SOME OBSERVATIONS ON THE USE OF CRIMINAL SANCTIONS IN ENFORCING ECONOMIC REGULATIONS (FROM WHITE-COLLAR CRIMINAL - THE OFFENDER IN BUSINESS AND THE PROFESSIONS, 1968 BY G GEIS - SEE NCJ-39155)

• NCJ Number: 39167
• Author(s): S H KADISH
• Date Published: 1968
• Length: 22 pages
• Corporate Author: Atherton Press
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS PAPER OUTLINES THE SPECIAL CHARACTERISTICS OF ECONOMIC REGULATORY LEGISLATION RELEVANT TO THE USE OF THE CRIMINAL SANCTION AND THEIR IMPLICATIONS FOR EFFECTIVE USE OF THE CRIMINAL LAW.

Abstract

THE KIND OF ECONOMIC REGULATIONS EXAMINED ARE THOSE WHICH IMPOSE RESTRICTIONS UPON THE CONDUCT OF BUSINESS AS PART OF A CONSIDERED ECONOMIC POLICY. THE RELEVANCE OF THE INTEREST PROTECTED, THE BEHAVIOR REGULATED, AND THE CONTEMPLATED ROLE OF THE CRIMINAL PENALTY ARE DISCUSSED IN TERMS OF THREE MAJOR PROBLEMS - THE PROBLEM OF DEFINING THE PROSCRIBED CONDUCT, THE PROBLEM OF CORPORATE CRIMINALITY, AND THE PROBLEM OF MORAL NEUTRALITY. THE ISSUES OF FUNDAMENTAL FAIRNESS AND RETENTION OF THE VITALITY OF THE CRIMINAL LAW PROMPT CONSIDERATION OF TWO USES OF THE CRIMINAL SANCTION WHICH GO BEYOND THE GOAL OF ENFORCING THE SPECIFIC REGULATORY NORM. THEY ARE THE LOOSENING OF MINIMUM REQUIREMENTS FOR CULPABILITY IN THE NAME OF ENFORCEMENT EFFICIENCY AND THE CRIMINALIZING AND PUNISHMENT OF BEHAVIOR THAT DOES NOT GENERALLY ATTRACT THE SENTIMENT OF MORAL REPROBATION....ELW