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JSB170 Week 11 Exam Revision.docx

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Department
Law
Course
JSB170
Professor
Unknown
Semester
Fall

Description
Week 11 Exam Revision – White Collar and Eco Crime Eco Crime  White (2011:3) - ‘unauthorised acts or omissions that are against the law and therefore subject to criminal prosecution and criminal sanctions’  Transnational Environmental Crime: o Illegal trade of endangered wildlife species o Illegal logging o Illegal trade of ozone-depleting substances o Illegal dumping, trade and transport of waste and hazardous substances o Illegal, unregulated and unreported fishing Green Criminology  Combines environmental science with law, criminology, sociology, politics and cultural studies.  Examines state and corporal exploitation of the natural environment. Harding, R. (1983) ‘Nuclear Energy and The Destiny of Mankind – Some Criminological Perspectives’:  ‘...criminology is in danger of running into a dead end. Its non-contribution to the most important issue facing civilization is shocking....’ • ‘What can criminology and criminologists do to decrease the chances of the extinction of mankind and the destruction of the planet.’ • ‘...criminologists have the ability to set an agenda for the 80s, one whose principal item is to save mankind from extinction and to preserve the frame of life. This terrible challenge is before us; it is our responsibility to accept it’. Nye (2004:5) refers to a ‘soft power’, or ‘an ability to shape the preferences of others’. For Palmer and Cox (2010) it is a form of ambassadorial power based on persuasion, charm and diplomacy. Tombs and Whyte (2009:156) refer to as ‘covert power’. For them, it is a power that ‘works through the more general shaping of peoples’ perception…it works most effectively where it does not seem to be present at all’. Violence: • Jamil Salmi (2004:56) not just riots, assaults, wars but ‘violence is any act that threatens a person’s physical or psychological integrity’. • ‘Mediated violence’ and ‘violence by omission’ – environmental pollutants (asbestos) • ‘Repressive violence’ – incarceration of human rights activists. (Liu Xiaobo) • ‘Alienating violence’ that denies people the right ‘psychological, emotional cultural and intellectual integrity’ Harm:  Not just physical but psychological, emotional etc. and ENVIRONMENTAL  As Halsey and White (1998) have noted ‘environmental harm’ is often publicly and politically accepted as necessary for maintaining human well-being. Reasons for Environmental Crime:  Results of greed and power, profit gained from illegal environmental actions  Often because of ignorance – lack of awareness of laws and impacts  Hayman and Brack (2002) provide three reasons why people intentionally breach environmental laws: o Supply and demand – there is a market and potential profit o Poor regulation and policing - o Insignificant penalties – i.e. not deterrence White Collar Crime “Crime committed by a person of respectability and high social status in the course of his occupation.” - Edwin Sutherland 1949, 9 Edwin Sutherland • First to define white collar crime • Want
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