Wcc: chapter 11 – Flashcards
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ZZZZ: best cleaning restoration company; in reality ponzi like scheme with 90% of company being fraud (insurance fraud, steal their stationary, create fake jobs, etc). 1981: came crashing down since numbers didn't add up. resigned at 22 and in 1988 was charged with 57 counts of fraud and 25 years in prison, 26 million. released after 2 years and became preacher and fraud investigator. 2011: brought down stock price deliberately
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case of the day barry minkow
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who explained that white-collar crime was a product of conflicting positions of trust held by businessmen
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sutherland
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white-collar crime explanations must do what?
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offer changes to reduce crime
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what two things musts be considered if we are to understand white-collar crime?
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structural variables and macro level features
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industrial capitalism promotes a "______ __ ________" which offers different opportunities for crime
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culture of competition
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what are the 3 cultural factors in white-collar crime?
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greed, ego seeking, fear of poverty
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culture does/doesn't cause white collar crime. otherwise more/less people would offend
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doesn't, more
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theorized that punishment can stop individuals from offending if: punishment is swift, certain, and outweighs positive benefits of the crime committed. not enough to prevent wcc.
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deterrence theory
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underlying assumption of the deterrence theory is that the offender is _______.
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rational
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offenders will weigh positive benefits and negative consequences of offending
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rational choice theory
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corporate crimes are committed to gain ____ over environments that are uncertain or irrational according to rational choice theory
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control
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under rational choice theory, albrecht and searcy assert that white-collar crime is linked to failure to identity crimes in _________, _______ of formal responses to fraud, inadequate _______ mechanisms
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workplace, absence, control
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strains are due to interactions between social and economic structures. macro level theory to examine individual behavior. focuses on why poor people commit crimes
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classical strain theory
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what are the 5 modes of adaptation that describe how individuals meet goals according to classical strain theory
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conformists, innovators, ritualists, retreatists, rebels
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accept both means and goals
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conformists
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accept goals but not means (ex: embezzlement)
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innovators
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accept means but not goals
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ritualists
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deny both means and goals
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retreatists
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reject and replace both means and goals
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rebels
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football punter; university of texas and then saints for 10 years. switched to real estate and then invested money (international; foreign exchange market). president of foreign exchanging company that was so profitable that there was a 20000 min for clients, which is too good to be true. people would put a ton of money into this. ends up being a ponzi scheme where he did not trade at all and only paid new investors with old money. 1988 it shut down and he was sued by investors. russell made false statements and lied to investors but he claimed he wasn't malicious. 1 million dollars, 7 years of prison (only did 5), and 28 mil in restitution. sentence again for ponzi scheme in 2013
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case of the day russell erxleben
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american society promotes financial success but does not emphasize values that are consistent with the legitimate means of achieving that financial success. american values that are key to crime include achievement, universalism, individualism, materialism
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institutional anomie theory
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crime is an adaptation to stress and frustration. three sources of strain include failure to achieve goals, removal of positive stimuli, confronting negative stimuli
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general strain theory
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mane n' tail: shampoo used on people and horses (this man decided to sell to humans). 1/2 million then 44 million in sales after him. became celebrity in manufacturing world; represented sole owner. hype product with lies (grow faster, help bald). fraud: personal expenses, took straight arrow funds for self, ect.=civil suits and lost job
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case of the day roger dunavant
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people learn how to commit crimes from their peers. learn how and why to commit crimes, as well as why laws against those crimes are inappropriate. criticized for lack of explanation revolving around the "first collar criminal"
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differential association theory
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who created the differential association theory
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sutherland
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argues that individuals are not committed to a criminal lifestyle and must neutralize their conventional beliefs prior to committing crime
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neutralization theory
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what are the 5 techniques of neutralization in the neutralization theory
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denial of injury, denial of victim, denial of responsibility, appeal to higher loyalties, condemnation of condemners
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statements made to explain away and individuals misconduct or criminal involvement, occur after the commission of a criminal act. ex: denials, justifications, excuses
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accounts
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asks why people don't commit crimes. suggests that bonds to society prevent people from committing crimes
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control theory
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what are the four elements of social bonds in the control theory
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attachment, belief, commitment, involvement
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executives with stronger attachments to company have lower offending rates. executives with stronger commitments for lines of actions will have lower offending rates. executives with strong involvement in corporate activities are less likely to offend. executives who believe in workplace rules are less likely to offend
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lasley's theorems of white-collar offending
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all types of crime stem from lack of self-control. fails to focus on the nature of the occupation. low self-control also increases risk of victimization. operates differently based on circumstances and situational factors. theory has concerns with conceptualization issues, empirical issues, and problems with logical consistency
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self control theory
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white-collar criminals exhibit ____ self-control than tradition criminals do
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more
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a structural theory that explains how changes in society influence crime rates. suggests that crime occurs when elements merge in time and space. helpful in analyzing specific occupational situations to determine likelihood of workplace crime
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routine activities theory
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what are the 3 elements that must merge in time and space for crime to occur according to routine activities theory
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presence of motivated offender, absence of capable guardians, availability of suitable targets
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macro-level theories that focus on how those in positions of power exert influence in order to use the law as in instrument of power. these theories highlight the power differences between members of the upper and lower social classes. concerned with how crime is defined, perceived, and addressed by criminal justice officials
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conflict theory
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delineated six propositions that explain how the powerful in society exercise their power to define particular behaviors as criminal or deviant
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quinney's propositions
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what are the six propositions that explain how the powerful in society exercise their power to define particular behaviors as criminal or deviant
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definition of crime, formulation of criminal definitions, application of criminal definitions, development of behavior patterns in relation to criminal definitions, construction of criminal conceptions, the social reality of crime
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one of the six propositions by quinney. created by agents of law, making criminals by making laws.
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definition of crime
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one of the six propositions by quinney. interest groups influence criminal definitions. ex: madd
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formulation of criminal definitions
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one of the six propositions by quinney. the media
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construction of criminal conceptions
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one of the six propositions by quinney. summary of propositions. in summary, crime is not inherent in people it is socially constructed
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the social reality of crime
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explaining white collar crime: size, complexity, and growth rate of organizations affect crime rates
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organizational structure
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explaining white collar crime: pressures from employers to succeed may encourage wrongdoing
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organizational processes
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explaining white collar crime: explore ties between societal factors, organizational processes, and individual motivations. calls for integration of theories to provide stronger explanations. theorized that less successful firms might engage in misconduct in order to become more successful
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dynamic organization explanations
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...employee hired->learn rules->engage in behaviors->rewarded->continue behaviors->caught->fired->...
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cycle of corporate crime
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combines multiple perspectives to explain wcc. misconduct/crime is not a one-dimensional phenomenon, therefore no one theory on its own can predict compliance rates. personality characteristics, social controls, and personal controls also play a rile in wcc
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integrated efforts to explain white-collar crime
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provides a foundation from which wcc can be addressed and explains how various systems influence misconduct (does not explain crime on an individual level). changes in one system lead to changes in another system and influence wcc rates. for example, the political system is tied to changes in the health care, social, educations, and technological systems
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systems theory
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how many wcc offenders serve prison time but serve slightly shorter sentences than conventional offenders but have longer probation. some say too harsh punishments for wcc.
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3/4
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aimed at reducing the sentencing disparity between wcc and street. created us sentencing commission. increased likelihood of imprisonment of wcc and lengthened sentences
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sentencing reform act of 1984
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suggested more restrictive strategies to thwart wcc offending. doubled prison time for managers guilty. called for improved ethics training, improved corporate governance strategies, and better understand of internal control efforts
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sarbanes oxley act of 2002