CRIM 1650 Study Guide - Fall 2018, Comprehensive Midterm Notes - Criminal Justice, Canada, Criminal Law

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CRIM 1650
MIDTERM EXAM
STUDY GUIDE
Fall 2018
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Corporate and White-Collar Crime February 14th 2017
Noralizatio of Deiae:
1. Crie, la, ad poer
2. Ability of corporations to normalize their activities and resist or avoid the application of
criminal law
- Resist application of law to normalize deviance
- Laundering of corporate criminality
3. Normalization of deviance as a reflection of corporate influence on both the formation
and enforcement of law
- Passage of legislation: Ability to not introduce or establish laws
- Enforced/Implementation: not introduce or establish law but to control and resist
the activates of regulatory agencies
4. Language of corporate wrongdoing and the flexibility of law
- 2 descriptors to distinguish between activates: criminal or no criminal
- availability of range of descriptors to explain other misdeeds
o Refer to them as unethical
o Corporate crimes distinguished as offences
o Several legal options:
Criminal
Civil
Regulatory
Ethical Violation
o Corporate misdeeds are sometimes less criminal
5. De-criminalization of corporate rie: ojetie har s pereied har
- Objective Harm: High
o
- Perceived Harm: Low
White-Collar vs Corporate Crime
1. White-Collar Oupatioal Crie: a riial at oitted i ourse of oe’s
occupation for the benefit of the individual
- Misappropriation of funds fake eployer’s salary into a perso’s account
2. Corporate (Organizational) Crime:
- A criminal act committed in the course of organizational activities for the benefit
of the corporation
3. Economic Crime:
- Economic or financial nature perpetrated by individuals and/or groups
independently of a specific occupational role or organizational function
o Receive financial bonus if employee hits targets
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4.
Barriers to Definition and Measurements
1. Defiig orporate rie: the “utherlad-Tappan Debate
- “utherlad itrodued ter corporate crimes
o Attempt to study violation of American corporations
980 legal decisions involving 70 of highest US corporations
16% were of 168 were wrong doings rest were taken care of
779 could be researched as crimes not just the 168
- Wanted a broader explanation of crime introduced white collar crime
o 2 criteria:
act must be legally prohibited sanction
Act covered by a legal penalty penalty
Most important was the crime not the penalty
- Paulo Tappan: cannot be accused of crime unless found guilty by courts legal
approach
2. Harful s Illegal: Corporate Har as Corporate Crie
- Use term harm not crime
3. Absence of Reliable Data
- Very little data on corporate crimes UCR no data
- Sources: Media, Employees/whistleblowers, consumer complaints, regulatory
agencies (Environment Canada)
-
4. Lack of Research Funding
Decriminalization/disappearance of Corporate Crime:
- Changing crimes to minor crimes
- Removal of regulatory laws
- Downsizing
Objective Harm:
1. Harms against consumers
- Production pricing and representation
- Product quality and safety
2. Harms against the economy
- Strategies of misrepresentation abusive or manipulative accounting practices
(remove debt or to artificially inflate revenue)
- Strategies of evasion and avoidance
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CRIM 1650 Full Course Notes
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Document Summary

Corporate and white-collar crime (cid:862)nor(cid:373)alizatio(cid:374) of de(cid:448)ia(cid:374)(cid:272)e(cid:863): (cid:862)cri(cid:373)e(cid:863), la(cid:449), a(cid:374)d po(cid:449)er, ability of corporations to normalize their activities and resist or avoid the application of criminal law. Resist application of law to normalize deviance. Laundering of corporate criminality: normalization of deviance as a reflection of corporate influence on both the formation and enforcement of law. Passage of legislation: ability to not introduce or establish laws. Enforced/implementation: not introduce or establish law but to control and resist the activates of regulatory agencies: language of corporate wrongdoing and the flexibility of law. 2 descriptors to distinguish between activates: criminal or no criminal. White-collar vs corporate crime: white-collar (cid:894)o(cid:272)(cid:272)upatio(cid:374)al(cid:895) cri(cid:373)e: a (cid:272)ri(cid:373)i(cid:374)al a(cid:272)t (cid:272)o(cid:373)(cid:373)itted i(cid:374) (cid:272)ourse of o(cid:374)e"s occupation for the benefit of the individual. Misappropriation of funds fake e(cid:373)ployer"s salary into a perso(cid:374)"s account: corporate (organizational) crime: A criminal act committed in the course of organizational activities for the benefit of the corporation: economic crime:

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