CORPORATE CRIME AND SOCIAL STRUCTURE (FROM TWO FACES OF DEVIANCE - CRIMES OF THE POWERLESS AND POWERFUL, 1978, BY PAUL R WILSON AND JOHN BRAITHWAITE - SEE NCJ-62117)

• NCJ Number: 62123
• Author(s): A SUTTON; R WILD
• Date Published: 1978
• Length: 22 pages
• Corporate Author: University of Queensland Press
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

TWO THEORIES OF WHY THE AUSTRALIAN CRIMINAL JUSTICE SYSTEM DEALS MORE LENIENTLY WITH CORPORATE CRIME THAN WITH OTHER CRIMES ARE EXAMINED CRITICALLY; AN ALTERNATIVE THEORY IS PROPOSED.

Abstract

SUTHERLAND'S THEORY IS THAT THE POWER, WEALTH, OR STATUS OF CORPORATE CRIMINALS TENDS TO UNDERMINE THE IMPARTIALITY OF CRIMINAL JUSTICE ADMINISTRATORS AND THEREFORE RESULTS IN MORE LENIENT TREATMENT FOR WHITE-COLLAR CRIMINALS THAN FOR OTHER CRIMINALS. ANALYSES BY NADER GROUPS HAVE REACHED SIMILAR CONCLUSIONS. DATA FROM GREAT BRITAIN AND THE U.S., HOWEVER, INDICATE THAT THIS THEORY'S IMPLIED CRITICISMS OF LAW ENFORCEMENT AGENCIES ARE UNJUSTIFIED. A SECOND THEORY IS THAT THE LAWS GOVERNING WHITE-COLLAR CRIME ARE LARGELY INEFFECTIVE AND UNENFORCEABLE. AUBERT, FOR EXAMPLE, ARGUED THAT CERTAIN NORWEGIAN LAWS GOVERNING BUSINESSES WERE SYMBOLIC PUBLIC RELATIONS EXERCISES RATHER THAN SERIOUS ATTEMPTS TO REGULATE BUSINESSES. ANALYSIS OF THE VARIOUS AUSTRALIAN TRADE PRACTICE LAWS PASSED IN RECENT YEARS DOES NOT, HOWEVER, SUPPORT AUBERT'S VIEW. INSTEAD OF THESE MODELS WHICH EMPHASIZE INADEQUACIES IN ADMINISTRATION OR LEGISLATION, A STRUCTURAL APPROACH, WHICH CONSIDERS THE INSTITUTIONS INVOLVED, IS NEEDED. WEBER'S CONCEPTS MEET THIS NEED. THESE CONCEPTS STRESS THE CONFLICTS BETWEEN IDEAS OF JUSTICE AND IDEAS UNDERLYING CAPITALISM. IN THE PRESENT SYSTEM, THE LAW OPERATES TO PROTECT AND STRENGTHEN BUREAUCRATIC ORGANIZATIONS AND STRUCTURES RATHER THAN TO REGULATE THEM. TWO RECENT PROSECUTIONS, ONE BY THE NEW SOUTH WALES COMMISSION, AND ONE BY THE VICTORIAN COMMISSION, ILLUSTRATE THESE POINTS. ONE WAY OF OVERCOMING CURRENT DIFFICULTIES IN ACHIEVING JUSTICE WOULD BE TO ABANDON PREDEFINED RULES IN FAVOR OF FLEXIBLE DECISIONMAKING BASED ON SITUATIONAL FACTORS. A MORE PROMISING ALTERNATIVE WOULD BE PERIODIC REVISION OF LEGAL PROCEDURES. UNTIL THIS IS DONE, THE LAW WILL CONTINUE TO PRESERVE PRESENT INEQUALITIES AND OPERATE IN FAVOR OF BUREAUCRATIC GROUPS SUCH AS CORPORATIONS. FOOTNOTES WHICH INCLUDE REFERENCES ARE INCLUDED. FOR RELATED ARTICLES IN THE SAME BOOK, SEE NCJ 62118-62122 AND 62124-62126. (CFW)