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NCJ Number: 48808 Add to Shopping cart Find in a Library
Title: WHITE COLLAR CRIME - CAN THE COURTS HANDLE IT? PROCEEDINGS OF THE INSTITUTE OF CRIMINOLOGY
Author(s): ANON
Corporate Author: Institute of Criminology
Sydney University Law School
Australia
Date Published: 1975
Page Count: 84
Sponsoring Agency: Institute of Criminology
Sydney, 2000, Australia
National Institute of Justice/
Rockville, MD 20849
Publication Number: NO 23
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: Australia
Annotation: THIS SEMINAR DEFINES WHITE COLLAR CRIME, EXAMINES A PROFILE OF THE TYPICAL WHITE COLLAR CRIMINAL, LOOKS AT THE ABILITY OF THE AUSTRALIAN COURT SYSTEM TO HANDLE COMPLEX FRAUD CASES, AND RECOMMENDS SEVERE SENTENCING.
Abstract: FOLLOWING AN OVERVIEW OF THE WHITE COLLAR CRIME PROBLEM, THE SEMINAR EXAMINED THE CAPACITY AND SUITABILITY OF AUSTRALIA'S EXISTING LEGAL PROCESSES FOR HANDLING WHITE COLLAR CRIMINALS. A PROFILE IS GIVEN OF THE TYPICAL CORPORATE CRIMINAL. HE IS USUALLY A MALE BETWEEN THE AGES OF 30 AND 50 WITH NO PRIOR INVOLVEMENT WITH THE LAW. BECAUSE OF HIS 'RESPECTABILITY,' HE USUALLY RECEIVES A LIGHT SENTENCE. THE PAPERS COVERING LEGAL PROCEEDINGS FOUND THAT THE CURRENT COURT STRUCTURE IS POORLY EQUIPPED TO HANDLE COMPLEX FRAUD CASES. PROCEDURES WHICH COULD BE USED TO SHORTEN THE TIME REQUIRED FOR SUCH HEARINGS ARE DISCUSSED. THE PAPERS REVIEW THE DIFFICULTIES OF INTERSTATE DOCUMENTATION, RECOMMEND SPECIAL JURIES AND SPECIAL TRIBUNALS TO HEAR COMPLICATED COMMERCIAL CASES, POINT OUT THE ADVANTAGES OF VOIR DIRE EXAMINATIONS BEFORE JURIES ARE EMPANELLED, AND CITE THE PROBLEMS INHERENT IN GETTING EXPERT WITNESSES IN WHITE COLLAR CASES. TIME MITIGATES AGAINST SUCCESSFUL PROSECUTION. IT WAS POINTED OUT THAT SUMMONSES FOR 1973 CASES WERE GOING OUT IN 1975 AND THAT TRIALS LASTED SO LONG THAT WITNESSES NOT ONLY HAD TIME TO FORGET, THEY ALSO HAD TIME TO DIE, MOVE OUT OF THE AREA, OR BE APPROACHED BY THOSE WITH AN INTEREST IN THE HEARINGS. THE PENALTIES HANDED OUT IN SUCH CASES WERE CRITICIZED. IT IS POINTED OUT THAT THE BURGLAR WHO STEALS A FEW HUNDRED DOLLARS RECEIVES A LONG PRISON TERM WHILE MANY CORPORATE OFFICERS WHO STEAL MILLIONS GO UNPUNISHED. IT WAS FELT THAT THE WHITE COLLAR CRIMINAL NEEDS TO BE LABELED 'CRIMINAL,' AND NOT REGARDED AS AN ERRANT SERVANT. REFERENCES ARE INCLUDED IN THE TEXT AND IN FOOTNOTES. (GLR)
Index Term(s): Australia; Judicial process; Pretrial procedures; Sentencing/Sanctions; Trial procedures; White collar crime
Note: PROCEEDINGS OF THE INSTITUTE OF CRIMINOLOGY, N 23, 1975
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=48808

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