Jan

davisland

UnitVII_Chapter11Presentation.ppt

Home >Law homework help >Criminal homework help >Jan

Criminology

CHAPTER

Criminology, 3e Frank Schmalleger

THIRD EDITION

White-Collar and Organized Crime—Crime as a Job

Criminology, 3e Frank Schmalleger

Chapter Objectives

Describe the various types of white-collar crime.
Define corporate crime and explain how a corporation can commit a crime.
Describe the causes of white-collar crime.

continued on next slide

Criminology, 3e Frank Schmalleger

Chapter Objectives

Summarize the efforts to curtail white-collar crime.
Outline the history and activities of organized crime.
Explain criminal enterprise and identify some of the more important criminal gangs operating in the United States.

continued on next slide

Criminology, 3e Frank Schmalleger

Chapter Objectives

Explain transnational organized crime.
Summarize the effort, including federal legislation, aimed at curtailing organized crime.
Describe what can be done to combat organized crime.

Criminology, 3e Frank Schmalleger

Learning Objective 11.1

Describe the various types of white-collar crime.

Criminology, 3e Frank Schmalleger

Types of White-Collar Crime

Violations of the criminal law committed by persons of respectability and high social status in the course of their occupation
White-collar criminals are far less likely to be investigated, arrested, or prosecuted than are other types of offenders.

Criminology, 3e Frank Schmalleger

Types of White-Collar Crime

The chief criterion for a crime to be "white collar" is that it occurs as part of, or a deviation from, the violator's occupational role.
White-collar crimes result in more than $300 billion in losses to the American economy every year.

Criminology, 3e Frank Schmalleger

FIGURE 11-1 Top-Ten Internet Crime Complaint Categories.
Source: National White Collar Crime Center, Annual Report, 2010, p. 10, http://www.ic3.gov/ media/annualreport/2010_ic3report.pdf (accessed March 11, 2012). Used with permission. ©2011. NW3C, Inc. d/b/a the National White Collar Crime Center. All rights reserved.

Criminology, 3e Frank Schmalleger

Types of White-Collar Crime

Occupational Crime
Any act punishable by law that is committed through opportunity created in the course of an occupation which is legal

Criminology, 3e Frank Schmalleger

Learning Objective 11.2

Define corporate crime and explain how a corporation can commit a crime.

Criminology, 3e Frank Schmalleger

Corporate Crime

Corporate crime is a form of organized crime.
A violation of a criminal statutes either by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership, or other form of business entity

Criminology, 3e Frank Schmalleger

Corporate Crime

New York Central and Hudson River Railroad Co. v. United States (1909)
The Supreme Court reasoned that the criminal acts and intentions of a company's employees can extend to the company itself.

continued on next slide

Criminology, 3e Frank Schmalleger

Corporate Crime

New York Central and Hudson River Railroad Co. v. United States (1909)
Because corporations could be held liable for civil wrongs involving their employees' bad conduct, it would be appropriate to hold them criminally liable as well.

Criminology, 3e Frank Schmalleger

Corporate Crime

Most white-collar crimes are financial crimes.

Criminology, 3e Frank Schmalleger

FIGURE 11-2 Types of Financial Crime.
Source: From Criminology Today: An Integrative Introduction, 7e by Frank A. Schmalleger. Copyright © 2014 by Pearson Education. Used by permission of Pearson Education.

Criminology, 3e Frank Schmalleger

Corporate Crime

Environmental Crime
Violations of the criminal law that, although typically committed by businesses or business officials, may be committed by other individuals or organizational entities that damage some protected or otherwise significant aspect of the natural environment

Criminology, 3e Frank Schmalleger

Corporate Crime

Terrorism and White-Collar Crime
Terrorist activity frequently involves some form of white-collar crime because terrorists need money for daily living expenses.

continued on next slide

Criminology, 3e Frank Schmalleger

Corporate Crime

Terrorism and White-Collar Crime
Terrorist groups also frequently send a portion of the money acquired from illegal activities back to their home country or pass it along to those higher up in the chain of command.

