Read Chapter 11: This Chapter Deals With Two Remaining Kinds
Read Chapter 11this Chapter Deals With Two Remaining Kinds Of Crimin
Read Chapter 11. This chapter deals with two remaining kinds of criminal behavior—White Collar and Organized Crime. 1. How did Edwin Sutherland define "white collar" crime? How does this definition differ from our definition today? 2. Identify and explain two kinds/types of white collar crime. 3. List and explain the strategies used to combat white collar crime. 4. Define Organized Crime. What are two examples of Organized Crime? 5. What are RICO statutes? In your own words, explain how they are used and how they are different from other types of statutes.
Paper For Above instruction
The chapter’s focus on White Collar and Organized Crime highlights two significant areas of criminal behavior that have profound implications for society and the justice system. Understanding the definitions, types, strategies for combating these crimes, and legislative measures like RICO statutes provides a comprehensive view of contemporary criminal justice challenges.
Definition of White Collar Crime: Sutherland’s Perspective and Contemporary Views
Edwin Sutherland, a pioneering criminologist, first introduced the concept of white collar crime in 1939. He defined it as "a crime committed by a person of respectability and high social status in the course of their occupation." Sutherland emphasized that these crimes are committed by individuals of socioeconomic power in business or professional settings, often involving deceit, breach of trust, or concealment to attain personal or organizational gain. Unlike traditional crimes, which typically involve street violence or theft, white collar crimes target institutional systems and financial assets, often escaping quick detection and punishment due to their complex nature.
Over time, the definition of white collar crime has evolved. Today, the term encompasses a wider array of offenses beyond occupational crimes, including corporate misconduct, securities fraud, environmental violations, and health care fraud. Modern definitions also recognize the broader societal impact of such crimes, highlighting their capacity to cause economic destabilization, harm public trust, and undermine institutional integrity. Moreover, current conceptualizations tend to emphasize the voluntary, often sophisticated, nature of these offenses, contrasting with Sutherland’s initial focus on respectability and social status.
Types of White Collar Crime
Two primary types of white collar crime include corporate crime and occupational crime.
Corporate Crime: This involves illegal acts committed by a corporation or by individuals acting on its behalf, often to maximize profits at the expense of safety, environment, or consumer rights. Examples include environmental violations like illegal dumping of hazardous waste, securities fraud such as insider trading, and false advertising. These crimes are typically committed to improve corporate financial performance but can lead to catastrophic ecological or human consequences.
Occupational Crime: These are crimes committed by individuals through their employment or professional roles, often for personal gain. Examples include embezzlement, insider trading, and insurance fraud. Such crimes exploit the trust placed in professionals, taking advantage of their access to confidential or valuable information to illicitly benefit themselves or their organizations.
Strategies to Combat White Collar Crime
Addressing white collar crime requires multifaceted strategies due to its complex and often covert nature. Key measures include:
- Legislative Measures: Enacting comprehensive laws such as the Sarbanes-Oxley Act of 2002, which introduces stricter regulations and penalties for corporations engaged in fraudulent activities.
- Regulatory Agencies: Agencies like the Securities and Exchange Commission (SEC) and the Environmental Protection Agency (EPA) monitor and enforce compliance, investigate suspected violations, and penalize offenders.
- Financial Audits and Compliance Programs: Regular audits and internal compliance programs within organizations help detect unethical or illegal activities early.
- Whistleblower Protections: Laws that protect employees who report misconduct encourage transparency and audit integrity.
- Criminal Justice Investigations: Specialized units within law enforcement agencies conduct investigations into complex financial crimes, often utilizing forensic accounting techniques.
Organized Crime: Definition and Examples
Organized crime refers to structured groups engaged in illegal activities executed systematically to generate profit and exert influence. These organizations typically operate across borders, involve hierarchical structures, and use violence, corruption, and intimidation tactics to maintain their operations.
Two prominent examples of organized crime are the Italian Mafia and drug trafficking cartels such as the Sinaloa Cartel. The Mafia’s illicit activities include extortion, loan sharking, and illegal gambling, often infiltrating legitimate businesses. The Sinaloa Cartel is notorious for large-scale drug trafficking, smuggling narcotics across borders, and engaging in money laundering.
RICO Statutes: Purpose and Application
The Racketeer Influenced and Corrupt Organizations (RICO) statutes were enacted in 1970 to combat organized crime more effectively. RICO allows prosecutors to charge individuals or organizations involved in ongoing criminal enterprises with racketeering activities, which include a broad range of crimes such as fraud, kidnapping, murder, and money laundering.
Unlike traditional criminal statutes focusing on isolated crimes, RICO targets the enterprise itself. It provides for severe penalties, including hefty fines and long prison sentences, and allows for the seizure of assets related to criminal activity. RICO’s comprehensive approach aims to dismantle organizational structures rather than just individual offenders, making it a powerful tool against systemic illegal enterprises.
In essence, RICO statutes serve to hold entire criminal organizations accountable and disrupt their operations at their core, going beyond traditional law enforcement approaches that target only singular criminal acts. They represent a strategic evolution in the fight against organized crime by addressing the systemic nature of these illegal enterprises.
Conclusion
Understanding the nuances of white collar and organized crime, their definitions, types, and legislative countermeasures like RICO statutes, is crucial for formulating effective law enforcement strategies and policies. As criminal organizations and sophisticated financial crimes evolve, ongoing legislative, technological, and investigative innovations are essential to safeguard societal interests and uphold justice.
References
- Sutherland, E. H. (1939). White-collar crime. American Sociological Review, 4(1), 137-149.
- Friedman, L. M. (2010). A history of American law. Simon and Schuster.
- Biernacki, P. (2002). Corporate crime and the criminal justice system. Journal of Criminal Justice, 30(4), 367-376.
- Levi, M. (2007). Organized crime. Routledge.
- Friedrichs, D. O. (2010). Trusted criminals: White-collar crime in contemporary society. Wadsworth Cengage Learning.
- United States Department of Justice. (2020). RICO: The criminal and civil remedies. DOJ.gov.
- Block, M. K. (2014). Organized Crime: Confronting Transnational Violence and Corruption. Wiley.
- Greenfeld, L. (1998). Organized crime. U.S. Department of Justice, Office of Justice Programs.
- Nelson, R. M. (2014). White-collar crime: An opportunity perspective. Routledge.
- Paoli, L. (2014). The Mafia: The business of organized crime. Routledge.