Abstract Using the case of Enron as a backdrop, this paper asks and answers several questions relating to the prosecution of management in corporate crime. The questions involve which laws are broken in the current cases at issue; whether prosecution should include accounting firms and the CFO, how much authority managers have in accounting activities, whether managers should be prosecuted if they had no role in the crime, whether prosecution is becoming a deterrent,and whether corporations are exempt from criminalprosecution?
From the Paper "Recently, a number of headline-grabbing cases, such as the accounting fraud that existed at the Enron Corporation, have highlighted the role of management at various corporations and in the financial industry, in the commission of corporate crime. The role of accountants and the major corporate accounting firms, as well as the chief financial advisors of corporations and the management personnel whom may or may not be aware of illegal accounting activities, are now under strict scrutiny by the SEC."
Abstract This paper analyzes and examines the various issues related to corporate criminal liability. Executives and managers may be criminallyprosecuted as individuals for the actions of their businesses, even if they neither knew about nor had any role in the crime. Thus, executives and managers may be sentenced to jail time simply for company violations that occurred on their watch. This paper discusses some of the applicable case law and statutes with examples from real life cases and then outlines how executives and managers may avoid or minimize their risk of criminal liability. It concludes with recommendations for improving corporate ethics.
From the Paper "Criminal prosecution of executives and managers for the actions of their businesses sharply increased during the 1960s and again in the 1980s after the junk bond and Savings and Loan scandals erupted. Various factors contributed to the rise in criminal prosecution of executives and managers for the actions of corporations. First, prosecutors became much more willing to take action against individual managers for criminal offenses by their businesses. Second, both Congress and the states incorporated criminal penalties for responsible individuals into an increasing number of regulatory statutes. Third, courts became more willing to interpret these statutes as public welfare legislation and to hold businesses and their executives and managers strictly liable for the consequences of a violation."
Abstract This paper discusses the problems that federal, state and local authorities face when prosecuting cyber identity theft, noting that it is not a simple procedure. The paper explains that individuals that steal the identity of others online often use multiple servers and locations to make it almost impossible to trace the person who is responsible for the identity theft. The paper also explains that when identity theft occurs in a country where traditional Internet crime is not considered a prosecutable offense the country where the nation occurred has a difficult time in locating the criminal and extraditing the identity thief for the purposes of prosecution. Finally, the paper notes that many United States prosecutors are hesitant to prosecute these crimes because they generally involve low profile cases that take extensive amounts of time to investigate and prosecute.
Abstract The paper examines the various sentences handed down for white collar crimes and illustrates how those that commit white-collar crimes are less likely to be incarcerated than those that commit conventional crimes. The paper explains that white-collar crime has not attracted the same attention in western society as conventional crime. The rate of recidivism for white-collar criminals and the difficulty in establishing rehabilitation programs for white collar criminals is also examined. In light of these findings, the paper contends that greater public awareness is needed to develop the political will to deal with such crime and change the criminal law to make prosecution easier.
Outline:
Introduction
White Collar Crime
Sentences
Incarceration: State vs. Other Institutions
Recidivism
Rehabilitation
Summary
From the Paper "Prosecutors do not have the resources to deal with white-collar criminals that are investigated by the police and brought before the courts. Those criminals that do get to court appear before judges that relate to them and have difficulty convicting and sentencing them to incarceration. Any periods of incarceration are usually of a short period of time and in minimal security facilities. Of course there are exceptions but generally conventional crime is treated more harshly. Rehabilitation is usually not an option for model prisoners who are not suited for addiction and anger management programs."
Abstract This paper examines both hypothetical and real examples of how politicians exploit the sensitive issue of the public's attitude toward criminal justice to win votes.
This paper is divided into the following areas:
1. Crime as a Political Issue
2. Law Enforcement
2.1 The Police Service
2.2 The Prosecution of Criminal Offences
3. The Judiciary
3.1 Magistrates and the Local Courts
3.2 Judges and the Higher Level Courts
3.3 Political Sentencing
4. Legislative Politics
5. The Attorney?General
From the Paper "An initial review of the materials discovered to this point indicates that crime is less prevalent than the public are led to believe, mostly by politicians in conjunction with the media. Compared with overseas countries, violent crime in Australia is relatively infrequent, with a Homicide rate of 1.9 per 100,000 for Sydney, as opposed to 2.24 per 100,000 for London, and 24.49 per 100,000 for Los Angeles .
