Politics Of Criminal Justice Essay Research Paper

Politicss Of Criminal Justice Essay, Research Paper

Politicss of Criminal Justice

White neckband offense costs the United States more money than all street offense put together in any given twelvemonth. There are more people each twelvemonth that are willing to perpetrate these offenses. Society does non experience that white-collar offenses are aberrant ; the people who commit these offenses do non believe of themselves as felons. This type of offense is one of the most exasperating even though most people feel small menace of this offense in their communities. What many do non recognize is that white-collar offenses, such as peculation, are impacting them much more in the long tally and many times go unnoticed. Because embezzlement relies on the trust of many persons, it can take to tragic economic hurt. White-collar offense is caused by greed and lax control mechanisms including accounting controls ( separation of responsibilities and creative activity of audit trails ) , physical and informations entree controls, and direction controls ( supervising, work clime, and reward systems ) . The Criminal Justice System is besides unsatisfactory in the mode in which it punishes these felons. We have decided to alter this.

Embezzlement:

The embezzlement or misapplication of money or belongings entrusted to one s attention, detention, or control.

Problem:

Embezzlers steal 4 to 6 billion dollars a twelvemonth from their employers, Masterss, and principals, yet their larcenies are seldom detected.

Goal:

To cut down the figure of white collar felons, concentrating on defalcators, in each separate province.

Firm entrenched, the survey of white-collar offense travels under a figure of criminological individualities. Some prefer the term upper universe offense, while others favor offenses of the powerful, avocational offense, economic offense, or maltreatment of power. No affair what they are called, the behaviours being classified have a similar nucleus ; they all include heists of salvaging and loan establishment, anti-trust misdemeanors, wellness attention frauds, deceit of fiscal statements, and unneeded surgery or measures for services non rendered by doctors. In a nutshell, this is what observant citizens call peculation. White-collar offenses can besides affect mortality. Hundreds of people die each twelvemonth from illicitly, insecure working conditions every bit good as medical processs done merely to roll up brawny fees. More normally, these offenses involve peculation in which unwary clients and consumers are cheated clip and clip once more. This study will analyse the cost/benefit, present value, and a determination tree diagram of the

current policy, and two options to that thereof in the end of cut downing the figure of white-collar felons prosecuting in peculation ( Geiss,57 ) .

Current Policy:

Embezzlement of $ 10,000.00 or more is a felony of the 2nd grade. Maximum all right is $ 7,500.00.

Alternate 1:

Increase mulcts to a upper limit of $ 10,000.00.

Alternate 2:

The 17,000 constabulary sections across the United provinces will engage two comptrollers per bureau who will make nil but indiscriminately look into the fiscal books and records of the companies included in their territory. The mulct will besides be increased to a upper limit of $ 10,000.00.

The academic survey of peculation has had an fickle history. It was forcefully brought to the attending of the scholarly community by Edwin H. Sutherland, so a 56 twelvemonth old sociologist at Indiana University in the thick of his 1939 presidential reference, when he coined the term white neckband offense and denounced that in no certain footings those who engaged in what he saw as evil intrigues at the disbursal of the populace good being. The ill will toward concern in Sutherland s open uping polemic on white-collar offense has ne’er been permeated criminological surveies and statements on the topic. It reflects a belief among many societal scientists that the behavior of concern is an epidemically corrupt endeavor. Any enterprise whose basic end is to gain maximization, it is felt, will be tainted and twisted ( Geis,59 ) . We have come up with new agencies, through Alternative 2, to maintain a alert oculus in the procedure thereof. While the Current policy and Alternate 1 are both self explanatory, Alternative 2 may be in demand of account. We have decided to engage two comptrollers per constabulary territory. Some smaller bureaus will merely engage one, while larger bureaus will engage three. These comptrollers will travel to every concern in their territory and look into fiscal records to do certain that each is being ran in a legal mode. Probes will be called to those which are in inquiry and maximal mulcts will be placed on those who do non stay by the jurisprudence.

