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FORENSIC-PSYCHOLOGICAL PROBLEMS IN PROCEEDING AGAINST WHITE COLLAR CRIMINALS (FROM WHITE COLLAR CRIME DETERMINATION OF LIABILITY, 1978, BY HANS GOEPPINGER AND HANS WALDER - SEE NCJ-56982)

NCJ Number
56987
Author(s)
P H BRESSER
Date Published
1978
Length
12 pages
Annotation
TYPES OF WHITE-COLLAR CRIMINALS AND PSYCHOLOGICAL PROCEEDINGS AGAINST THEM ARE DISCUSSED.
Abstract
ALTHOUGH THERE IS NO TYPICAL WHITE-COLLAR CRIMINAL, CERTAIN TYPES MAY BE DIFFERENTIATED FROM WHOM PSYCHOLOGICAL PROBLEMS IN COURT PROCEEDINGS ARE COMMON: (1) THE CHARMING, ARTICULATE, DYNAMIC SWINDLER WITH ABOVE-AVERAGE INTELLIGENCE AND A STRONG NEED TO FEEL IMPORTANT; (2) PROFIT FANATICS WHO ARE LIKE GAMBLERS OBSESSED WITH THEIR BELIEF IN UNREALISTIC STANDARDS, LUCK, AND THE POSSIBILITY OF QUICK GAINS, AND WHO ARE SO CONVINCED OF THE LEGITIMACY OF THEIR GOALS THAT THEY BECOME MORE AND MORE DEEPLY INVOLVED IN FRAUDULENT DEALINGS; (3) SITUATIONAL OFFENDERS WHO SEEK TO BETTER A POOR FINANCIAL SITUATION WITH ILLEGAL ACTIVITIES; AND (4) OCCASIONAL OFFENDERS WHO ENRICH THEMSELVES ILLEGALLY ON ONE OCCASION ONLY. PSYCHOPATHOLOGICAL SWINDLERS ARE ALSO CAPABLE OF DECEIVING NAIVE PSYCHIATRISTS WITH CAREFULLY ORCHESTRATED 'SYMPTOMS.' LESS PSYCHOPATHIC OFFENDERS, ON THE OTHER HAND, TEND DURING IMPRISONMENT TO FALL INTO A REAL VICIOUS CIRCLE OF DEPRESSION, DESPAIR, AND FALSE DREAMS OF SAVING HOPELESS FINANCIAL SITUATIONS, AGGRAVATED BY PSYCHIATRIC DIAGNOSES OF ILLNESS; IN SUCH CASES PSYCHOTHERAPY WITHIN THE PRISON CAN BE MORE EFFECTIVE THAN RELEASE FOR PSYCHOLOGICAL REASONS, AS EXAMPLES SHOW. MISTAKES OCCUR IN DETERMINATION OF LEGAL RESPONSIBILITY WHEN THE CONSULTING PSYCHIATRIST FAILS TO STUDY LONG-TERM CIRCUMSTANCES CAREFULLY ENOUGH AND IS DECEIVED BY THE OFFENDER; WHEN THE EXPERT MAKES QUESTIONABLE DIAGNOSES WITH VAGUE CRITERIA; AND WHEN THE EXPERT ATTEMPTS TO BE EXCESSIVELY SCIENTIFIC OR TO LEND EXCESSIVE IMPORTANCE TO HIS OWN STANDPOINT, COMPLETELY IGNORING THE TRUTH OF EXPERIENCE AS WELL AS CLEVER TRICKS OF OFFENDERS. CLEAR METHODS, SCEPTICISM TOWARD OSTENSIBLY EXCEPTIONAL CASES, AND CRITICAL REEXAMINATION OF PRELIMINARY OFFENDER INTERVIEWS AND OF CERTIFICATION BY PRIVATE DOCTORS ARE RECOMMENDED FOR ACCURATE PSYCHOLOGICAL ASSESSMENTS. NOTES ARE FURNISHED. --IN GERMAN. (KMD)

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