulations; ex: local bar associations are responsible for processing complaints and initiating investigations of misconduct
ex: medical regulations lie with each state’s board of medical examiners

Question 22

self-regulation

Answer 22

aims to protect the interests of professionals, not the public

Question 23

civil suits

Answer 23

lawsuits generated by WCC are usually aimed at the violators or the regulatory agencies
ex: the EPA has been sued repeatedly by environmentalists seeking tougher action and by polluters seeking the opposite

Question 24

referrals to the justice department

Answer 24

regulatory agencies can ask the justice department to prosecute individual executives, but such requests are relatively rare and seldom result in actual prison sentences

Question 25

civil sanctions

Answer 25

monetary penalties/injunctions meant to deter further misconduct (fines, damages, restitutions)

Question 26

policing

Answer 26

much less impact on the problem of WCC, as much WCC transcend local and state boundaries – police departments are also too small and not prepared to deal with WCC (primary jurisdiction usually rests with the federal government)

Question 27

prosecution

Answer 27

bulk of WCC investigation is dealt with by prosecution offices, but there is lack of sufficient staff and resources (political influence of big corporations can also divert attention to smaller cases)

Question 28

defense

Answer 28

adds to reluctance of prosecutors because defendants tend to have a far stronger legal defense than street criminals

Question 29

sentencing

Answer 29

class matters, not status

Question 30

sentencing guidelines

Answer 30

goal is to ensure other sanctions; prevent recidivism
mandatory conditions include: no further crime, fines, restitution, community service, court oversight (reporting finances and unannounced audits)

Question 31

political process of guideline commission

Answer 31

formation and mandate –> stakeholder engagement –> evidence gathering /analysis –> implementation/monitoring

Question 32

how can we explain crime committed by offenders who live a comfortable life style (as opposed to crimes committed by offenders who live in conditions of extreme deprivation)

Answer 32

there were opportunities in their industry/organization/occupation

Question 33

what role do opportunities and motivations play in a general theory of WCC? provide an example

Answer 33

motivations are a set of socially created symbolic constructs that define certain goals as appropriate and desirable while opportunities (such as career advancement or job pressure)
opportunities are situations that make it possible for people to commit WCC (lack of regulatory environments, weak internal controls)
Ex: ENRON had the opportunity to create loopholes to make abnormal profits in order to inflate the company’s revenue

Question 34

what are examples of different types of WCC? define and describe a case that is a good example for each of these types

Answer 34

bid rigging (Heavy Electric Case): when companies conspire to manipulate the outcome of a bidding process in their favor
false advertising (Barry Minkow): misleading or untrue claims in order to manipulate

Question 35

in what sense can we think of some types of WCC as violent crimes; provide examples

Answer 35

when there are dangerous products involved and lack of regulatory agencies that protect workers.
ex: Ford Pinto – faulty designs to be more cost effective resulted in many burn victims
ex: adulterated food and the meatpacking industry – sold spoiled meat and there were cases where workers would die and their remains would end up in the food

Question 36

what violent WCC have been committed by governments? what are the special conditions of such crimes

Answer 36

Apartheid torture (assault, indecent acts, maltreatment)
Holocaust (genocide of 6 million Jews)
governments have significant authority and power which can be abused for personal gains and to manipulate laws and regulations

Question 37

what special conditions apply when it comes to professionals committing crimes and the control of such crimes?

Answer 37

doctors and lawyers have a lot of authority and trust and ethical obligations when it comes to their patients and clients

Question 38

roles of regulatory agencies regarding the control of WCC? What procedures can they pursue, include examples

Answer 38

they issue rules and regulations for specific organizations to promote fair trade, protect customers, consumers, and workers (FDA, EPA, OSHA). They can ask the justice department to prosecute individual executives and they can place sanctions on corporations and companies. (part of the legislative branch)

Question 39

describe the four different sociological theories of law making; describe one of the following areas of legislation; examine which of the four theories is best suited to explain how law developed in this realm: theft/larceny, protecting markets, imposing criminal sanctions on corporations, protecting consumers, protecting democracy and workers

Answer 39

consensus theory (those who go against the majority agreement in values, norms, and behaviors is considered deviant)
functionalist theory (argues deviant behavior plays a constructive part in society as it brings together different parts of the population within a society
conflict theory (the idea that societal structures and power differentials contribute too criminal behavior among the elite or privileged classes)
structuralist theory (emphasizes how the characteristics of a particular social structure or organization can influence the likelihood of WCC occurring)
structuralist theory is best suited because it emphasizes what factors influence WCC such as larceny

Question 40

what is the organizational deviance-defining process and describe as many stages you can remember, then apply them to a case

Answer 40

“For deviance to become recognized as a social fact, somebody must perceive an act, situation, or event as a departure from social norms, must categorize that perception, must report that perception to others, must get them to accept this definition of the situation, and must obtain a response that conforms to their definition. Unless all these requirements are met, deviance as a recognized social fact doesn’t come into being”
1) organizational accused (consider asymmetries)
2) organizational responses (defense, settle out of court)
3) goodwill (PR campaigns, language)
4) alternative accounts (neutralizations: denial of injury; scapegoating; condemnation of the condemners)
5) responses by audiences (public, law, legislature)
6) punishment (rare; organization, individual)

Question 41

comment on the statement “mass media are not interested in reporting about WCC”

Answer 41

various mass medias are interested in reporting about WCC; such as NYT articles and outlets featuring comics and cartoons
the media outlets that report on WCC heightened Americans perceptions and cares about WCC

Question 42

what are the 3 stages in the work of regulatory agencies?

Answer 42

rule making (develop rules and regulations to implement laws passed by the legislature); enforcement (enforce the rules and regulations established); monitoring and evaluation (collect data and evaluate whether various corporations are following the enforcements)

Question 43

what is self regulation and what are some if its benefits and problems

Answer 43

self regulation is when organizations or industries establish and adhere to their own standards and guidelines (ex: state boards overseeing lawyers)
benefits: industry expertise
problems: lack of accountability

Question 44

explain the pull between principles of general deterrence and other considerations with federal judges

Answer 44

political influence of big corporations can divert federal judge’s attentions to other cases. judges must take into account all characteristics of cases in order to provide proper sentencing; however, sentencing guidelines affect the judges decision when understanding the need for deterrence.

Question 45

how would you characterize the development of corporate sentencing guidelines? include some basic shifts and tell us if the process reflects elite vs democracy at work approaches

Answer 45

goals; mandatory conditions; discretionary conditions; significance. these all determines he development of sentencing guidelines. discretionary conditions (publicity in media and prevention plans) reflects democracy at work rather than elites, as this benefits the general public rather than the elitist few.

Question 46

what did Wheeler’s research find?
what was benson and walker’s response

Answer 46

interviews with 51 federal judges found a strong belief in general deterrence for WCC
shaming and rational actors lead to harsh sentences
benson found that in less urbanized and bureaucratized areas had a less focus on WCC