White Collar Crime Essay

White Collar Crime

Theoretical Perspectives of Criminal Behavior

Three broad theoretical models of criminal behavior have historically prevailed. These models include psychological models of criminality, sociological models of criminality, and biologically -- based models of criminal behavior. Each of these models suggests different ideologies and different methods of control for criminal behavior; however, there is quite a bit of overlap in each one.

Psychological Theories of Criminal Behavior

Psychology is a broad discipline that involves many subcategories. In general psychological theories of criminal behavior share several core fundamental assumptions (Mischel 1968). First, in psychological theories of behavior the primary unit of analysis is the individual. Secondly, psychological theories of behavior typically describe personality as the driving unit of behavior within people. Third, social consensus defines normal standards of behavior. Fourth, criminal behaviors result from aspects of the personality that are either dysfunctional, abnormal, or inappropriate. Criminal behaviors may address certain needs and individuals. And finally, the defective personality processes may have several different causes including biological causes, inappropriate learning, or may represent maladjustment to certain inner conflicts.

Clinical psychologists assume that there is a small subset of psychological criminal types currently defined in the Diagnostic and Statistical Manual for Mental Disorders -- five (American Psychiatric Association [APA] 2013) as antisocial personality disorder. This type of criminal displays deviant behavior or in childhood or adolescence which is associated with a lack of empathy, self-centeredness, and the view that others are merely tools or a means for them to satisfy their needs (APA 2013).

Psychological models also traditionally assumed that forms of punishment or sanctions are generally ineffective in changing behavior as they are not traditionally applied in an effective manner according to operant behavioral principles and the end result of punishment is that the person being punished simply tries to avoid future punishment but does not necessarily change the behavior that led to the punishment (e.g., Skinner 1966). Psychological principles would favor such things as prevention to prevent crime and rehabilitation, retraining, relearning, and other forms of dealing with unwanted behavior as a means to change (e.g. Mathias 1995). Moreover, methods and policies designed to maintain self-awareness in individuals and provide a visible presence of enforcement agents can lead to a decrease in criminality (Diener 1979).

Psychological approaches to crime would also include various theories of learning. These theories have been applied at the group level by sociologists.

Sociologically Based Approaches

Sociological theories and psychological theories of criminal behavior are heavily entwined. There are numerous sociological theories concerning the cause and control of criminal behavior. In general sociological theories of criminality attempt to connect the individual's behavior with broader social structures and cultural variables, discuss how the contradicting factors of these variables interact to lead to criminal behavior, investigate how these structures have historically developed, and view criminal behavior from the standpoint of social constructionism and concentrate on the social causes of criminality.

Durkheim (1897) coined the term anomie to describe a feeling of a lack of being connected to society or feeling that there is a lack of social norms to help them explain suicide and sociologists later used the term to describe the disconnect of the individual and the collective social consciousness. In this viewpoint criminality results as a consequence of the failure to properly socialize persons and/or a consequence of the unequal opportunities between different groups of people (Merton 1968). Society constructs criminality and therefore certain types of activities are labeled criminal; however, this label is often implied unequally between the different groups and if the definition of criminal behavior was taken literal everyone in society would be engaging in some form of criminal behavior (e.g., Schur 1965). Social programs to increase legitimate opportunities for advancement and the payment of goods would therefore eliminate much criminality in society. Programs that socialize children properly while providing support would also reduce criminal behavior. Finally, unlike psychological theories, sociological theories of criminal behavior would advocate for stricter and harsher penalties for more serious crimes. For instance, is well-known that of the many felony criminal acts tried in the courts only a small percentage actually end up going to trial and a small percentage of those go to prison. Imprisonment should include punishment and rehabilitation (Hester and Eglin 1992).

Biological Approaches

Biological theories of behavior have increased in popularity recently. Biological theories of criminality indicate that criminal behaviors result due to some biological flaw in the individual that could be due to either heredity, dysfunctions with neurotransmitters in the brain, or brain abnormalities as result of heredity, trauma, or a developmental issues (Raine 2002).Biological theorists often assume a dogmatic approach to behavior and would endorse stricter penalties and law enforcement techniques to control crime. In addition there are some interventions that are strictly biological that have been used to control behavior such as psychosurgery, chemical methods of control such as chemical castration for sex offenders, and newer techniques such as deep brain stimulation (Burton 2002). Biological theorists would not endorse rehabilitation to the extent that sociological and psychological theorists would due to the notion that these types of behaviors, if biologically-based, would not effectively remit with these methods.

A more holistic and realistic view of criminal behavior would incorporate all three basic theories and recognize the fact that in any individual case certain factors would be more predominant than others. Thus, an overarching theory of criminal behavior would have to take into account all of the above theoretical positions.

White Collar Crime

The criminologist Edwin Sutherland defined white-collar crime as "crime committed by a person of respectability and high social status in the course of his occupation." Sutherland (1983: 9). Later Benson and Mandensen (2007) added the idea that white-collar crime was a type of property crime committed through the use of deception and committed by non- -- physical means. In general, white-collar crime is viewed as a type of nonviolent crime often committed by middle or upper level management and performed as a means to derive financial benefit in professional or commercial circles. The United States Justice Department has concentrated on the notion that white collar offenses are non-violent illegal activities that involve deception, concealment, breach of trust, subterfuge, or illegal circumvention (U.S. Department of Justice 1992). Thus, under that particular definition such things as illegally purchasing prescription medications or pirating illegal copies of movies could qualify as white-collar crime. It is highly unlikely that these types of crimes would be treated the same way as an upper-class businessman who embezzles millions of dollars from a large company. While the United States Justice Department has attempted to remove the notions of economic status from white-collar crime it is probably a good bet that these types of distinctions make a difference in who is charged and punished for so-called white-collar crimes. Thus, by formal distinction the term white-collar crime is a little vague; however, by prosecution it is generally considered to be nonviolent crimes committed against corporations by management level employees.

According to the Cornell University Law School the most frequent types of offenses labeled as white-collar crime include computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft (Cornell University Law School 2013). However, despite the U.S. Justice Department's attempt to remove the notions of economic status from white-collar crime is clear that many of these offenses are not labeled as white-collar crimes by arresting agencies, thus the actual incidence of so-called white-collar criminal offenses is difficult to estimate. In general, the crime is not considered a white-collar crime unless the offenses committed by someone in a higher social class. The discrepancy between how the same crime is treated by the legal system or by the organization targeted often depends on the social economic status of the perpetrator, the desire of the organization to keep a low profile, how much mileage the press can get out of a story, etc. Therefore, there is potential that so-called "white-collar criminals" are separated from other perpetrators through administrative channels and as a result they are not considered as criminals by themselves by the public or criminologists. In fact, the Federal Bureau of Investigation (FBI 2010) reports that the arrest rates for so-called white-collar crimes are much lower than the arrest rates for property or other crimes. Despite the difficulty with actually deciding what constitutes a white-collar crime and who can actually commit one there have been numerous studies on the characteristics of individuals who have committed crimes that fall under the rubric of the term "white-collar crime." One way to better understand white-collar crime and proposed solutions is to briefly summarize these findings.

Psychological Profiles of White-Collar Criminals

Even though white-collar crimes are conceptually different than non-white-collar crimes and the perpetrators of white-collar crimes are generally different from other types of criminals in terms of their education,….....