Addresses the matter of criminality, especially in terms of alleged differences in criminal propensities among members of different social classes

Gottfredson & Hirschi = varying levels of self control are fundamental factors in peoples choices to commit crimes & that low social control is more pronounced among lower class individuals

Organizational Responsibility

Cressey criticized his hormer mentor Sutherland for attributing human capabilities to corporations rather than distinguishing them from real people

Cressey insisted that we must recognize that corporations are not people, cannot learn, do not have motivations & cannot form intent

Breathwaite & FisseDefended the notion that corporations can take criminal action & can be properly held responsible for such action They argued that a mixture of observable & abstracted charcteristics defines both individuals & corporationsOrganizations create opportunities for illegal conduct by1. Disproportionately serving affluent, accessible victims 2. Generating impersonal transactions 3. Providing strategic devices to facilitate & cover up illegalities 4. Conditioning the development of new normative prescriptions capable of being violatedVarious Dimensions of Organizational Criminality- Different levels of organizational analysis are relevant to understanding organizational crime - On the *psychological* level, the organization is viewed as a context or environment that can influence individuals attitudes & behavior in a criminal direction - On a *structural* level , the organization is viewed as having structural features & social processes that facilitate the commission of crime - On an *ecological* level, the organization is viewed as part of an environment or interdependent system that has *criminogenic tendencies* Crime coercive vs crime facilitatorsFactors related to corporate crimeEconomic climate Political & regulatory environment Level of industry concentration Style & strength of product distribution networks Product differentiation & normative traditions within industriesWhen do corporations engage in crime?When legitimate opportunities to achieve their goals are blocked but illegitimate opportunities are availableStructural PerspectiveFocuses either on social conditions that account for specific forms of criminal behavior or on how the distribution of power & resources influences how crime is defined and generatedRational Choice TheoryCriminal offenders as people who reason, plan strategically, adapt to particular circumstances and weight costs & benefits Humans as capable of making rational choices and of a system of justice with equitable punishments that fit the crime have long been central to the operation of our criminal justice system High personal benefit low likelihood of sanctionPaternoster & Simpsoncharacterized corporate crime as criminal activity that is rooted in instrumental & strategic choices made by risk averse managers who weigh various options pereceived costs and benefits to themselvesRoutine Activities TheoryAn assumption of rational decision making in its approach to crime Focuses on crime events as a consequence of the presence of motivated offenders, suitable victims or targets and the absence of capable guardiansSocial Control Theoryreverses the conventional questions of why someone engages in criminal behavior & instead asks why someone *does not* engage in criminal behavior Answer Is = People with strong bonds to conventional institutions are constrained from engaging in delinquent or criminal conduct EX: Corporate executives with stronger bonds to the corporation are more likely to engage in corporate crimes on behalf of the corporationControl Balance TheoryCrime & deviance are a function of the "control balance ratio" or the amount of control one exercises relative to the amount of control imposed upon one EX: either a surplus of control or deficit of control should foster criminal behavior & deviance Control Fraud = when control over an organization is realized, that organization becomes a weapon for perpetrating fraud & theftLimitation of Differential AssociationIt does not adequately account for structural origins of the illegal patterns of behavior & appears to confuse a process of involvement in criminal behavior with a cause of such behavior It does not address the problem that some white collar crime is individualistic and that collective forms of white collar crime are committed by individuals who hold many attitudes that are favorable to obeying lawsInteractionist and LabelingDerived from a symbolic interactionist tradition emphasizing that meaning emanates from human interaction Labeling Theory = concerned with the process of societal reaction on perceived crime rather than with the standard etiological question, "what made them do it?"Neutralizations, Rationalizations, and AccountsWCO not classic "outlaw" types White collar criminals typically conform to most laws & social conventions and are unlikely to identify with or endorse the activities of conventional offendersVocab of Motives1. Excuses = tend to be defensive 2. Justifications = positive interpretations of actions 3. Neutralizations = future or ongoing behavior 4. Accounts = are invoked after the behavior has occurred 5. Rationalizations = mental processes which allow a person who is committing or about to commit a crime to overcome guilt or moral inhibitions & justify the crime to themselves or others EX: people who embezzle money rationalize that they were only "borrowing" itStructural StrainEmile Durkheim anomie = a situation of normlessness, a breakdown of the guidelines for conventional