Procedure Rules and Information Control: Gaining Leverage Over White-Collar Crime (From White-Collar Crime Reconsidered, P 332-351, 1992, Kip Schlegel and David Weisburd, eds - See NCJ-140367)

• NCJ Number: 140382
• Author(s): K Mann
• Date Published: 1992
• Length: 20 pages
• Sale Source: Northeastern University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This analysis of the procedural aspects of the use of punitive civil sanctions in punishing and deterring white- collar crime focuses on the role of the civil, procedural framework in discovering and bringing the evidence needed as a precondition for imposing sanctions.

Abstract

Information rules are central to procedure because the decision to impose the sanction depends on the presentation of facts that establish the occurrence of wrongdoing. They determine the methods of information access, the sources and types of information that are admissible, and the level of certainty required. Reforms in recent decades have made information access more difficult under criminal law and easier under civil law. The change in information access rules in civil issues has resulted from pressure for broader government sanctioning powers and has contributed directly to the expansion of civil penalties for white-collar crimes. As a result, studies that focus only on criminal cases of white-collar crime must be cautious in reaching conclusions about the nature of white-collar offenses and offenders. Notes and 32 references