WCC final exam Flashcards
public opinion/perception
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
News Media
US media attention increased from NYT articles and various cartoon responses
Chicken Factory case
Imperial Food Products INC. had padlocks over food, absent sprinklers for fires, and no OSHA inspections
Organizational deviance defining process (definition)
“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
Steps in the organizational deviance defining process
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)
consensus theory
a person who goes 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 to 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
pluralist
constantly shifting alliances of different interest groups vary with each individual issue and that no single group holds a monopoly of power
elite
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
structuralist
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
legislation
influenced by various social, economic, and political factors
conditions of law
laws are more likely to be respected and followed when they are perceived as fair, just, and applicable to all members of society
implementation
influenced by a variety of factors, including resources, bureaucratic structures, and the discretion of law enforcement agencies and officials
populist (people’s) party
focused on resolving manufacturing of agricultural machines, monopoly trusts, and big businesses in general (many were farmers and opposed the Sherman Act)
progressive party
urban, middle class successors to the populists (helped enforce the Clayton Act which restricted anti-competitive practices)
Robinson-Pateman Act
an amendment to the Clayton Act was passed during the Great Depression
Muckrackers
the most successful in attacking the abuses of the food processing industry
types of regulatory commissions and agencies
Securities and Exchange Commission (SEC); Federal Trade Commission (FTC); Environmental Protection Agency (EPA)
administrative sanctions
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
self-regulation
aims to protect the interests of professionals, not the public
civil suits
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
referrals to the justice department
regulatory agencies can ask the justice department to prosecute individual executives, but such requests are relatively rare and seldom result in actual prison sentences
civil sanctions
monetary penalties/injunctions meant to deter further misconduct (fines, damages, restitutions)
policing
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)
prosecution
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)
defense
adds to reluctance of prosecutors because defendants tend to have a far stronger legal defense than street criminals
sentencing
class matters, not status
sentencing guidelines
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)
political process of guideline commission
formation and mandate –> stakeholder engagement –> evidence gathering /analysis –> implementation/monitoring
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)
there were opportunities in their industry/organization/occupation
what role do opportunities and motivations play in a general theory of WCC? provide an example
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
what are examples of different types of WCC? define and describe a case that is a good example for each of these types
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
in what sense can we think of some types of WCC as violent crimes; provide examples
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
what violent WCC have been committed by governments? what are the special conditions of such crimes
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
what special conditions apply when it comes to professionals committing crimes and the control of such crimes?
doctors and lawyers have a lot of authority and trust and ethical obligations when it comes to their patients and clients
roles of regulatory agencies regarding the control of WCC? What procedures can they pursue, include examples
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)
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
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
what is the organizational deviance-defining process and describe as many stages you can remember, then apply them to a case
“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)
comment on the statement “mass media are not interested in reporting about WCC”
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
what are the 3 stages in the work of regulatory agencies?
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)
what is self regulation and what are some if its benefits and problems
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
explain the pull between principles of general deterrence and other considerations with federal judges
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.
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
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.
what did Wheeler’s research find?
what was benson and walker’s response
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
