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NCJ Number: 39164 Find in a Library
Title: IS 'WHITE-COLLAR CRIME' CRIME - (FROM WHITE-COLLAR CRIMINAL - THE OFFENDER IN BUSINESS AND THE PROFESSIONS, 1968 BY G GEIS - SEE NCJ-39155)
Author(s): E H SUTHERLAND
Corporate Author: Atherton Press
United States of America
Date Published: 1968
Page Count: 12
Sponsoring Agency: Atherton Press
New York, NY 10011
Format: Document
Language: English
Country: United States of America
Annotation: A COMBINATION OF TWO ABSTRACT CRITERIA IS GENERALLY REGARDED BY LEGAL SCHOLARS AS NECESSARY TO DEFINE CRIME; NAMELY, LEGAL DESCRIPTION OF AN ACT AS SOCIALLY INJURIOUS AND LEGAL PROVISION OF A PENALTY FOR THE ACT.
Abstract: AN ANALYSIS OF 547 ADVERSE DECISIONS MADE BY COURTS AND COMMISSIONS AGAINST 70 LARGE INDUSTRIAL AND MERCANTILE CORPORATIONS IN THE UNITED STATED INDICATED THAT ALL OF THE CLASSES OF BEHAVIOR REGARDING WHICH THE DECISIONS WERE MADE ARE LEGALLY DEFINED AS SOCIALLY INJURIOUS. A REVIEW OF THE FOUR TYPES OF LAWS COVERING THE PROSCRIBED BEHAVIORS CONSIDERED (ANTITRUST, FALSE ADVERTISING, VIOLATIONS OF NATIONAL LABOR RELATIONS LAWS, AND INFRINGEMENT OF PATENTS, COPYRIGHTS, AND TRADEMARKS) SHOWED THAT EACH PROVIDES A PENAL SANCTION AND THUS MEETS THE SECOND CRITERION IN THE DEFINITION OF CRIME. THIS CONCLUSION IS MADE MORE SPECIFIC BY AN EXAMINATION OF THE PENAL SANCTIONS PROVIDED IN THE LAWS. IT IS SHOWN THAT THE CORPORATIONS COMMITTED CRIMES ACCORDING TO 473 ADVERSE DECISIONS, ALTHOUGH THE CRIMINALITY OF THEIR BEHAVIOR WAS BLURRED AND CONCEALED BY SPECIAL PROCEDURES. THREE FACTORS WHICH ASSIST IN EXPLAINING THIS DIFFERENTIAL IMPLEMENTATION OF THE LAW (AND THE ACCOMPANYING ELIMINATION OF THE STIGMA OF CRIME) ARE DESCRIBED: THE STATUS OF THE BUSINESSMAN, THE TREND AWAY FROM PUNISHMENT, AND THE RELATIVELY UNORGANIZED RESENTMENT OF THE PUBLIC AGAINST WHITE COLLAR CRIMINALS....ELW
Index Term(s): Consumer fraud; Labor relations; Offense classification; White collar crime
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39164

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