NCJ Number
39159
Date Published
1968
Length
14 pages
Annotation
THIS ARTICLE IS A TENTATIVE AND PARTIAL STATEMENT OF SOME OF THE THEORETICAL CONSIDERATIONS PRESENTED IN A STUDY OF WARTIME VIOLATIONS OF OFFICE OF PRICE ADMINISTRATION (OPA) REGULATIONS.
Abstract
PART OF A LARGER STUDY OF LAW AND SOCIAL DIFFERENTIATION, IT CONSIDERS (1) THE OBJECTIVE BASIS ON WHICH WHITE COLLAR OFFENSES ARE TO BE CONSIDERED AS CRIMINAL, (2) WHETHER AN ACT COMMITTED WITHOUT DELIBERATE INTENTION IS TO BE REGARDED AS CRIMINAL, (3) THE SIGNIFICANCE OF WHITE COLLAR OFFENSES FOR CURRENT CRIMINOLOGICAL THEORIES, AND (4) A CHARACTERISTIC OF THESE OFFENSES WHICH DISTINGUISHES THEM FROM USUAL CRIMES AND WHICH HAS SPECIAL SIGNIFICANCE FOR THE COMMUNITY. IT IS CONCLUDED THAT VIOLATIONS OF OPA REGULATIONS IN THE PRERETAIL MEAT INDUSTRY ARE CRIMINAL ACTS, IN THAT THEY MEET THE CRITERIA OF FORMALLY DEFINED, PROSCRIBED, AND PRESCRIBED ACTS AND OF PUNISHABILITY. THE DISTINCTION BETWEEN CIVIL AND CRIMINAL SANCTIONS IS HELD NOT TO DISTINGUISH BETWEEN TWO DIFFERENT TYPES OF SANCTIONS. WILLFULNESS OR DELIBERATE INTENT TO VIOLATE IS DENIED AS ESSENTIAL IN MAKING A WHITE COLLAR OFFENSE A CRIMINAL ACT. IN ADDITION, IT IS NOTED THAT, AT LEAST IN THE WHOLESALE MEAT INDUSTRY, THE COMMISSION OF AN OFFENSE ALMOST ALWAYS NECESSARILY INVOLVED THE COMMISSION OF ANOTHER SIMILAR OFFENSE BY A DIFFERENT PARTY, SUCH AS WHOLESALERS RAISING PRICES TO RETAILERS WHO PAY ABOVE CEILING PRICES AND THEN OVERCHARGE CONSUMERS. A COMMENT BY ERNEST BURGESS AND AN ACCOMPANYING REJOINDER BY THE AUTHOR CENTERS ABOUT THE QUESTION OF WHETHER WHITE COLLAR CRIMINALS WHO DO NOT REGARD THEMSEVLES AS CRIMINALS AND WHO ARE NOT SO REGARDED BY THE PUBLIC SHOULD BE CONSIDERED AS SUCH BY PERSONS INVOLVED IN THE STUDY AND DISCUSSION OF CRIMINAL BEHAVIOR. (AUTHOR ABSTRACT MODIFIED)...ELW