NCJ Number
64448
Journal
Questione Criminale Volume: 4 Issue: 1 Dated: (JANUARY-APRIL 1978) Pages: 63-100
Date Published
1978
Length
35 pages
Annotation
RADICAL THEORIES OF SOCIAL CONTROL AND CRIMINOLOGY ARE USED TO EXPLAIN RECENT FRENCH COURT DECISIONS REVEALING AMBIGUITIES IN THE JUDICIAL ESTABLISHMENT'S ATTITUDES TOWARD CORPORATE CRIMINAL LIABILITY.
Abstract
BECAUSE OF WIDELY PUBLICIZED POLITICAL AND BUSINESS SCANDALS AND PRESSURE FROM CONSUMER ADVOCATES AND OTHER CITIZENS' GROUPS THE JUDICIAL ESTABLISHMENT IS GIVING THE APPEARANCE OF VIGOROUSLY PROSECUTING WHITE COLLAR CRIMINALS, NO MATTER HOW PROMINENT AND HIGHLY PLACED. INDIVIDUAL COMPANY EXECUTIVES, PROFESSIONALS, AND INDEPENDENT BUSINESSMEN ARE HELD LIABLE FOR ILLEGAL BUSINESS PRACTICES, BOTH CORPORATE AND INDIVIDUAL. SOME ARE EVEN IMPRISONED. THUS, THE CRIMINAL JUSTICE SYSTEM PROJECTS AN IMAGE OF IMPARTIAL JUSTICE TOWARD CORPORATION PRESIDENTS AND SMALL-TIME PICKPOCKETS ALIKE. THE PUBLIC IS APPEASED BY THESE RITUALISTIC SACRIFICES OF A FEW SCAPEGOATS, BUT THE DOMINANT CLASSES REMAIN FIRMLY IN CONTROL. IT WOULD BE SIMPLISTIC, TO STATE THAT POLICE AND JUDICIAL OFFICIALS CONSPIRE TO HOODWINK THE PUBLIC WHENEVER A DEFENDANT IS TRIED ON A BUSINESS CRIME, BECAUSE THE TRUTH IS FAR MORE COMPLEX. THE EXISTING CRIMINAL LAWS AND PENAL CODES ARE HANDBOOKS FOR MANUFACTURING A FINISHED PRODUCT, THE CRIMINAL WHO HAS BEEN TRIED, FOUND GUILTY, AND SENTENCED. BUSINESS CORPORATIONS DO NOT LEND THEMSELVES TO THIS PROCESS, BEING DISEMBODIED ENTITIES, TOO ELUSIVE AND IMPERSONAL TO SERVE AS PHYSICAL PROSECUTION TARGETS. THEREFORE, ONE OR MORE HUMAN BEINGS BECOME THE PALPABLE EMBODIMENTS OF THE ORGANIZATIONS THEY REPRESENT. POLICE OFFICIALS, RELUCTANT TO PURSUE INTRICATE AND DOUBTBUL CASES, AIM FOR 'BEAUTIFUL CONVICTIONS,' AND BRING BEFORE THE COURTS CLEARCUT CASES, IN WHICH RESPONSIBILITIES CAN BE PLACED ON INDIVIDUAL DEFENDANTS. FOR THESE REASONS, INDIVIDUAL BUSINESSMEN ARE ARRESTED, TRIED, AND SOMETIMES CONVICTED AND SENTENCED, WHILE THE BUSINESS STRUCTURES OF WHICH THEY ARE PART ARE NEVER SERIOUSLY QUESTIONED. ALL MEMBERS OF THE JUDICIAL ESTABLISHMENT ARE UNITED IN THEIR PRETENSE THAT A FEW 'BAD APPLES' OR DISHONEST BUSINESSMEN DO NOT INVALIDATE THE BASICALLY SOUND CAPITALIST SYSTEM. --IN ITALIAN.