scholarly journals An assessment of sentencing approaches to persons convicted of white-collar crime in South Africa

2021 ◽  
Vol 46 (2) ◽  
pp. 101-118
Author(s):  
CD Magobotiti

Assessing court sentencing approaches to persons convicted of white-collar crime is a complex task. For the purposes of this article, this research task involved assessing the appropriateness of sentences imposed within the proportionality principle during the period 2016 to 2021 in South Africa. This further involved the empirical use of both qualitative and quantitative methodologies, in order to determine how commercial courts – in this case, the Bellville Commercial (Regional) Court – impose a sentence on white-collar criminals. The article establishes that, in South Africa, categories of white-collar crime such as corruption, racketeering, fraud and money laundering are increasingly reported by the media, independent institutions and government. There is a public perception that courts are generally lenient in sentencing white-collar offenders. This article aims to determine the appropriateness of a sentence, within the principle of proportionality, for white-collar criminals, in order to deter this type of crime.

2020 ◽  
Vol 2 (1) ◽  
pp. 36-46
Author(s):  
Petter Gottschalk

This article suggests that investigative journalists in the media and fraud examiners in private investigations have the potential of filling some of the detection gap. Based on the theory of crime signal detection, this article suggests that investigative journalists are in the position of detecting white-collar crime scandals as they rely on tips and whistleblowing. Empirical evidence from Norway documents that the media disclose a significant fraction of crime stories that later result in prosecution and conviction of white-collar offenders. Empirical evidence from Norway does not document any contribution from fraud examiners in private policing of economic crime, as they typically conclude with misconduct, but no crime, often to the satisfaction of their clients.


Author(s):  
Luigi Muto ◽  
Gavin Price

The aim of this study was to investigate the motives of white-collar criminals so as to gain a better understanding of white-collar crime and develop measures that can help to reduce it. The study involved face-to-face interviews with white-collar offenders imprisoned at a correctional centre in South Africa. The data collected provided evidence to support the existing theory relating to the motives for white-collar crime; however, a previously unreported theme of race emerged as a key motivator among the respondents. Race was further identified as a key justification for committing the crime. Suggestions from the respondents to employment relations practitioners on how best to mitigate the risks were also collected and reported. The deterrents that were identified as most effective by the respondents revolved around four themes, namely reports and signing authority, working environment, education and matching roles and responsibilities.


1995 ◽  
Vol 41 (1) ◽  
pp. 20-36 ◽  
Author(s):  
John P. Wright ◽  
Francis T. Cullen ◽  
Michael B. Blankenship

Although investigative reports have contributed to the social movement against white-collar crime, few studies assess the extent to which the media socially construct corporate violence as a “crime.” We examine this issue through a content analysis of newspaper coverage of the fire-related deaths of 25 workers at the Imperial Food Products chicken-processing plant, which resulted in the company's owner pleading guilty to manslaughter. The analysis revealed that newspaper reports largely attributed the deaths to the lax enforcement of safety regulations but did not initially construct the deaths as a crime or subsequently publicize the criminal convictions.


Safundi ◽  
2002 ◽  
Vol 3 (1) ◽  
pp. 1-16
Author(s):  
Lala Camerer

Criminology ◽  
2009 ◽  
Author(s):  
Sally S. Simpson

The meaning and definition of white-collar crime is deeply contested. Most criminologists recognize that white-collar crime is different from traditional “street” crime. Disagreements center on the scope of the behavior and who, ultimately, is classified as a white-collar offender. Generally, white-collar crimes are offenses conducted by guile or concealment that involve “upper world” offenders. Broad definitions of white-collar crime can include harmful acts which are not illegal (deviance) to more narrow definitions that are tied exclusively to violations of criminal law. Depending on which definition is used, white-collar offenders may include governments, businesses, chief executive officers, professionals, welfare cheats, and individuals who illegally download software or purposefully underreport income on their taxes.


Author(s):  
Orly Turgeman-Goldschmidt

Scholars often view hacking as one category of computer crime, and computer crime as white-collar crime. However, no study to date has examined the extent to which hackers exhibit the same characteristics as white-collar offenders. This chapter looks at empirical data drawn from 54 face-to-face interviews with Israeli hackers, in light of the literature in the field of white-collar offenders, concentrating on their accounts and socio-demographic characteristics. Hackers and white-collar offenders differ significantly in age and in their accounts. White-collar offenders usually act for economic gain; hackers act for fun, curiosity, and opportunities to demonstrate their computer virtuosity. Hackers, in contrast to white-collar offenders, do not deny their responsibility, nor do they tell a “sad tale.”


2020 ◽  
Vol 61 (1) ◽  
pp. 23-41
Author(s):  
Sabine Graschitz ◽  
Marco Haid ◽  
Magdalena Mühlburger ◽  
Peter Heimerl

Abstract White-collar crime and fraudulent activities are a current topic and although white-collar crime seems to be omnipresent in the media, the cases reported only show a fraction of the overall extent. In particular, the ACFE and the Big 4 auditing companies have carried out extensive analyses of the issue of fraudulent and white-collar crime. In this article, the profiles, types and motives of the offenders as well as fraudulent acts were reviewed in the annual report in order to provide an up-to-date overview. Zusammenfassung Wirtschaftskriminalität und dolose Handlungen stellen ein aktuelles Thema dar und obwohl Wirtschaftskriminalität in den Medien omnipräsent zu sein scheint, zeigen die berichteten Fälle nur einen Bruchteil des gesamten Ausmaßes auf. Insbesondere durch die ACFE, sowie durch die Big4-Wirtschaftsprüfungsgesellschaften wurden umfangreiche Analysen des Themas doloser bzw. wirtschaftskrimineller Handlungen vorgenommen. Daraus wurden im Rahmen dieses Beitrags die Täterprofile, -typen und Motive sowie dolose Handlungen im Geschäftsbericht aufgearbeitet, um einen aktuellen Überblick zu gewähren.


2000 ◽  
Vol 10 (1) ◽  
pp. 3-26
Author(s):  
Paul O'Mahony

This article argues that there has been a lack of critical, theoretically-based analysis of Irish criminal justice. It focuses on three areas that require further theoretically grounded analysis: the relationship between social deprivation and crime, white-collar crime, and the role of the media with respect to crime. It concludes with a possible framework for future social science research on crime in Ireland.


Author(s):  
Mary Dodge

Women appear as white-collar offenders with far less frequency than do men, despite a contemporary workplace that offers more opportunities for female crime. High-level corporate positions for women that are conducive to elite deviance, however, remain relatively rare. Research on whether women are committing more white-collar crimes is inconclusive. On the victimization side of the equation, evidence is less equivocal. Both women and men are victimized by white-collar crime, but the nature of victimization is gendered. For some types of fraud, particularly reproductive medicine, women are more likely to be targets for illegal or unethical behavior. Occupational segregation increases the relative victimization risks for men and women in unique ways. This essay provides an in-depth exploration of female offending and victimization in occupational and corporate crime.


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