Criminology, 3e Frank Schmalleger

Learning Objective 11.3

Describe the causes of white-collar crime.

Criminology, 3e Frank Schmalleger

Causes of White-Collar Crime

White-collar criminals have special characteristics.
They are not as dangerous as other forms of crime.
They provide relatively large rewards.
The rewards they produce may follow quickly from their commission.

continued on next slide

Criminology, 3e Frank Schmalleger

Causes of White-Collar Crime

White-collar criminals have special characteristics.
Sanctions associated with them may be vague or only rarely imposed.
May require only minimal effort from those with the requisite skills to engage in them.

Criminology, 3e Frank Schmalleger

Causes of White-Collar Crime

Personal characteristics of most white-collar workers are not generally associated with crime commission.
High educational levels
A commitment to the status quo
Personal motivation to succeed

continued on next slide

Criminology, 3e Frank Schmalleger

Causes of White-Collar Crime

Personal characteristics of most white-collar workers are not generally associated with crime commission.
Deference to others
Attention to conventional appearance
Other inherent aspects of social conformity

Criminology, 3e Frank Schmalleger

Learning Objective 11.4

Summarize the efforts to curtail white-collar crime.

Criminology, 3e Frank Schmalleger

Curtailing White-Collar Crime

White-collar crimes are often difficult to investigate and prosecute for a number of reasons.
White-collar criminals are generally better educated.
Often the evidence involved is only understandable to financial or legal experts and can be difficult for jurors to understand.

continued on next slide

Criminology, 3e Frank Schmalleger

Curtailing White-Collar Crime

White-collar crimes are often difficult to investigate and prosecute for a number of reasons.
White collar criminals are better able to conceal their activities.
Business executives are often able to hire excellent defense attorneys.

Criminology, 3e Frank Schmalleger

Curtailing White-Collar Crime

Corporate Fraud Task Force
A U.S. Department of Justice organization created by George W. Bush to investigate corporate fraud

Criminology, 3e Frank Schmalleger

Curtailing White-Collar Crime

Sarbanes-Oxley Act (2002)
A federal law that set stiff penalties for corporate wrongdoing
Officially known as the Public Company Accounting Reform and Investor Protection Act
Has been called the most far-reaching reform of U.S. business practices

Criminology, 3e Frank Schmalleger

Curtailing White-Collar Crime

Financial Fraud Enforcement Task Force
An organization created by Barack Obama in 2009 to replace the Corporate Fraud Task Force
Purpose to combat financial fraud, including false claims made under various federal economic stimulus legislation

Glossary definition included here

Criminology, 3e Frank Schmalleger

Learning Objective 11.5

Outline the history and activities of organized crime.

Criminology, 3e Frank Schmalleger

History and Activities of Organized Crime

Organized Crime
Unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including prostitution, gambling, loan-sharking, narcotics, and labor racketeering

Criminology, 3e Frank Schmalleger

History and Activities of Organized Crime

Mafia
Another name for Sicilian organized crime
La Casa Nostra
Literally "our thing"
A criminal organization of Sicilian origin

Criminology, 3e Frank Schmalleger

FIGURE 11-3 A Typical Italian American Organized Crime Family.
Source: Adapted from the President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, DC: U.S. Government Printing Office, 1967), p. 47.

Criminology, 3e Frank Schmalleger

History and Activities of Organized Crime

Ethnic succession
The continuing process whereby one immigrant or ethnic group succeeds another through assumption of a particular position in society

Criminology, 3e Frank Schmalleger

History and Activities of Organized Crime

Prohibition and Official Corruption
In many ways, the advent of Prohibition was a godsend for Mafia leaders.
The existing infrastructure of organized crime permitted easy and efficient entry into the running and sale of contraband liquor.

