NCJ Number
47056
Journal
Canadian Journal of Criminology Volume: 20 Issue: 2 Dated: (APRIL 1978) Pages: 142-168
Date Published
1978
Length
27 pages
Annotation
LAW AND LAW ENFORCEMENT EFFORTS IN CANADA ARE EXAMINED, AND THE THEORETICAL IMPLICATIONS OF LIGHT, INEFFICIENT REGULATION OF ILLEGAL CORPORATE ACTIVITIES IN CANADA ARE DISCUSSED IN TERMS OF MARXIST AND CONFLICT THEORY.
Abstract
MARXIST THEORY AS REVISED AND ENUNCIATED BY STRATUM CONTENDS THAT CORPORATE CRIME IS INCREASING AND WILL CONTINUE TO DO SO BECAUSE OF THE CONTINUAL DECLINE IN CORPORATE PROFITS RESULTING FROM A COMBINATION OF DECREASING ABILITY/DESIRE TO EXPLOIT AND A LEVELING OFF OF THE RATE OF PRODUCTIVITY. THUS CORPORATE CRIME BECOMES NECESSARY TO CONTINUING LEVELS OF CORPORATE WEALTH. HOWEVER, CORPORATE CRIME LAW ENFORCEMENT WILL ALSO INCREASE TO PREVENT PUBLIC DISENCHANTMENT AND TO PROTECT THE CAPITALIST SYSTEM AS A WHOLE. CONFLICT THEORY HOLDS THAT POWER, AS DEFINED BY CONTROL OF CRUCIAL RESOURCES, IS THE KEY VARIABLE IN DETERMINING LAW ENFORCEMENT PRACTICES AND WILL DEPEND ON THE RELATIVE STRENGTH OF THE ECONOMIC ELITE WHO CONTROL THE MATERIAL RESOURCES VIS-A-VIS THE OTHER ELITES WHO CONTROL THE POLITICAL, IDEOLOGICAL, AND DIVERSIONARY RESOURCES. A LOOK AT LAWS AND ENFORCEMENT IN CANADA SHOWS THAT IN GENERAL CORPORATE CRIME LAWS ARE MORE FLEXIBLE THAN LAWS ON OTHER CRIMINAL OFFENSES AND THAT PENALTIES ARE OFTEN LIGHT OR CAPRICIOUS. WHILE MANY MAJOR CORPORATIONS HAVE LENGTHY RECORDS, INITIATIVE IN LITIGATION IS MORE OFTEN TAKEN BY PRIVATE INDIVIDUALS AND CONSUMER GROUPS THAN BY GOVERNMENT. FURTHER, PUBLIC DISINTEREST AND IGNORANCE OF CORPORATE CRIME MEDIATE AGAINST INCREASED ENFORCEMENT. IN MANY CASES THE MEDIA ARE OWNED BY LARGE CORPORATIONS, AND TEND TO EMPHASIZE THE MORE SENSATIONAL CRIMES WHILE DOWNPLAYING CORPORATE CRIMES. THE POLITICAL ELITE IS LARGELY INFLUENCED BY BOTH THE CORPORATE FUNDS WHICH SUPPORT ELECTION CAMPAIGNS AND THE PUBLIC ON WHOSE VOTE THEY DEPEND FOR ELECTION. REGULATORY AGENCIES ARE LARGELY INEFFECTIVE BECAUSE THEY ASSUME A NONPUNITIVE EDUCATIONAL ROLE IN DEALING WITH CORPORATIONS. IN ADDITION, STRONG COUNTERVAILING INTEREST GROUPS HAVE SIGNIFICANT LEVERAGE. WHILE IT IS NOT POSSIBLE TO TELL FROM THESE PRELIMINARY FINDINGS WHETHER CONDITIONS IN CANADA SUPPORT A MARXIST OR A CONFLICT THEORY, THERE DOES SEEM TO BE A STRUGGLE FOR POWER AMONG SEVERAL KEY INTEREST GROUPS, PARTICULARLY THE ECONOMIC AND THE POLITICAL ELITE. IT APPEARS THAT THE ECONOMIC ELITE HAVE BEEN ABLE TO USE RESOURCES AND POWER TO PREVENT THE INTRODUCTION OF LAWS WHICH THREATEN THEIR POSITION, AND TO IMPEDE THE ENFORCEMENT OF ANY WEAK LAWS THE POLITICAL ELITE HAVE BEEN FORCED TO ENACT. NOTES AND SUBSTANTIAL REFERENCES ARE PROVIDED.