DETECTION, INVESTIGATION AND PROSECUTION OF CORPORATE CRIME (FROM CRIME AND THE ABUSE OF POWER - OFFENCES AND OFFENDERS BEYOND THE REACH OF THE LAW? 1979, BY J BRAITHWAITE AND B R KINCHINGTON - SEE NCJ-65527)

• NCJ Number: 65528
• Author(s): B R KITCHINGTON
• Date Published: 1979
• Length: 14 pages
• Corporate Author: Australian Government Publishing Service
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

SOCIETY HAS HARDLY BEGUN TO COMPREHEND THE NATURE AND EXTENT OF CRIMINALITY THROUGH THE ABUSE OF POWER, LET ALONE REACHED THE POINT OF REALIZING THAT ITS ATTEMPTS TO COMBAT IT ARE MINISCULE.

Abstract

CRIMINALITY THROUGH THE ABUSE OF POWER IS NOT ALWAYS VISIBLE. IT IS RARELY DRAMATIC BUT IT IS INSIDIOUS, WIDESPREAD, AND OFTEN CONCEALED BY A MASK OF RESPECTABILITY. ITS PREVENTION, DETECTION, AND INVESTIGATION IS OFTEN MADE MORE DIFFICULT, NOT ONLY BY WIDESPREAD PUBLIC TOLERANCE, BUT BY A LACK OF SKILLED INVESTIGATORS WITH POWERS OF SEARCH AND SEIZURE OF DOCUMENTS OR THE SUBPOENA OF WITNESSES. IN ADDITION, BASED ON A SERIES OF AUSTRALIAN SEMINARS, EXPERTS AGREED THAT REFORM WAS NEEDED, NOT ONLY IN PARTICULAR AREAS OF CORPORATE CRIME, BUT IN PROSECUTION PROCEDURES. CONSIDERATION SHOULD BE GIVEN TO THE ABOLITION OF TRIAL BY JURY IN THE MORE COMPLEX TYPES OF WHITE-COLLAR AND CORPORATE CRIMINAL PROSECUTION, AND TO THE ALTERNATIVES TO SUCH TRIAL--SINGLE JUDGE, PANEL OF JUDGES, JUDGE AND SPECIAL JURIES, JUDGE SITTING WITH ASSESSORS. IMPROVED INVESTIGATIVE TECHNIQUES AND NEW MODES OF TRIAL TO UPDATE THE LAWS OF EVIDENCE ARE ALSO NEEDED. SEMINAR SUGGESTIONS THAT WOULD PREVENT OR REDUCE THE INCIDENCE OF POWER INCLUDE INCREASED DIRECTOR RESPONSIBILITY, MINIMUM CAPITAL REQUIREMENTS, DISCLOSURE REQUIREMENTS, AUDITORS, A SHAREHOLDERS' TRIBUNAL, AND STRICT LIABILITY AND REVERSE ONUS OF PROOF. SPECIALIZED AGENCIES AND AN INTERNATIONAL RESEARCH CENTER UNDER U.N. AUSPICES SHOULD ALSO BE DEVELOPED TO CONTROL THE ABUSE OF POWER AND ITS SOCIAL IMPACT. FOOTNOTES ARE PROVIDED. (AOP)