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Various Issues Related to White-Collar Crime

Introduction

In the recent past, there has been a rise in the rate of various crimes globally. This is more so with regards to white collar crime a kind of crime that involves diverse criminal offenses that are non-violent in nature, and usually related to fraud and other illegal financial transactions. The most common types of white collar crimes include money laundering, computer fraud, currency schemes, bank fraud and credit card fraud. The discussion of this paper is aimed at illustrating various issues related to white collar crime (David, 2005, 2).

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Reason for creating awareness

The increase in white collar crime over the last decade has called for the need to create awareness amongst the public. This is attributed to the fact that white collar crime causes great losses within the economy since an enormous amount of resources is usually involved. This creates a burden to individual citizens such as the business people, as well as to the government.

When white collar crime increases, it forms a complement to organized crime. This culminates into the emergence of lawlessness within the society. It is easier for this type of crime to be concealed. This means that the citizens can lose a lot since it is difficult for a country’s justice system to deal with it especially when the individuals are not aware of it. Through creation of awareness, it becomes possible for the government to deal with such kind of crime upon its identification. This can be achieved through the formulation of various legislations.

Strategies

Rigorous public awareness with regards to this kind of crime can be enhanced through the development of educational programs. This should ensure that the public is aware of the different types of white collar crimes and their implications to business. The internet can also be used as an alternative means of creating awareness in relation to this type of crime by giving advice to the public, on the measures that they should take to eliminate it (David, 2005, 6).

Positive and negative sanctions

On the issue of white collar crime convictions, positive and negative sanctions are beneficial in that they help in the effective transformation of behavior within the society (Recine, 2002, 7). This is due to the fact that the desired standards are effectively reinforced. For negative sanctions, the penalty that is imposed on the individual guards against the reoccurrence of such behavior. On the other hand, the positive sanctions, in form of rewards for good behavior, entrenches the recurrence of a good conduct. This results into a more effective control of crime within the society.

This not withstanding, negative sanctioning does not prevent of the occurrence of white collar crimes in the society. This translates into a weak social crime control mechanism, since it does not result into conformity.

Deterrence and coercive response

This is a crime punishment theory that is aimed at ensuring that other individuals within the society do not commit similar crimes. This involves a clear description of the magnitude of punishment that would be imposed on the offender.This should be well manifested within the legal system. The advantage of deterrence is that it warns citizens who may have such ill motives against committing the crimes due to the intense punishment involved. However, to some extent, deterrence is ineffective in curbing white collar crime. This is because the offenders of white collar crimes are rarely convicted. As a result of their wealth, they have the capacity to influence the court proceedings in their favor. They also get the best presentation in terms of lawyers. Consequently, deterrence results into discrimination since the poor individuals are convicted by the set deterrence punishment at the expense of the wealthy (David, 2005, 7)

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Coercive response refers to the concept whereby the perpetrators of white collar crimes are not willing to renounce their criminal activities. They achieve this by suppressing their criminal activities due to the perception that the crime will result into attainment of a particular goal upon the other avenues being blocked. Coercive response results into repetitive criminal behavior in the individual making it difficult for him/her to be rehabilitated.

Just deserts

In criminology, this theory stipulates that the offenders of criminal offenses deserve punishment due to their disruptive behavior in the society. Just deserts concept is aimed at preventing crime and rehabilitation of the criminals. This means that all people involved in a particular crime should be punished in the same manner and should all face justice. (Recine, 2002,5).

General deterrence

General deterrence is aimed at instilling fear amongst the public in general regarding a particular type of white collar crime. This is due to the legal punishment which is prescribed upon committing a particular white collar crime (David, 2005, 8).

Probation

With reference to white collar crime cases, probation is a form of punishment that is imposed on the offender with a constructivism motive. It is aimed at restoring the conduct of the individual. This is achieved through suspension of the sentence to an individual and ensuring that the offender is being monitored by a particular probation officer. It enables the offender to face the implication of the crime committed.

Occupational disqualification

This form of punishment is aimed at cutting off the offender from his job upon committing a white collar crime. This means that the services of the individual in his/her working organization are terminated.

Restitution

The role of restitution in white collar crime is to enable the offender to restore a certain amount of money to the claimant. This serves as a form of compensation to the plaintiff in relation to the cost that he or she incurred in the process of the crime. This makes restitution to be a form of criminal sentence that is made to the offender.

Incarceration

This refers to the confinement of an individual who has committed a criminal offence such as the white collar crime. It is usually done upon conviction or suspicion of committing a criminal offence. Incarceration is aimed at controlling the rate of crime within the society. This is due to the fact that through incarceration the offender is separated from the society for a given period of time for purpose of rehabilitation (Sheldon, Chancy & Manuel, 2007, 5).

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Community service

If the perpetrator of white collar crime is a minor, he or she is required to execute a particular task within his/her vicinity without any pay. The role of community service is to deprive the individual of liberty. This is by placing the offender within the community without isolating him or her (Recine, 2002, 6).

Reference list

David, F. (2005) How to deter white collar crime, Little Brown Publishers: New York. Web.

National Crime prevention strategy, Summary (1996). Web.

Recine, J.S. (2002) Examination of white collar crime penalty enhancement in Sarbanes: American Criminal Law Review, New York. Web.

Sheldon, N.M. Chancy, R. & Manuel, M (2007) Comprehensive incarcerated persons reform Act, Eliot publisher: New York. Web.

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