behavior during rapid social change EX: insider trading in the 80s - fostered "the unbridled pursuit of pecuniary rewards"Merton's notion of anomieAn enduring situation in a society in which generalized goal of material success is promoted, but the means to achieve such success legitmately are not equally distributedThe use of anomie theoryHas been applied quite specifically to understanding the *innovative* corporate use of illegal strategies to realize goals that cannot be achieved legitimately Variations of Merton's Theory = 1. status deprivation theory 2. differential opportunity theory 3. general strain theory 4. institutional anomie theoryConflict TheoryRejects the consensus theory notion of the social world as an organic or integrated system Concerned with identifying how the values & interests of different groups in society are disproportionately able to influence the character & content of the lawMarxist TheoryAnother version of Conflict Theory Karl Marx viewed crime as an essential product of social class society and of capitalism in particular He believed that humans manifest such patterns of behavior, and that capitalism promotes these tendencies in human beingsMarxist ViewThe worst crime committed in the name of capitalism is the systematic exploitation of the working class He suggested that crime by the rich and poor alike is a rational, inevitable response to an economic system that fosters greed, egiostic or individualistic tendencies, competiveness and debasement of humansRadical & Critical PerspectivesReiman argued that Marxism is materialist in explaining white collar crime as resulting from the organization of material production Radicalism is idealist Most radical criminological work examined the criminalization process instead of the "causes" of crimeWhat are radical and critical criminologist concerned with?How crime is conceived of or constituted They are *not* concerned with the causes of crimeIntegrated TheoriesColeman = theory centers on the coincidence of appropriate motivation & opportunity Braithwaite = based his integration theory on two traditions 1. Structural Marxist Theory 2. Differential Association TheorySubprime mortgage market fraudsstructural level (macro) organizational level and dramaturgic level (meso) individualistic level (micro)Levels of the Subprime Mortgage Frauds1. Structural level = A capitalistic political economy has a core characteristic - the relentless pursuit of profit & a constant search for new markets 2. Organizational level = We have uncoupling of mortgage originators from mortgage holders 3. Individualistic level = those who were at the center of the fraud were sometimes afflicted with egocentric, overly optimistic, narcissistic, entitlement-oriented and excessive risk taking personality attributes as well as character flaws in terms of integrityAntitrust LawOne form of white collar criminal law Directed against monopolistic practices that interfere with the operation of a truly competitive free markettraditional social controlfocused on the behavior of individuals, but the incidence of corporate white collar crime, has highlighted the need to control organizations - the larger framework of social control, the more difficult it becomes to formulate laws that can be implemented and can garner broad supportHistorical Origins of White Collar Crime1. Drapkin, the first known legal documents were contracts of land sales & other transactions conducted around 2400 BC in ancient Mesopotamia 2. The Old Testament includes proscriptions against deceitful unfair market practices 3. The classical Greek lawmaker Solon established laws against embezzling from the state 4. English common law addresses occupational offenses less clearly than conventional forms of harm such as homicideInstrumentalist Perspective on lawmakingAdvances the view that in a capitalist society, law reflects the elite class's control over the state & is intended to serve the purpose of that classThe influence of business on the lawmaking processLaws governing economic crimes are likely to be products of various competing constituencies and thus powerful economic interests do not always prevail3 major eras featuring laws regulating various forms of business conduct3 major eras featuring laws regulating various forms of business conduct1. Progressive era 2. The New deal era 3. Great Society erathe influence of business on the lawmaking processgovernment agencies or entitites may actively lobby for white collar crime laws, inspired either by self interest or by a principle perception of a need for new lawsThe Constitution& many state constitutions do *not* address white collar crime -provides a basic framework for the response to white collar crime through the establishment of a federal court system -its allocation of powers to the different branches of the government & its imposition of limitations on the exercise of governmental power in the investigation and prosecution of criminal casesMarbury vs Madisonestablished both the supremacy of the constitution and the court's own right of judicial reviewThe Commerce Clause of Article I, Section 8authorized congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businessesCase LawA product of appellate court opinions and has played an important role in the realm of white collar crime for several years Defendants in white collar crime cases are often better able to finance a full scale appeal of criminal convictions that are conventional crime defendantsWhite Collar Crime and Case Lawthe counterargument is that change is likely to occur only when court decisions are complemented by