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Crime and the Abuse of Power - Offences and Offenders Beyond the Reach of the Law?

NCJ Number
77042
Date Published
1980
Length
60 pages
Annotation
Prepared for the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, this paper discussed the problems that white-collar crime and abuse of public power create for all nations and then reviews preventive strategies and research priorities.
Abstract
Background discussions which led to the inclusion of this topic in the Congress's agenda are summarized, followed by brief descriptions of the types of crimes that are related to abuses of power in various countries. Examples include bribery, irregular trade practices, currency violations, and misappropriations of socialized property. Distinctions between excess of power and abuse of power are explored. Contributory factors to the abuse of power are identified, such as cultural emphasis on material success and power as a determinant of status; inadequate enforcement capabilities to maintain commercial standards; legal conditions; light penalties for white-collar or 'gilded' crimes; and tolerant public attitudes toward invisible, victimless crimes. An assessment of the impact of economic crimes covers financial costs, barriers to economic development, and damage to a country's social fabric. Effective preventive and control strategies are analyzed, beginning with legal restraints. The failure of the law to keep pace with changing economic conditions is emphasized, particularly in regard to culpability, criminal responsibility, and burden of proof for sophisticated economic crimes. A review of prevention approaches considers accountability in the use of power, divestiture of conglomerates, consumer pressures, disclosure regulations, and international initiatives to control white-collar crime. National policies and tactics which can influence the abuse of public power are highlighted, as are the particular difficulties caused by collusion between abusers of public and economic power. Efforts to develop an empirical information base on offense, offenders, and victims of acts involving abuses of power have encountered many difficulties. Suggestions for improving collection methods and prioritizing research areas are offered. Finally, general recommendations for combating white-collar crime and similar offenses on a national, regional, and international level are presented. A resolution adopted by the working committee which prepared the paper is appended.