NCJ Number
45011
Journal
American Criminal Law Review Volume: 14 Issue: 4 Dated: (SPRING 1977) Pages: 641-649
Date Published
1977
Length
9 pages
Annotation
CRIMINAL JUSTICE ISSUES PERTAINING TO ECONOMIC CRIMES COMMITTED FOR PERSONAL GAIN OR FOR THE BENEFIT OF A CORPORATE ENTITY ARE CONSIDERED.
Abstract
CRIMES AGAINST PROPERTY, I.E., ECONOMIC CRIMES THAT DO NOT RESULT DIRECTLY IN PHYSICAL HARM, ARE ACCORDED MUCH LOWER PUBLIC PRIORITY THAN CRIMES INVOLVING PHYSICAL VIOLENCE. THIS UNRESPONSVE ATTITUDE IS PARTICULARLY PRONOUNCED WITH REGARD TO THE WHITE-COLLAR CRIMES OF EMBEZZLEMENT, FRAUD, AND SECURITIES THEFT. THE LACK OF INTEREST IN SUCH CRIMES IS ATTRIBUTABLE IN PART TO THE NOTION THAT PERSONS COMMITTING THESE ACTS ARE NOT CRIMINALS. A RELATED FACTOR IS LACK OF INFORMATION REGARDING THE SCOPE OF WHITE-COLLAR CRIME AND ITS COSTS TO SOCIETY. HOWEVER, CHANGES IN PUBLIC ATTITUDES REGARDING WHITE-COLLAR CRIME ARE TAKING PLACE. BECAUSE OF THE SCARCITY OF POLICY OPTIONS CAPABLE OF DETERRING THE PRINCIPAL CRIMES COMMITTED IN THE COURSE OF COMMERCE, IT IS NECESSARY TO RELY ON MEASURES TO ELIMINATE OPPORTUNITIES AND ON THE CRIMINAL JUSTICE SYSTEM'S CAPACITY TO CONVICT THE GUILTY. PROVIDING ECONOMIC DETERRENTS THROUGH CONVICTION SHOULD BE A MAJOR OBJECTIVE OF THE CRIMINAL JUSTICE SYSTEM. THERE IS A LARGE AND GROWING NUMBER OF CRIMES COMMITTED BY INDIVIDUALS FOR BENEFIT OF THE CORPORATIONS BY WHOM THEY ARE EMPLOYED. A NUMBER OF ISSUES PERTAIN TO COMPLIANCE BY CORPORATIONS WITH GOVERNMENT REGULATIONS, E.G., THE COSTS OF COMPLIANCE, THE ALLOCATION OF LIABILITY BETWEEN INDIVIDUALS AND THE CORPORATION ITSELF, AND THE DEGREE OF CLARITY OF RELEVANT LAWS AND REGULATIONS. EFFECTIVE DETERRENTS TO CORPORATE CRIME MUST CAUSE CORPORATE DECISIONMAKERS TO RECOGNIZE THAT ILLEGAL ECONOMIC ACTIVITIES DO NOT MAXIMIZE GAIN. (LKM)