White-collar offense is an country of survey in which much stuff remains to be minded. It besides is a kingdom of enquiry that sheds considerable visible radiation on some of the more important facets of modern-day life. Among the societal and criminological issues that farther work on white-collar offense can light, the following seem noteworthy:

1. White-collar offense challenges the more commonplace sorts of accounts of condemnable activity. To state that poorness causes offense fails absolutely to account for widespread lawbreaking by individuals who are inordinately flush. To propose that felons lack self-control similarly ignores wrongdoers such as anti-trust lawbreakers and inside bargainers whose lives and accomplishments represent theoretical accounts of success through the exhibition of self-denial.

2. White-collar offense indicates the distribution of power in our society. An scrutiny of position shows corporate and occupational Acts of the Apostless have come to be included within the condemnable codification and regulative Torahs and activity that goes without question. The passage of new statute law is the cardinal factor in predominating at cut downing peculation.

3. White-collar offense portrays the mode in which power exercised illicitly in our society. A reappraisal of upper universe misdemeanors and the mode in which they are, and are non, prosecuted and punished Tells who is able to command what in American society and indicates the extent to which such control is effectual.

4. White-collar offense provides an indicant of the grade of lip service nowadays in society. Such lip service may be seen as purchase by agencies of which the society is forced toward congruity between its verbal committednesss and existent behavior, much as Gunnar Myrdal insisted. He believed that the quandary in the United States between democratic thoughts and the existent intervention of minorities exerts ceaseless force per unit area for rapprochement in footings of the values. In respect to embezzlement and white-collar offense, lip service exists when offense among the lower category is viewed with antipathy and punished badly while upper-class depredations are countenanced and defined as nil more than termagant concern pattern.

5. White-collar offense illustrates alterations in societal and concern life, therefore, the old clip grocer weighing ware by manus and covering with clients on a personal footing likely had less inclination and less chance to victimize. Today s supermarkets engage basically in the lease of shelf infinite to makers and manufacturers and typify impersonally ensuing in effects of offense affecting consumer fraud and misrepresentation.

6. White-collar offense furnishes helpful stuff for understanding the alterations in societal values. Contemporary Torahs demanding that nutrients be uncontaminated and efforts at pollution controls reflect an emerging ethos that insists that every individual be accorded every sensible chance to stay alive and healthy until cut down by unmanageable forces. In the hereafter, if support cements for the right of all human existences to accomplish their full potency, new signifiers of white-collar offense will be legislated. The followers is the costs and benefits of the three elements of legislative assembly, current and futuristic.

Cost/Benefit Analysis

Current Policy:

Cost of tribunal processs:

15,200 apprehensions @ $ 350.00

= & # 8211 ; $ 5,320,000.00

Police officer s wage:

600,000 officers @ $ 35,000.00

= – $ 21,000,000,000.00

Fines:

10,832 strong beliefs @ $ 7500.00

= $ 81,240,000.00

Sum: – $ 20,924,080,000.00

Alternate 1:

Cost of tribunal processs:

15,200 apprehensions @ $ 350.00

=- $ 5,320,000.00

Police wage:

600,000 officers @ $ 35,000.00

=- $ 21,000,000,000.00

Fines:

10,832 strong beliefs @ $ 10,000.00

= + $ 108,320,000

Sum: – $ 20,897,000,000.00

Alternate 2:

Accountants:

34,000 comptrollers @ $ 40,000.00

= – $ 1,360,000,000.00

Court Costs:

15,200 apprehensions @ $ 350.00

= – $ 5,320,000.00

Fines:

10,832 strong beliefs @ $ 10,000.00

= $ 108,320,000.00

Sum: – $ 1,257,000,000.00

**In the Cost/Benefit analysis, the figure of apprehensions for embezzlement/white-collar offense in Ohio is 15,200 a twelvemonth. This information was given to us by the Clerk of Courts. The figure of constabulary officers in Ohio is 600,000. This information was taken from the Source Book of Criminal Justice. Alternative 2 is the highest benefit and

lowest cost.

