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WCC Exam 3

Terms in this set (69)

-many offenders have a lot to lose if they get caught. they often have families and good reputations
-perhaps it is how they symbolically construct these opportunities
-neutralize, moral disengagement, normalize
-they need to to justify their behavior in a way that they can continue to see themselves as upstanding citizens
if "lure" is everywhere, why do some people take advantage of these opportunities and others dont
sense of identity for WC criminals
-many WC offenders view themselves as law-abiding, not criminals
-deny having a criminal mind
-did not intend to hurt people, no criminal intent
-their behaviors were "mistakes"
-they continue to present themselves as moral individuals
account
-statement made by someone to explain unanticipated or untoward behavior
-it tells us about how the offender understood or conceived of the opportunity. they view it in a way that allows them to maintain a non-criminal identity
1. excuses
2. justifications
two forms of accounts
excuses (account)
admits doing wrong, but denies full responsibility ex: "confused" by tax laws
justifications (account)
accepts responsibility for the behavior, but denies its negative content
ex: "everybody cheats on taxes"
neutralizations
-permit offenders to engage in criminal behavior while not thinking of themselves as criminals
-they allow offenders to interpret their criminal intentions and behaviors in non-criminal ways
-they soften the acts to make them appear as not really illegal or somehow justified on moral ground that exceed the law
1. denying responsibility
2. denying the victim
3. condemning the condemners
4. appeal to higher loyalties
techniques of neutralization
denying responsibility (neutralization)
know that the behavior is illegal, but do not believe they are directly responsible for the behavior or its consequences
1. concerted ignorance
2. acting under orders
2 ways to deny responsibility
concerted ignorance (denying responsibility)
-when leadership deliberately remans unaware of the laws they are breaking or that their subordinates are breaking
-maintaining ignorance about the risks they impose on others. intentionally ignoring info or regulations that can deny responsibility
-allows them to present harms as accidents instead of crime
acting under orders (denying responsibility)
simply following the rules or orders they were given by "higher ups" in the organization. they may have a vested interest in not having too much information
denying the victim (neutralization)
-separation between WC offender and victim makes this easier
-many times, victims are agencies or organizations, so they are faceless
-this makes it easier for WC offenders to convince themselves that there is no real person who will be victimized
-ex: identity thieves
condemning the condemners (neutralization)
-when WC offenders do not view the law as legitimate or necessary and therefore see those who enforce the law as also illegitimate, unnecessary, incompetent or untrustworthy
-this undermined the obligation to obey the law, making it easier to break it while still maintaining a non-criminal identity
appeal to higher loyalties (neutralization)
-when WC offenders claim allegiance to a higher morality than what its contained in the narrow definitions of the law
-might include: loyalty to company/boss, to do the "right" thing as compared to the legal thing, protecting the company, pursuit of profit
-beleiving that their actions, while technically criminal, are somehow "morally" correct makes it easier for WC offenders to engage in crime while still maintaining a non-criminal identity
moral disengagement
-refers to the psychosocial maneuvers that individuals and organizations use to selectively disengage moral self-sanctions when they undertake actions that harm others
-those who can easily disengage morally, the more likely they are to be involved in crime and deviance
-collective disengagement can also within organizations
1. reframe the behavior so that it is not seen as immoral
2. minimize the offenders role in causing harm
3. minimize the harmfulness of the behavior
4. devaluing or dehumanizing the victims
ways to morally disengage
normalization of deviance
-a weakness of the opportunity theory for WCC is that it implies that on some level, offenders are aware that their actions are wrong or illegal
-normalized deviance is deviant behavior that is not recognized by the actors as actually being deviant
1. informational context (if info is complex, decision makers may underestimate the risks involved)
2. organizational culture and political environment
3. structural secrecy
what impacts normalization of deviance, specifically in large organizations?
no they are not
are opportunities for WCC evenly distributed?
