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Reporting Behavior of Fraud Victims and Black's Theory of Law: An Empirical Assessment

NCJ Number
188973
Journal
Justice Quarterly Volume: 18 Issue: 2 Dated: June 2001 Pages: 343-363
Author(s)
Heith Copes; Kent R. Kerley; Karen A. Mason; Judy Van Wyk
Date Published
June 2001
Length
21 pages
Annotation
A survey of 40 residents of Knox County (TN) in 1994 examined fraud victim’s reporting in the context of Black’s five propositions about aspects of social life that explain variations in the use of the law as indicated by police reports, arrests, and other factors.
Abstract
Black’s propositions relate to five concepts: (1) stratification, (2) morphology, (3) culture, (4) organization, and (5) social control, Thus, Black asserts that persons in higher strata use more law than those in lower strata, that intimates use the law less often than do strangers, that the use of law increases with the amount of culture, that those who are more organized use the law more often than those who are not, and that increased use of informal forms of social control will reduce the use of law. The research asked participants whether they reported the victimization to police, the Better Business Bureau or a consumer protection agency, the business involved in the swindle, the prosecutor, a personal attorney, or an insurance company. Results revealed a total 5-year victimization rate of 56 percent and an overall reporting rate of 24 percent. Participants reported 28 percent of successful fraud attempts and 20 percent of unsuccessful attempts. Morphology and culture were significant predictors of fraud reporting, but only age was significant in the stratification category and none of the organization and social control variables were significant. In addition, the amount lost in the fraud was the strongest predictor of reporting. The analysis concluded that some support existed for Black’s theory, but fraud reporting overall might be explained more effectively by a combination of the seriousness of the offense and the amount of legal capital that individuals have acquired. Tables and 37 references (Author abstract modified)

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