NCJ Number
74624
Journal
Revue internationale de criminologie et de police technique Volume: 33 Issue: 3 Dated: (July-September 1980) Pages: 271-288
Date Published
1980
Length
18 pages
Annotation
The French system for trying white collar criminals, types of criminals tried, and reactions of the defendants to the verdicts and sentences are described.
Abstract
Material for the analysis derives from the author's observations of the Eleventh Correctional Chamber of the Superior Court in Paris, which specializes in white collar crime. The trial participants include three judges, the prosecutor, and the defense attorney. Of the 120 offenders observed, only a small proportion were women. Most of the delinquents were involved in fraudulent bankruptcy or financial fraud, with only a few cases of customs offenses. The room in which the trials are held consists of two levels, a raised stage separated from the section for judges, defendants, and audience by a bar. The robes of the participants add to the theatrical effect. The principal types of white collar offenders observed include perpetrators of fraudulent bankruptcy, who are usually egocentric, aggressive, pleasure-seeking, incapable of serious attachments, and impassioned only with profit and success; and victims of accidental bankruptcy who are caught in a number of offenses designed to save hopeless situations and who are destroyed by the loss of their businesses. Another type is the front man, who usually understands little of the illegal maneuvers in which he is involved. Whether an individual of little intellect and means or a professional of high social station, he has become entwined in illegal activities through his love of easy money, his lack of critical judgment, and his naivete. Individuals perpetrating financial fraud may come from a wide variety of professions but share outrage at having to appear in court. Finally, individuals involved in customs fraud exhibit a variety of characteristics but must be organized and capable of high-level skill such as forgery. Most white collar criminals refuse to believe that they have been convicted. They protest that they are basically honest, and generally become ill when they realize that they have lost the only positive component of their personalities, i.e., business success. Generally, convicted white collar criminals can accept fines well but are unable to cope with prison sentences. Impervious to moral considerations and accustomed to illicit dealings in everyday business activities, they are absorbed in obtaining just a little more wealth, knowing no other love but love for money. There is an enormous gap between the judges, who represent society, and the white collar offenders, who have no social conscience. Genuine communication is not possible under these circumstances. Notes and a bibliography are supplied.