different industries have more opportunities for WCCss
-ex: healthcare makes fraud deception and abuse of trust possible
different occupations have more opportunities for WCC than others
-ex: leadership positions
-occupations may also provide different opportunities
-most opportunities are based on having access to an occupational position, like antitrust violations and embezzlement
different people have more opportunities for WCC the others likely because of their occupational positions
-social class: those in a lower social class are less likely to hold management positions
-gender: women are underrepresented in senior management positions
-race and ethnicity: racial and ethnic minorities are underrepresented in senior management positions
women often have additional barriers they face when truing to move into management-level positions in businesses
-in 1995, 95% of senior managers in business were male
-in 2014, males still dominate, though women have made some improvements. 14% of executive officers are female, 8% are top earners and 4% are fortune 500 ceos
racial and ethnic minorities face barriers in management-level positions
-in 1995, 97% of senior managers were white
-in 2014, 96% of senior managers were white
social status
-relative term in that people can have more or less of it, compared to other people
-often based on income, education, and occupation
social class
-nature and structural relationships of the occupational positions that people hold, not their relative standing to others
-more important in determining one's access to WCC opportunities
-based on: ownership of capital assets, control of organizational assets, possession of skill or credential assets
complexity and severity
WCC vary in their _____ and _____ of the consequences
complexity
-complex crimes have a discernible pattern, involve the use of organizational resources, are committed by multiple participants, and last for a long time
-ex: antitrust violations and security frauds are more complex than other forms of WCC
severity
-determined by how many victims the crime has, the dollar value of the victims losses, and the geographical impact of the crime
-antitrust and securities offenses are also more sever than other forms of WCC
-bank embezzlement was among the lest severe
anti-trust violations
owners or officers of companies are more likely to engage in....
bank embezzlement
employees with little authority or power are more likely to engage in....
gender gap in WC offending
-refers to how much offending is committed by males relative to females
-the size of the gap depends on the type of crime, and it increases in adulthood
-in WCC, the gap is largest for the most complex and sever crimes like antitrust and securities
-the gap is closing for tax violations and embezzlement
-overall, women's involvement in WCC is increasing
-they are not in the "good old boys" network which may limit their ability to use the organization against victims
-when they are in management positions, they are monitored more
-could be characteristically different than males
-may have different motivations for WC offending
-may be socialized differently
-system may be more chivalrous to women
why may women still be under-represented in WC offending?
gender gap in WC victimization
-men and women ave different exposure to WC victimization because of the gender based stereotypes and cultural norms
-women are more t risk for victimization by WCC of types like pharmaceutical and consumer products
-en are more likely to be employed in high-risk occupations, like construction, and are more exposed to workplace safety issues
race and WC offending
-the majority of those involved in anti-trust and securities fraud are white males
-some evidence that minorities are become involved in middle and upper level WCC
-even minorities with opportunity to commit WCC may not engage in them
race and WC victimization
-minorities are exposed to environmental offenses and workplace safety violations than non-minorities
-minorities are more likely to work in occupations and industries that expose them to elevated risks of work related injury and death
-minorities have less political power to protect themselves or call fore more oversight
environmental racism
the fact that minority communities are more exposed to environmental toxins, hazardous wastes, air pollution and so forth
the response to WCC
-although WCC is a significant social problem, the response of government does not align with that view
-however penalties and laws do exist and in some cases are more effective than others
the purview of criminal law. their offenses weren't seen better or less immoral than those under criminal law. those who are rich and powerful have undue influence over the law and demand preferential treatment
corporations generally outside....
1. philosophical approach
2. legal standards
3. policing
4. sanctioning methods
these different legal system (criminal, civil and administrative/regulatory) operate in different ways. they differ in:
punish offenders for wrong-doing, and deter future offenders from same crimes
the CJ systems goal is to...
part of the social contract where individuals surrender some freedom in exchange for protection against harm. the society has a responsibility to punish those who violate the contract
legal philosophers argue that punishment os......