social & political forces that are already moving society in that direction Some areas of white collar crime law are more fully developed in case law than in statutory law case law lays down consequential decisions on both the scope for white collar crime law & the legal remedies for victims of white collar crimeExecutive LawmakingThe executive branch is less directly involved in making law than the other two branches of the government Occurs through this branchs control of agencies that investigate , enforce, and prosecute crimeexecutive branchAppoints all federal judges & many state level judges - Supreme Court justices and appellate court judges are especially important Plays the same role in appointing the top people in many regulatory agencies The power to administer penal sanctions, chief executives on both the federal & state levels have the power to pardonAdministrative Lawless conspicuous participants in our legal system this type of law is of special importance in any discussion of white collar crime insofar as many of the activities commonly classified under that heading are violations of administrative rather than statutory law agencies produce rules of several different forms (interpretative & legislative rules)what is the administrative procedure act and what led to it?= To ensure that regulatory agencies would act fairly, with appropriate attention to due process, but it also imposed some limits on judicial powers to rule on or overturn agency actions The New Deal era had concern over improper use of discretionary powers by regulatory agencies which led to the ActTrustslegal entities or holding companies for corporations engaged in the same type of business, fixed prices, controlled production, & organized geographical monopolies for an entire industryAntitrust law is defined as whatBroadly defined as law that regulates economic competition In the new American Republic, individual states attempted to prohibit monopolistic practices but increasingly national character of the 19th century economy limited the effectiveness of such laws Congress passed Sherman ActSherman ActBanned efforts to "prevent full and free competition" also prohibited combinations that tended to raise the cost to the consumer and actions causing a "restraint in trade" that could lead to monopolies This gave private parties the right to sue for treble damages for violations of the act and gave the state in which such violations occurred the power to criminally prosecute and to see injunctionsOccupational Safety and Health Lawsa rising work related injury rate began to receive some attention which led to the passing of the Occupational Safety and Health Act of 1970 (OSHA) during the Regan administration, OSHA legislation was not repealed, its implementation was much more limited The George W Bush administration eliminated many of the existing safety standardsEnvironmental Protection Lawsthe first law to criminalize the dumping of wastes into navigable waters, the Refuse Act of 1899, was passed to protect business interests by ensuring their unobstructed use of waterways The Environmental Protection Agency was established by executive order in 1970 Throughout the 70s, a series of environmental protection laws were passed, although criminal prosecutions of environmental offenders did not ensue until late in the decade during the Carter administrationEnvironmental Laws todayvirtually all environmental statutes include criminal provisions they differ on degree of liability (violations of the clean air act)The RICO Law1970, part of the Organized Crime Control Act, Congress enacted a special section on Racketeer-Influenced & Corrupt Organizations RICO prohibits acquisitions, operation, income from an enterprise, through a pattern of racketeering activity, common law crimes, including those prohibited by any state that are punishable by 1 year or more in prisonCivil and criminal law and white collar crimeCivil law has played a much larger role in responding to white collar crime than conventional crime Civil Law concerns itself with private, individual harms and objective responsibility Criminal law focuses on public, social harms and morally culpable conduct Both types of law require intent & have somewhat parallel rules for establishing culpabilityWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawWhite Collar Crime and Case LawThe Commerce Clause of Article I, Section 8authorized congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businessesCase LawThe Commerce Clause of Article I, Section 8authorized congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businessesCase LawThe Commerce Clause of Article I, Section 8authorized congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businessesCase LawThe Commerce Clause of Article I, Section 8authorized congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businessesCase LawThe Commerce Clause of Article I, Section 8authorized congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businessesCase LawThe Commerce Clause of Article I, Section 8The Commerce Clause of Article I, Section 8The Commerce Clause of Article I, Section 8The Commerce Clause of Article I, Section 8The Commerce Clause of Article I, Section 83 major eras featuring laws regulating various forms of business conduct1. Progressive era 2. The New deal era 3. Great Society era3 major eras featuring laws regulating various forms of business conduct3 major eras featuring laws regulating various forms of business conduct3 major eras featuring laws regulating various forms of business conduct

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