Class Notes (838,095)
Canada (510,678)
Criminology (475)
CC212 (16)
Lecture 12

CC212 Lecture 12: CC 212 week 12

8 Pages
Unlock Document

Christopher Anderson

CC 212 WEEK 12 Why the difference? • Criminal trials: loss of freedom, asset forfeiture, loss of social status, stigma – trying to bring them down to the regular person’s financial level • Civil trials: financial loss, forfeiture laws Who prosecutes in US? • United states attorney (general) • Criminal division of US Dept. of Justice oversees 300 federal laws • Other law enforcement agencies • Not enforced Use of prison for WCC • Problem of deterrence and WCC – they tend to offend, pay a fine then keep on doing the same thing • WCCs have more to lose • Demographics of WCCs • 9/11 had a big impact on WCC, more resources went towards homeland security instead of WCC Criminal law and corporations • Why low deterrence? Not consistent: the acts and laws aren’t easily identifiable and clear • Focus on street crime instead • Inconsistency in terms of coverage • Problems with law enforcement investigations of WCC Is it moral or criminal? • Role of legitimacy of the law – public doesn’t see the law as effective or legitimate • Braithwaite (1985) sees excessive law as backfiring, WCCs are more resentful of the law • “this is how business is done” – WCCs say this isn’t something the law should be involved in Is there a flaw in corporations that make them criminal? • Problem of profit motive • Amoral calculations: morality does not play into thinking • Problem of collective action in WCC • Problem of culpability in WCC Normalization of deviance (Vaughan, 1996) • Culture of corporation normalizes and rationalizes risk and danger • Criminal penalties are hard to impose • Stigma is short lived (Ford still sells cars after the Pinto case) Problems with civil courts • Victims prefer civil actions • Government agencies • Criminal law: what criminal acts occur • Civil law: based on rights and obligations of persons • Civil: more practical when evidence is weak • Less burden of proof needed, doesn’t need beyond a reasonable doubt Criminal law: when is it preferred? • Cases of public outrage • When responsibility is clear-cut case • Enron and WorldCom: had public outrage and loss of life savings to investors Results of Tort law and WCC • Deals with loss • Problems with initial financial loss, but corporation can recover • Time lapse between exposure and injury: problems with awards by courts Deterrence through tort law? YES • Punishment is more certain with civil law • Economic costs are high • Job loss of the victimizers Deterrence with tort law? NO • Judgements are small compared to annual profits • Out of court settlements (gag orders) – leads to nobody knowing about the incident, not public record • Are people punished when fine paid by corporation? • Some judgements are never paid (bankruptcy protection) Other problems with prosecuting WCC • Cost of criminal cases • Documentary format: what gets destroyed? • Encryption problems Problems with sentencing WCCs • Many have no prior convictions • Are good citizens with low risk for re-offending • WCCs may appear to have suffered loss of job, social status, loss of share price, loss of assets Recent proposed changes to mens rea laws (US) • Acts: actus reas • Mental state: mens rea • Under new rules, prosecutors would have to prove defendant knew they did it and it was prohibited • WCCs could claim ignorance of the law, weaker enforcement of regulatory laws, increased litigation with uncertainty of conviction New types: introduction • Technology facilitates new forms of WCC • Internet, skype, etc. • Ex. Send money to get your inheritance from rich Nigerian uncle Computer hackers and WCC • Work by Pontell and Rosoff point to old types of WCC being perfected by computers • Examples: identity theft can now be done online, online banking Teens and WCC • New field called white collar delinquency – teens stealing money online • Computer Fraud and Abuse Act (US) covers harm to institution and people (over $5k) • Under 5k isn’t taken seriously What types of harm occurs? • Harm to businesses, computer systems • Harm to people • Viruses: lost time • Breached security codes, classified information What is lost annually? • Difficult to estimate • Problem with disclosure from victims Case examples
More Less

Related notes for CC212

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.