“Lying, cheating, and stealing. That’s white-collar crime in a nutshell.”
This headline will appear if you enter the website of the FBI, searching for information concerning white-collar crime.
What started when people began to trade thousands of years ago and tried to betray their commercial partner, continued by the use of manipulated measuring units in the Middle Ages, a development was triggered, where juggling the company's accounts or illegal stock transactions are daily businesses. Even though, this development has been actively fought since the beginning of the 20th century, white-collar crime is still an acute problem affecting all of society.
In the following paper it should be figured out, how the offenders should be punished, what role a prison sentence serves and if it is the best way to punish white-collar criminals.
Table of Contents
1. Introduction
2. White-collar crime
2.1.Definition
2.2.Faces of white-collar crime
2.2.1. Soft crimes
2.2.2. Barely tolerable crimes
2.2.3. Hard crimes
2.3.Characteristics of white-collar crime
2.3.1. Motive of action
2.3.2. The perpetrators
3. Facts and figures about white-collar crime
3.1.The dimension of committed crimes
3.2.Quantum of damages
3.2.1. Material damages
3.2.2. Immaterial damages
3.3.Punishment of white-collar crimes
4. Theories of Punishment
4.1.Retributive Theory (Absolute Theory of Punishment)
4.2.Utilitarian Theory (Relative Theory of Punishment)
4.2.1. Deterrence in the Narrow Sense (General Negative Deterrence)
4.2.2. Consciousness of Law (General Positive Deterrence)
4.2.3. Incapacitation (Specific Negative Deterrence)
4.2.4. Rehabilitation (Specific Positive Deterrence)
4.3.Combination Theory
5. Possible forms of punishment
5.1.Disciplinary measures
5.2.Penal measures
5.3.Measures of civil law
5.4.Tolerance
6. The role of a prison sentence
6.1.The role of a prison sentence in relation to the perpetrator
6.1.1. Restituting the victim
6.1.2. Eliminating recidivism
6.2.The role of a prison sentence in relation to society
6.2.1. Deterrence
7. Prison sentence as the best way to punish white-collar crime
7.1.Advantages of a prison sentencing
7.2.Disadvantages
7.3.Other effective ways of punishment
7.3.1. Non-governmental measures
8. Conclusion
Objectives & Core Topics
This paper explores the punitive mechanisms for white-collar criminals, examining the effectiveness of prison sentences in comparison to other disciplinary measures, and evaluates whether incarceration serves as an appropriate deterrent or corrective tool in Western law systems.
- Definitions and psychological characteristics of white-collar crime
- Statistical overview of white-collar criminal activity and related economic damages
- Theoretical foundations of punishment (Retributive vs. Utilitarian approaches)
- Analysis of the role of prison sentences in relation to perpetrators and society
- Evaluation of alternative non-governmental and disciplinary measures
Extract from the Book
3.1.The dimension of committed crimes
Like hardly any other crime area, white-collar crime reacts to changes and developments of the economy with new and adjusted forms of appearance. It is also interesting that the amount of committed crimes, for example financial fraud, rises in times, where people are running out of money and base rates are on a high level, and that the amount decreases, when credits are reasonably priced. Nevertheless, the number of committed white-collar crimes increased continuously over the last years. The peaks in figure 1 can be explained due to complex investigations continuing into the next year.
The information value of the shown figures on page 5 is limited and cannot mirror reality accurate, because the statistic (PKS), the figures are based on, does only contain registered cases and does not include cases, where the police was not directly involved (e.g. several investigations of tax authorities). However, one can obtain a good insight in which breadth white-collar crime takes place.
You can assume that the estimated number of unreported cases is particularly high. People are often only indirectly affected and therefore, white-collar crime is just not noticed; or confidants are abettors at the same time.
Summary of Chapters
1. Introduction: Outlines the problem of white-collar crime as a persistent societal issue and presents the objective to investigate appropriate punishment forms.
2. White-collar crime: Defines the phenomenon, categorizes its various forms ranging from soft to hard crimes, and describes the psychological motives and profiles of perpetrators.
3. Facts and figures about white-collar crime: Provides a statistical analysis of criminal dimensions, evaluates the material and immaterial damages caused, and compares sentencing patterns.
4. Theories of Punishment: Explores the philosophical and legal foundations of justice, detailing retributive and utilitarian theories and their specific applications like deterrence and rehabilitation.
5. Possible forms of punishment: Discusses the spectrum of available sanctions, including disciplinary, penal, and civil law measures, as well as the concept of tolerance.
6. The role of a prison sentence: Analyzes the dual role of incarceration in terms of victim restitution, recidivism elimination, and its broader societal impact through deterrence.
7. Prison sentence as the best way to punish white-collar crime: Critically evaluates the advantages and disadvantages of imprisonment and explores non-governmental alternatives.
8. Conclusion: Synthesizes the findings, suggesting a combination of theories and highlighting the societal lack of awareness regarding the severity of white-collar damages.
Keywords
White-collar crime, punishment, imprisonment, retribution, utilitarian theory, deterrence, rehabilitation, economic crime, criminal justice, offender, recidivism, corporate fraud, civil law, restitution, social awareness.
Frequently Asked Questions
What is the core focus of this research paper?
The paper examines how white-collar criminals should be punished, focusing on the role of prison sentences and whether they constitute the most effective method for dealing with economic offenses.
What are the primary thematic areas covered?
The study covers the definitions and types of white-collar crime, the economic damages caused by these acts, the philosophical theories of punishment, and an evaluation of various legal and disciplinary sanctions.
What is the central research goal?
The primary goal is to determine the function of prison sentences within modern legal systems and to assess if they are superior to other forms of punishment in addressing white-collar delinquency.
Which scientific methods are employed?
The paper utilizes a literature-based analysis of international legal principles, theories of punishment, and interprets statistical data provided by law enforcement and economic research to derive its conclusions.
What is the main subject matter of the main chapters?
The main sections provide a theoretical framework for understanding punishment, contrast it with empirical facts and figures, and discuss the practical implications of implementing prison sentences versus non-governmental measures.
Which keywords best characterize this work?
Key terms include white-collar crime, retribution, utilitarian theory, deterrence, rehabilitation, economic damages, and corporate accountability.
How does the author distinguish between "soft" and "hard" white-collar crimes?
The distinction is based on the severity of the act and the potential damage: "soft" crimes involve minor offenses like internet misuse during work hours, while "hard" crimes involve serious activities that can lead to company bankruptcy or significant financial loss.
What argument does the paper present regarding the "rational-choice theory"?
The author discusses how potential offenders weigh the pros and cons of their actions, noting that incarceration serves as an effective deterrent if the offender knows that illegal behavior carries the risk of prison, regardless of whether they know the exact duration of the penalty.
- Arbeit zitieren
- Michael Vitt (Autor:in), Katja Mulukova (Autor:in), 2011, White-collar Crime, München, GRIN Verlag, https://www.grin.com/document/175412
