scholarly journals White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

2020 ◽  
Author(s):  
Lisa Marriott
Keyword(s):  
New Zealand ◽  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
Financial Fraud ◽  
Short Term ◽  
Employment Opportunities ◽  
Using Data ◽  
White Collar Offenders ◽  
Mitigating Factor

© The Author(s) 2019. Bagaric and Alexander (2014) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

scholarly journals White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

2019 ◽  
Vol 29 (4) ◽  
pp. 486-506
Author(s):  
Lisa Marriott
Keyword(s):  
New Zealand ◽  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
Financial Fraud ◽  
Short Term ◽  
Employment Opportunities ◽  
Using Data ◽  
White Collar Offenders ◽  
Mitigating Factor

Bagaric and Alexander ( 2014 ) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

scholarly journals White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

2020 ◽  
Author(s):  
Lisa Marriott
Keyword(s):  
New Zealand ◽  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
Financial Fraud ◽  
Short Term ◽  
Employment Opportunities ◽  
Using Data ◽  
White Collar Offenders ◽  
Mitigating Factor

© The Author(s) 2019. Bagaric and Alexander (2014) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

White-Collar Crime and Criminal Careers: Some Preliminary Findings

1990 ◽  
Vol 36 (3) ◽  
pp. 342-355 ◽  
Author(s):  
David Weisburd ◽  
Ellen F. Chayet ◽  
Elin J. Waring
Keyword(s):  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
Criminal Careers ◽  
Criminal Career ◽  
Repeat Offenders ◽  
Criminal Records ◽  
Common Assumption ◽  
White Collar Offenders ◽  
Research And Policy

The criminal career paradigm has become an increasingly important perspective in the study of street crimes, but it has generated little interest among scholars concerned with white-collar criminality. Behind this neglect lies a common assumption about white-collar criminals. Although street criminals are assumed highly likely to recidivate, white-collar offenders are thought to be “one-shot” criminals unlikely to be processed in the justice system after their initial brush with the law. This article examines the extent to which this image of white-collar criminals is reflected in the criminal records of defendants convicted under white-collar crime statutes. Findings show that white-collar criminals are often repeat offenders. The data also suggest that such offenders are likely to begin their “careers” later, and evidence lower frequency of offending than do street criminals. The article concludes by examining the implications of these findings for white-collar crime research and policy.

White-Collar Crime

Criminology ◽  
2009 ◽  
Author(s):  
Sally S. Simpson
Keyword(s):  
Criminal Law ◽  
Chief Executive Officers ◽  
White Collar Crime ◽  
Chief Executive ◽  
White Collar ◽  
Street Crime ◽  
White Collar Offenders ◽  
Definition Of ◽  
Executive Officers

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.

Between Hackers and White-Collar Offenders

2011 ◽  
pp. 18-37 ◽  
Author(s):  
Orly Turgeman-Goldschmidt
Keyword(s):  
Empirical Data ◽  
White Collar Crime ◽  
White Collar ◽  
Demographic Characteristics ◽  
Computer Crime ◽  
Economic Gain ◽  
Face To Face ◽  
White Collar Offenders

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.”

Women

2016 ◽  
Author(s):  
Mary Dodge
Keyword(s):  
Unethical Behavior ◽  
Reproductive Medicine ◽  
Corporate Crime ◽  
White Collar Crime ◽  
White Collar ◽  
Female Crime ◽  
Female Offending ◽  
White Collar Offenders ◽  
Elite Deviance ◽  
High Level

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.

Breaking the Carnival Mirror

2017 ◽  
Vol 42 (3) ◽  
pp. 367-379
Author(s):  
Kenneth R. Culton ◽  
José A. Muñoz
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
Street Crime ◽  
The Public ◽  
Policies And Procedures ◽  
Personal Experiences ◽  
The Rich

We present a reflexive paper assignment calling for students to report on their own family and/or personal experiences in order to answer the question, “From where does the greatest harm arise?” We find that, through the process of answering this question and sharing findings in class, students’ conception of criminality is broadened. Institutional forms of deviance and white-collar crime come to be understood as the real commonplace sources of harm while street crime is seen to be less common than typically imagined. The book The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice by Reiman and Leighton informs this assignment. The authors make the case that the criminal justice system presents to us a carnival mirror-like image of what causes the greatest harm to the society. The criminal justice system, through its policies and procedures, leads the public to conceive of only a narrow and distorted depiction of criminality. The typical crime is thought to be person to person, violent, and carried out by the typical criminal, who is assumed to be black, young, and urban. In opposition to this carnival mirror view, Reiman and Leighton explain that certain institutions cause immensely more harm than that caused by street criminality.

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