The physical injury that can be directed toward white-collar offense is fiscal loss, which coincides with at least three groups: employees of piquing houses, consumers, and the community at big. Physical injury to employees include insecure on the job conditions, the effects of black-lung disease and asbestos toxic condition, and injury done ensuing from the sale of insecure merchandises. These operations include excavation and fibreglass workss, old edifices, and nutrient and drug beginnings. Possibly the most dramatic and important instance of consumer injury in recent history arose over the maker and sale of an car, the Ford Pinto, which has been linked with a figure of driver and rider human deaths due to an insecure fuel armored combat vehicle. Although the condemnable test related to this instance resulted in acquittal of the Ford Motor Company, observers have been speedy to indicate out that the principal of makers liability for their merchandises was more steadfastly established by the test. Many other cases of terrible physical injury might be cited, although they have non ever resulted condemnable prosecution and strong belief. For several old ages the Beechcraft Company allegedly used a fuel pump with a faulty design that caused a figure of deceases of pilots and riders in the Beechcraft Bonanza series of aircraft ; the engine would frequently procrastinate when the plane was interrupting shortly after takeoff, doing a loss of power and control ( Geis, 89 ) .

Possibly because physical hurts are non readily quantifiable in footings of dollars and cents, these effects of white-collar and corporate criminalism are viewed as more serious by citizens than are fiscal or belongings losingss. One job is that it is frequently impossible to show those actions taking to physical hurts which were knowing or the consequence of defective determination devising or other human-like qualities. This obviously accounted for the recent tribunal determination that found Ford Motor Company non guilty of the deceases of individuals ensuing from the Pinto fuel armored combat vehicle detonation and fire. To mention the deficiency of complete certification refering corporations argue against impression that the populace, irrespective of rigorous legal standards, may fault corporations and their officers for such Acts of the Apostless ( Geis,92 ) . However, it must be recognized that all the cautiousnesss refering informations beginnings sing economic injury apply with even greater force in the instance of physical injury. The present value analysis shows what the Current policy, Alternative 1, and Alternative 2 would be five old ages into the hereafter ; all are little monetary values to pay to stop this misrepresentation.

Current Policy:

1 2 3

Court Cost Court Cost Court Cost

15,200 ( $ 350 ) 15,300 ( $ 400 ) 15,000 ( $ 400 )

Police Police Police

600,000 ( $ 35,000 ) 600,300 ( $ 35,000 ) 600,300 ( $ 36,000 )

4 5

Court Cost Court Cost

15,900 ( $ 400 ) 16,000 ( $ 450 )

Police Police

601,300 ( $ 36,000 ) 601,500 ( $ 37,000 )

Entire 1 Entire 2 Entire 3

$ 21,000,000,000 $ 21,010,500,000 $ 21,610,800,000

Entire 4 Entire 5

$ 21,646,800,000 22,255,500,000

1 2 3

Entire 1 + Entire 2/1.05 + Entire 3/1.10

4 + 5

Entire 4/1.16 Entire 5/1.22

Entire Five Year Projected Cost = $ 97,559,428,779

Alternate 1:

1 2 3

Court Cost Court Cost Court Cost

15,200 ( $ 350 ) 15,000 ( $ 400 ) 14,000 ( $ 400 )

Police Police Police

600,000 ( $ 35,000 ) 600,300 ( $ 35,000 ) 600,300 ( $ 36,000 )

4 5

Court Cost Court Cost

13,500 ( $ 400 ) 13,000 ( $ 450 )

Police Police

601,300 ( $ 36,000 ) 601,500 ( $ 37,000 )

Entire 1 Entire 2 Entire 3

$ 21,005,220,000 $ 21,016,500,000 $ 21,616,400,000

Entire 4 Entire 5

$ 21,652,200.000 $ 22,261,350,000

Entire 1 + Entire 2/1.05 + Entire 3/1.10

Entire 4/1.16 + Entire 5/1.22

Entire Five Year Projected Cost = $ 97,584,904,866

Alternate 2:

1 2 3

Court Cost Court Cost Court Cost

15,200 ( $ 350 ) 15,000 ( $ 350 ) 14,500 ( $ 400 )

Accountants Accountants Accountants

34,000 ( $ 40,000 ) 34,000 ( $ 40,000 ) 35,000 ( $ 40,000 )

4 5

Court Cost Court Cost

14,250 ( $ 450 ) 13,000 ( $ 500 )

Accountants Accountants

35,000 ( $ 41,000 ) 35,500 ( $ 42,000 )

