NCJ Number
58456
Date Published
1978
Length
9 pages
Annotation
THE CRIMINAL JUSTICE SYSTEM'S ROLE IN THE PREVENTION AND CONTROL OF SOCIAL AND ECONOMIC CRIMES IS LIMITED; THIS PAPER ADDRESSES THE CONSTRAINTS AND OPPORTUNITIES AVAILABLE IN SUCH ACTIVITIES.
Abstract
AFTER ACKNOWLEDGING THE SPECIAL CHARACTERISTICS WHICH AFFECT SOCIETY'S RESPONSE TO SOCIAL AND ECONOMIC CRIMES, ESPECIALLY THE FACT THAT THESE CRIMINALS BELONG TO THE UPPER STRATA OF SOCIETY, THIS ARTICLE FOCUSES UPON TWO BASIC QUESTIONS RELEVANT TO CRIMINAL LAW. THE FIRST CONCERNS THE EXTENT TO WHICH CRIMINAL LAW SHOULD BE USED IN FIGHTING SUCH ACTIVITIES. IN THIS REGARD ATTENTION IS FOCUSED UPON THE DIFFERENT ROLES WHICH CAN BE PLAYED BY GOVERNMENTAL REGULATIONS VERSUS CRIMINAL PROSECUTION. IN THIS WAY, PENAL AND ADMINISTRATIVE MEASURES CAN REINFORCE EACH OTHER AND MAXIMIZE THEIR POTENTIAL IN ADDRESSING THESE PROBLEMS. A SECOND QUESTION RELATES TO THE EXTENT TO WHICH THE GENERAL PRINCIPLES OF CRIMINAL LAW SHOULD BE MODIFIED IN ORDER TO COMBAT SOCIAL AND ECONOMIC CRIMES. WHILE THE PRINCIPLE THAT ACTS DONE WITHOUT GUILTY MIND, OR INTENT OR NEGLIGENCE SHOULD NOT BE PUNISHED IS WIDELY ACCEPTED, THE ANGLO-AMERICAN LEGAL TRADITION HAS ALLOWED FOR THE LIGHT PUNISHMENT OF OFFENDERS FOUND GUILTY OF HARMFUL CONDUCT WHETHER OR NOT SUCH CONDUCT WAS ACCOMPANIED BY INTENTION OR NEGLIGENCE. THE DOCTRINE OF STRICT LIABILITY IS CONSIDERED ESPECIALLY USEFUL IN PROSECUTING SOME HARMFUL CORPORATE ACTIONS. THE CONCEPT OF PRESUMPTION OF INNOCENCE UNTIL PROVEN GUILTY MAY HAVE TO BE MODIFIED IN COMBATING COMPLEX SOCIAL AND ECONOMIC CRIMES. SENTENCING ALTERNATIVES SHOULD BE CONSIDERED TO ENSURE EFFECTIVE RETRIBUTION AND DETERRENCE RATHER THAN REHABILITATION OR INCARCERATION. THE PROBLEMS RAISED BY THE ISSUE OF CORPORATE LIABILITY ARE ADDRESSED. NO REFERENCES ARE PROVIDED. (KCP).