For example, crimes like breach of trust, forgery, fraud and security commission are consider as white-collar crimes, as it involves highly educated person or person with high social status to commit such crimes. 2. How do the crimes happen? As for fraud, based on my experience, this case normally happens in the sales and purchase of second-hand car. The second-hand car dealer will normally request
CHOICES “White collar crime” refers to those offenses that are anticipated to generate fiscal gain using some form of dishonesty. This type of crime is usually committed by people in the commercial world who, as a result of their employment position, are able to get a hold of large amounts of other people’s money. “White collar crime” does not involve forceful, drug-related, or blatantly illicit activities. In fact, perpetrators are typically involved in otherwise lawful industries and may hold respectable positions in the community prior to the discovery of their fraudulent schemes. The slogan “white collar crime” was made up in 1939 by Edwin Sutherland during a dialog which he gave to the American Sociological Society.
It is costly and takes time for a company to investigate a fraud case. Sometimes when fraud cases are prosecuted, the sentences they receive is very light compared to what they have done to the company. This discourages companies to report fraud. If the company doesn’t report a fraud on the other hand would have many problems. First of which, those who have acted illegally may think that they have not received any consequences to their actions and might repeat their actions in another workplace.
The principle of negligence is to determine a guilty party when someone acts in a careless manner and causes injury to another person. Negligence names the careless person legally liable. In order to win, the plaintiff must prove four different elements. The first element that must be proven is Duty of Care. The defendant must have owed the plaintiff legal duty of care.
As explained by Heath (2008), all five techniques of neutralization are used justifying corporate crime. For example, due to the organizational hierarchy in corporations, and the extent to which how many people are involved, it is easy for individuals to point fingers at one another, thus denying responsibility (Heath, 2008). Another important aspect of corporate crime is the denial of injury. Many of the people involved in this type of crime participate because there is often a “faceless” character (Heath, 2008, 606). This suggests that when the victim is unknown or there is no interaction with the actual corporation, the attitudes towards committing the crime is more positive (Heath, 2008).
TYPES OF WHITE COLLAR CRIME:- According to Herbert Edelhertz white collar are of four types on the basis of motivation of the perpetrator. They are:- 1. Individual basis crime like as income tax evasion, bankruptcy fraud, credit purchase or taking loans with no intention to pay and insurance fraud. 2. In the course of employment.
Under the tort liability law, also known as "the law of negligence", a person is considered liable for committing a tort, if they have failed to satisfy the standard of care - a standard determined by the behavior of a reasonably prudent individual. The tortfeasor's actions are measured against the actions of a reasonably prudent person, and they are found to be below-standard, the individual is guilty of negligence. The tort liability law applies mainly to unintentional torts. In the case of intentional torts and strict liability torts, the defendant is found guilty regardless of negligence. If a wrongful act is done deliberately, the possibility of negligence is ruled out automatically.
First, the ongoing disputes about outlining and categorizing white collar crime muddles the process. White collar crime is often more complicated verse traditional crime. It almost always involves some form of trust. Second, a greater amount of white collar crime is not reported or officially identified compared to traditional crime, and the costs of unreported crime are more difficult to measure. Its victims are usually a large group, faceless who feel they are stigmatized or seldom know they are being victimized.
Crime has been defined in general as an act or omission that has been forbidden by law and is usually associated with a sanction. John Stuart Mill, in his Harm Principle stated that an act should be criminalised based on the harm it has inflicted on other people. The State is justified in criminalising acts that crates unjustifiable and serious risks to others. A victimless crime is when a particular act does not have any victim or when the only person who is affected is the person committing it or when the person who will be classified as a victim has consented to such an act. As there is no clear victim in this case the principle of harm will not be applicable here and would not be considered as an act that can be criminalised.
First examining Reiman and Leighton we can see the problems facing white-collar crime compared to common crime. Common crime is seen as more harmful than WCC. Crime is seen to be most commonly committed by young, poor, minority, males. They are counteracted by a maybe not perfect justice system. The police arrest them, the courts convict them, and the prison corrects them.