WHITE COLLAR CRIME (NO 2) - PROCEEDINGS OF A SEMINAR

• NCJ Number: 60838
• Author(s): ANON
• Date Published: 1979
• Length: 75 pages
• Corporate Author: Sydney University
• Sale Source: New South Wales
• Language: English
• Country: Australia
• Note: PRICE QUOTED IS IN AUSTRALIAN DOLLARS.

Annotation

PROCEEDINGS FROM AN AUSTRALIAN SEMINAR ON WHITE-COLLAR CRIME SPONSORED BY THE INSTITUTE OF CRIMINOLOGY POINT TO THE INCREASED PUBLIC AWARENESS OF THE NATURE AND EXTENT OF THIS TYPE OF CRIMINAL ACTIVITY.

Abstract

THE NEW SOUTH WALES ATTORNEY GENERAL AND MINISTER OF JUSTICE DISCUSSES NEW PROPOSALS FOR DEALING WITH CORPORATE CRIME, PARTICULARLY A REPORT DEVELOPED BY HIS MINISTERIAL OFFICE PROPOSING THE ABOLITION OF JURIES IN CASES INVOLVING MAJOR CORPORATE FRAUD. BECAUSE THE TRADITIONAL SYSTEM OF TRIAL BY JURY HAS EVOLVED TO HANDLE TRADITIONAL OR 'STREET' CRIME, IT IS INAPPROPRIATE WHEN FACED WITH SOPHISTICATED, COMPLICATED, AND COMPLEX OFFENDERS. A SYSTEM WHICH IS LESS EXPENSIVE FOR THE TAXPAYER AND PLACES LESS STRAIN ON THE PROSECUTION AND THE ACCUSED WOULD INVOLVE A SPECIAL INVESTIGATION WHERE EVIDENCE IS TAKEN UNDER OATH, AND A PRELIMINARY HEARING WHEREBY THE ACCUSED CAN OBTAIN COMPLETE PARTICULARS OF THE GOVERNMENT'S CASE. IDEALLY, A SPECIALIZED JURISDICTION WITH SKILLED JUDGES WHO CAN UNDERSTAND THE COMMERCIAL COMPLEXITIES OF THESE CASES WILL EVOLVE. AN AMERICAN PROFESSOR COMPARES THE TREATMENT OF WHITE-COLLAR CRIME IN THE UNITED STATES WITH THE EXPERIENCE OF CONTEMPORARY AUSTRALIA. HE FINDS THAT THE PENALTY STRUCTURE FOR WHITE-COLLAR CRIME IN AUSTRALIA IS LESS ADEQUATE THAN IT IS IN THE UNITED STATES BECAUSE THE COSTS OF PROSECUTION ARE PROHIBITIVE AND THE PENALTIES SO MILD THAT IT IS NOT WORTH PROCEEDING WITH THE INVESTIGATION AND PROSECUTION. FINALLY, A BARRISTER-AT-LAW ARGUES FOR A COURSE OF SOCIAL CONDUCT RATHER THAN CRIMINAL PROCEEDINGS TO PREVENT CORPORATE CRIME, EMPHASIZING THE CHARACTERISTICS AND CAUSES OF BUSINESS CRIMES THAT LEAD TO THE NECESSITY OF IMPLEMENTING CODES OF COMMERCIAL ETHICS. WRITTEN CODES FOR COMPANIES AND INDUSTRIES, MORE AND BETTER COLLEGE COURSES IN ETHICS, AND KNOWLEDGEABLE GUIDANCE CONSTITUTE A MEANS FOR IMPROVING BUSINESS BEHAVIOR. DISCUSSION ON CORPORATE CRIMES, SOME FOOTNOTES, AND A BIBLIOGRAPHIC NOTE ARE INCLUDED. (WJR)