1. proof beyond a reasonable doubt
2. more procedural rules and due process, like the right to an attorney
3. proof that offender "meant" to commit offense, did so with a "guilty mind"
standards for prosecuting WC offenders in this system
-offender acted with criminal intent (knew what they were doing was illegal and did it anyway. need to provide evidence regarding offenders "state of mind:
-it may not be obvious that a crime has been committed
-the WC offender has superficial appearance of legitimacy
3 issues that are particularly difficult to prove beyond reasonable doubt in WC offenses
difficulty in telling who is responsible for decision making within corporations. decision making is fragmented, administrators can practice concerted ignorance
it is difficult to prosecute corporations under criminal law due to...
the smaller and newer companies rather than older and established ones
when corporations are prosecuted, they are usually the..
deters future WCC
there is little evidence that criminal prosecution ....
lower due to a small scope of business activities
when smaller firms offense, the harm caused by their offenses is often...
N/DPAs
-non prosecution or deferred prosecution agreements
-agreements between prosecution and corporate offenders in which the department of justice agrees either not to prosecute a criminal case or to defer prosecution under a specific set of conditions agreed upon by both parties
-of compliant with the conditions of the agreement, corporations can avoid criminal indictment
criticisms of N/DPA agreements
-fail to achieve meaningful structural or ethical reform
-lead to lower quality of enforcement compared with quantity
-undermine the separation of powers by turning prosecutor into judge and jury
-not transparent, do not lead to general deterrence and lower stigmas attached to criminal prosecution
benefits of N/DPA agreements
-gain leverage and control over a company to ensure better overall compliance
-can be versatile and flexible, may be preferred over plea agreements or civil litigation due to the greater certainty of punishment
compensate and repair the damage to victims, primarily through fines
civil law goals are to...
-lower standard of evidence to prove responsibility
-defendants have fewer legal and due process protections
-more pressure to settle cases
-individuals can still be sued and sanctioned
-does not result in incarceration
civil law is easier to use in WCC:
victims recognizing that they have been victimized and who is responsible for that victimization. this is why criminal prosecution is more common in WC cases that involve direct victimization
the use of civil penalties is dependent upon...
small deterrent effect
the use of fines has a _______ at best
regulatory justice system
-monitors and controls the behavior of economic institutions, with the goal being to bring the offender into compliance with the law
1. justice model
2. rational-legal model
3. economic model
4. conflict model
different models of the regulator justice system
justice model
-assumes the goal of the regulatory justice system is the social control of economic institutions
-emphasize process of investigation, adjudication, punishment, discretion, due process, and effectiveness
rational-legal model
-assumes that regulatory law is a response to a set of social problems, recognized and acted upon by legislators
-it assumes the government imposed controls in the form of laws can improve social conditions
-regulatory system is supposed to catch and punish violators
-not enough "police" or enforcers
how has it done from the justice model?
some success, since many socially costly corporate behaviors have been defined as illegal and problematic conditions have improved
how has it done from the rational-legal model?
conflict model
-assumes that society is composed of groups with competing and contradictory interests. thus, there is power struggle in the regulatory system
-some laws may start off protecting the rights of employees and the public but they eventually end up protecting those with power or the regulations are weakened
regulation has not improved control
how has it done according to the conflict model?
economic model
-most prominent model of regulation
-cost-benefit perspective to assess whether the benefits of regulation exceed its costs
-accurately assessing costs and benefits of regulation is difficult
-those who are against regulation argue that business regulations is inefficient and costly to a free-market system
-less regulation will produce more social goods with fewer costs
too much regulation from cost-benefit perspective might create defiance and resistance if companies feel they are overly restrictive
how has it done according to the economic model?
-regulatory system is proactive (focuses on prevention), not reactive like CJS
-specialized expertise allows regulatory agents to understand and detect corporate offenses better than criminal justice personnel
-regulatory system has fewer legal restraints than CJS - agents do not have to have probable cause and search warrants to react to crimes
three important aspects of regulatory system that differ from CJS
-understaffed
-underfunded
-failure to allocate sufficient resources to this system in a major weakness
-inadequate sanctioning power - regulatory system does not have sanctions that offer same deterrent power as criminal sanctions (ex: prison time)
-it is heavily impacted by politics
limitations of regulatory system
-regulatory policies, including inspections, agency resources, and shifts in policy, has a deterrent effect on companies
-although they have little impact on individuals, or variation in offending across geographic areas (ex: states)
benefits of the regulatory system
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