Criminology, 3e Frank Schmalleger

History and Activities of Organized Crime

Activities of Organized Crime
Racketeering
Vice operations
Theft/fence rings
Gangs
Terrorism

Criminology, 3e Frank Schmalleger

Learning Objective 11.6

Explain criminal enterprise and identify some of the more important criminal gangs operating in the United States.

Criminology, 3e Frank Schmalleger

Criminal Enterprise

Criminal Enterprise
A group of individuals with an identifiable hierarchy, and extensive supporting networks, engaged in criminal activity
State laws defining criminal enterprise are generally more inclusive than federal statutes.

Criminology, 3e Frank Schmalleger

Criminal Enterprise

International Organized Criminal Groups Whose Activities Impact the United States
Eurasian Criminal Enterprises
Balkan Criminal Enterprises
Asian Criminal Enterprises
African Criminal Enterprises
Middle Eastern Criminal Enterprises

Criminology, 3e Frank Schmalleger

Learning Objective 11.7

Explain transnational organized crime.

Criminology, 3e Frank Schmalleger

Transnational Organized Crime

Transnational Organized Crime
Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries

Criminology, 3e Frank Schmalleger

Transnational Organized Crime

Russian organized crime is of special interest because it has grown quickly following the collapse of the Soviet Union.
Russian organized crime seems to be a natural outgrowth of the corrupt practices of officials who operated in the days of strict Soviet control.

Criminology, 3e Frank Schmalleger

Learning Objective 11.8

Summarize the efforts, including federal legislation, aimed at curtailing organized crime.

Criminology, 3e Frank Schmalleger

Curtailing Organized Crime

Organized Crime and the Law
Hobbs Act
The first federal legislation aimed specifically at curtailing the activities of organized crime

continued on next slide

Criminology, 3e Frank Schmalleger

Curtailing Organized Crime

Organized Crime and the Law
Racketeer-Influenced and Corrupt Organizations (RICO) Act
A statute that was part of the federal Organized Crime Control Act of 1970 and is intended to combat criminal conspiracies

Criminology, 3e Frank Schmalleger

Curtailing Organized Crime

Asset Forfeiture
A type of punishment provided under RICO
The authorized seizure of money, negotiable instruments, securities, or other things of value

Criminology, 3e Frank Schmalleger

Learning Objective 11.9

Describe what can be done to combat organized crime.

Criminology, 3e Frank Schmalleger

Controlling Organized Crime

Four approaches to the control of organized crime
Increasing resources available to law enforcement agencies
Increase law enforcement authority
Reduce the economic lure of involvement in organized crime
Decrease criminal activity through decriminalization or legalization

Criminology, 3e Frank Schmalleger

Chapter Summary

This chapter distinguishes between white-collar, occupational, corporate, and organized crime.
Corporate crimes come in many forms.
White-collar criminals have many of the same motivations as do other criminals, and criminologists generally agree that white-collar crime is learned.

continued on next slide

Criminology, 3e Frank Schmalleger

Chapter Summary

White-collar crimes are often difficult to investigate and prosecute.
Much of what most Americans traditionally think of today as organized crime has roots that predate the establishment of the United States.

continued on next slide

Criminology, 3e Frank Schmalleger

Chapter Summary

A criminal enterprise is a group of individuals with an identifiable hierarchy, and extensive supporting networks, engaged in significant criminal activity.
Transnational organized crime refers to unlawful activity undertaken and supported by organized criminal groups operating across national boundaries.

continued on next slide

Criminology, 3e Frank Schmalleger

Chapter Summary

The first federal legislation aimed specifically at curtailing activities of organized crime was the Hobbs Act. The single most important piece of federal legislation ever passed that specifically targets organized crime is the Racketeer Influenced and Corrupt Organizations (RICO) Act.

continued on next slide

Criminology, 3e Frank Schmalleger

Chapter Summary

Organized crime is an integral part of the social, political, and economic systems in our society.