Entire 1 Entire 2 Entire 3

$ 1,365,320,000 $ 1,365,250,000 $ 1,405,800,000

Entire 4 Entire 5

$ 1,441,412,500 $ 1,497,500,000

Entire 1 + Entire 2/1.05 + Entire 3/1.10

Entire 4/1.16 + Entire 5/1.22

Entire Five Year Projected Cost = $ 6,413,614,094

** When one sees a diminution in the figure of tribunal instances, this means the system is working. Wages increase every few old ages in most businesss, so we have increased them every bit good. We have besides added 5 % rising prices every twelvemonth. One can besides see the figure of constabulary officers needed will increase. The figure of comptrollers is based on the figure designated to each territory. Alternate 2 is the lowest cost over the five twelvemonth period.

Victims of white-collar offenses are people and organisations who give their assurance and trust to the unworthy. Victims do non adequately test their victimisers or their proposals and they easy succumb to entreaties to their fright, greed, every bit good as demand for self-preservation ( Geis and Stotland,327 ) . Victims of offense can action, but they barely of all time acquire anything back or retrieve from their amendss.

The conventional wisdom in white-collar offense suggests the undermentioned: Psychological hindrances, physical security, and internal accounting controls are no lucifer for a determined employee stealer with entree to assets and accounting books. Some condemnable justness governments believe that felons ground through their offenses by weighing such factors as hazard of apprehensiveness, badness of penalty, and societal disapproval against the expected wagess. Other governments suggest that felons become so involved in their hazards that they overweigh the wagess and under-weigh the hazards. In other words, felons have one-track heads ; they are so determined and so goal-oriented that they inveterate err a side of optimism. Indeed if it were non that manner, constabulary, hearers, and research workers would catch far fewer felons. Much of the literature on condemnable behavior trades with the apparently unreason of felons. ; the premise is that anyone who deliberately violates the jurisprudence and hazards societal disapproval and penalty must be ill. The rationale stems from a really narrow point of position. White-collar felons do, at least, measure the hazards of apprehensiveness, societal disapproval, and penalty before they commit a condemnable act merely as investors do. They both weigh both the hazards and expected wagess. To them, offense is a affair for cost benefit analysis, which is a rational, useful procedure. As a affair of control policy, it seems logical to keep tight controls as a psychological hindrance. Disincentive is besides a affair of cost and benefits every bit good as tough determination devising. Control costs and a positive terminal consequence should bear some sensible relationship to the value of the protected assets. The undermentioned Decision Tree analysis looks at the effectivity of the plan. It forces people to believe before they make a determination and is proposed in a logical format.

Decision Tree Analysis

**The Decision Tree analysis our end and the per centums of the likely addition and lessening of that thereof. This analysis was based on 10,000 strong beliefs.

White-collar offense has been diversely described or defined as occupational, corporate, economic, or fiscal misrepresentation. The common features of each of the alleged white-collar offenses are knowing mendacity ( embezzlement, fraud, larceny, and corruptness ) , devastation of belongings ( industrial sabotage ) , gross carelessness ( merchandise liability ) , failure to follow with authorities ordinances on environment pollution, unjust pricing patterns, false advertisement, insecure and unhealthy merchandises, stock or revenue enhancement fraud, and so on ( Bologna,9 ) .

White-collar offense is that of stealing and misrepresentation. New statute law needs to be passed in order for this to discontinue. Trails are frequently destroyed, facts are distorted, justifications are concocted, and physical force per unit areas are brought to bear on victims to deter prosecution. Because white-collar offense can be detected by scrutinizing books and records for knee pantss of control, trust, and assurance by descrying divergences from conventional accounting methods or divergences from outlooks, we feel that Alternative 2 is the best pick. As noted by xanthous high spots, Alternative 2 consequences in the best Cost/Benefit, Present Value, and Decision Tree Analysis. It presents the lowest cost-highest benefit, lowest five twelvemonth projection cost, and consequences in the highest decrease of the figure of white-collar felons.

Everyone must go better informed about white-collar offenses in order to forestall misrepresentation and base on balls Torahs with tighter reverberations. For illustration, one must be wary of employees who ne’er take holidaies, live beyond their agencies, or suffer from temper swings. One must besides be watchful to offers that sound excessively good to be true- they normally are ( Karchmer and Randall,37 ) .