CRIMES Essay Example

  • Category:
    Law
  • Document type:
    Assignment
  • Level:
    Undergraduate
  • Page:
    2
  • Words:
    1015

The punishment for соrроrаtе and whitе-соllаr сrimеs tends to be less sеvеrе than those for сrimеs of viоlеnсе.

Introduction

Criminology research has focused much about the public attitude on different crime policies that are implemented to reduce the various types of crimes in the society. Most of the studies have focused a lot on the attitude of the citizens towards the punishment introduced to the victims of white collar crime. The paper shall outline what the members of the public perceive the offence type to the categorised crimes. The paper shall also be important to recognize that justice may be needed to the two different crimes such that the two offenders may respond differently to the justice process. The impact of the incarceration and convictions shall also differ between the corporate and white-collar crimes and those for crimes of violence (Friedrichs, 2010).

White-Collar Crimes and Crime of Violence

White –collar crimes refer to financially motivated non-violent crimes that are mostly committed by government and business professionals. Such offences include bribery, fraud, embezzlement, forgery, identity theft, copyright infringement, and insider trading. Corporate crime is crimes in the whole business and mostly from individuals or investors at the high ranked positions in the corporate or business. Therefore, both corporate and white-collar crimes are within the world of business (Whitzman, 2008). Crime of violence occurs when the offender uses violent force or threats towards the victim. The crime includes murder or robberies that are associated with weapons. Such crimes are prone to very tough punishments in the Australia compared to those of corporate and white collar crimes. Some of such punishments lead to life imprisonment or even death.

Forms of white-collar crimes

An example of white collar- crimes may be involvement of lack of trust. Abusive or criminal behaviour under this category involves the offender who has been given the power to make the decision fails to be responsible (Forbes, 2007). He or she accepts bribes, misuse an employer’s property, misuse labour union pension funds, grants contract on behalf business employer and create “ghost” payrolls. Here the offender has powers in their positions to cause harm due to his or her own interests through manipulation of papers and computer records to bury any evidence. There are consequences faced by both the community and individuals from the two types of crimes.

Consequences

First, the consequences may be characterised by the individual economic loss. For example, the average amount lost through embezzlement is approximated to be about $ 1,000,000 compared to the crimes of violence on the highway that approximated to be about $1,032. White collar crimes can, therefore, cost more interns of financial losses. Secondly, they can have emotional consequences when the misconducts of these victims are exposed to the entire society. Such an emotional consequence may involve stress from victimizations, damage of public morale and violation of trust. There is a basis to believe that the level of trust may be connected to the different offenders. Lastly, there may be the consequences of physical harm (Forbes, 2007). For example, the loss of one’s entire retirement savings may contribute health problems to the white collar crime victims.

Limitations to curb white-collar crimes

The approach to effective of the white collar crimes has been slow because of the lack of the information by the public. There reports showing that all over the world, Australia have soft civil penalties on white-collar crimes. Also in various report evaluating penalties in Australia, Australian Securities and Investment Commission (ASIC) has indicated that corporate crime faces light weight (Friedrichs, 2010). Therefore, the government should consider the schemes directed to the different category of the victims. This is as a result of a problem of unsatisfactory penalties for frauds is part of the problem of inappropriate penalties for white collar crimes. Secondly, there have been insufficient data to regulate companies such as occupational health and safety and consumer protection.

Penalty involved in white-collar crimes

In Australia, a person found guilty on white collar crime is first imposed to a penalty of the sum of money not limited to the benefit they obtained. If the victim fails to pay the sum required, he or she is required to serve a term in prison in default of payment. Such a penalty may be underestimated and lead to loss of revenue to the state or the company. Their law also demands that the claimant should have enough evidence that the criminal activity has taken place and the funds demanding represent the process of such crime (Hartley, 2008). In this context, there might be insufficient data or evidence to the crime, therefore, leading to escape of the offender and loss to the business.

Advancement carried out.

Much has been done by the state to reduce the number of corporate crimes and tighten the punishments. Since 2008 major advancement have taken place in the prosecution of the overseas bribery through the Anti-bribery Convention (Whitzman, 2008). The body introduced in 2008 aimed at settling cases involving serious frauds in the offices. Such initiative has provided an important platform to settle complex cases that are both difficult and costly to prosecute. Through the introduction of the Anti-bribery Convention, the people shall increase good behaviour and those who intentionally break the law shall not get financial gain (Friedrichs, 2010).

Conclusion

There should be also introduction of public relations campaign through the support of the Australian business institutions and also the political leaders. This is a vital practice because depressing international reputation is a threat to the economy. Therefore, the government should regulate its policies on the punishment implemented to the corporation and white-collar crimes in order to reduce such crimes.

References

Forbes, C. (2007). Under the volcano: The story of Bali. Melbourne, Vic: Black.

Friedrichs, D. O. (2010). Trusted criminals: White collar crime in contemporary society. Belmont, CA: Wadsworth Cengage Learning.

Hartley, R. D. (2008). Corporate crime: A reference handbook. Santa Barbara, Calif: ABC-CLIO.

Stevenson, A. (2010). Oxford dictionary of English. New York, NY: Oxford University Press.

Whitzman, C. (2008). The handbook of community safety, gender and violence prevention: Practical planning tools. London: Earthscan.