The average citizen is far more likely to become a victim of non-violent property crime, such as a break and enter, or car theft. Statistics show that this type of crime with 521,346 incidents reported in 1999 is far more prevalent than violent crime, with 74,851 incidents reported . Violent crimes are inclusive of all assaults, and robbery, in addition to homicides."
Abstract This paper reviews the famous criminal investigation of the murder of a 6 year old girl in America, on Christmas Eve, 1996. The writer uses the book by Steve Thomas called "JonBenet: Inside the Murder Investigation" which provides an in-depth look at the murder and the investigation. The incident became a national obsession, featured day after day on network news, television tabloid programs, talk radio, newspapers and magazines.
Contents:
Introduction
Facts of the Case
Prosecution Evidence
Defense Evidence
Conclusion
From the Paper "The book gives a thorough account of the murder and investigation. Thomas develops the argument from the outset and presents it clearly in the book with examples of the effective techniques of the investigation and how to approach a complex case like JonBenet?s. According to him investigations must be carried out before evidence are mishandled or removed as in the case of JonBenet. A delay in investigation often tends to mislead investigative directions, creates difficulty in gathering evidence and creates a loss in the credibility of the testimonies. For example in the JonBenet case, the lack of cooperation on part of John and Patsy Ramsey, the parents of the murdered child compounded the difficulties. The police began treating the parents as the primary suspects."
A discussion of the 1967 case "In re Gault," and how the Supreme Court came to decide that that juveniles in delinquency proceedings had to be afforded many of the same rights as adults in criminal proceedings.
Abstract This paper discusses the case "In re Gault" (1967), in which the Supreme Court examined the rights guaranteed to criminal defendants under the Constitution, to see if those rights applied to juveniles, as well as adults. The author describes the case, which was tried in Arizona, and how the Court began its examination by looking at the Due Process clause of the Fourteenth Amendment, which makes the Bill of Rights applicable to the states, and found that neither are only for adults. The paper explains that the Court also examined whether Arizona's delinquency statute violated the Constitution, whether juvenile proceedings were criminalprosecutions for the purposes of the Sixth Amendment, and whether juveniles had rights to the confrontation and cross-examination of witnesses, and determined that a juvenile's rights had the same constitutional protection as an adult's.
From the Paper "The juvenile, Gerald Gault, was taken into custody for making lewd telephone calls. He was committed to the Arizona State Industrial School as a juvenile delinquent, after hearings before a juvenile court judge. His parents brought a habeas corpus action, challenging the constitutionality of Gault's commitment. The Supreme Court agreed that Gault's confinement violated the Constitution. It came to this decision by looking at the Constitution, specifically amendments V, VI, and XIV."
Abstract The paper proposes the perfect criminal justice system, one that focuses on networking and collaboration among policing agencies, communities, legal representatives and those accused of or prosecuted for criminal activity. The paper states that the perfect criminal justice system will also concentrate on rehabilitative measures for criminals incarcerated younger than age 40, as research suggests that individuals receiving counseling are less likely to become repeat offenders than those who are simply punished and then released. The paper concludes that the perfect system is not a system that focuses on hostility or punishment for non-malevolent crimes; rather one where communities actively collaborate with legal authorities to build better communities and social networks.
Outline:
Introduction
The System Theory
Reform and Community Collaboration in the Perfect System
Conclusion
From the Paper "The perfect criminal justice system begins with theory. The theories underlying the perfect system should rely on positive reinforcement and authentic repentance and reform among criminals (Goold, 2004). This system is modeled somewhat after the idealized Japanese policy system, where the policeman encourages during the initial point of contact, or interrogation, the offender to fell "tearful relief" as like "a child when confession of wrongdoing to his parents results in a gentle laugh and warm hug" (Goold, 2004, p.14). Typically the American criminal justice system has focused on retaliation and retribution; this opposes the system introduced here, where policemen should focus on being known for warm, supportive yet just and effective care, not simple strictness (Johnson, 2003) which is more likely to lead to less reform and increasing crime."
Abstract The paper explains criminal defense as one of the cornerstones of the American criminal justice system which emphasizes the concept of "innocent until proven guilty." The paper explores the types of criminal defenses generally recognized in the legal system, which include alibis, justifications, excuses and procedural defenses. The paper focuses on defining each category, as well as giving examples as to how they might be used. The paper further explores the misconceptions regarding the laws related to defenses against a criminal charge.
From the Paper "The first category of defenses is the alibi. According to Schmalleger (2004), an alibi is "A statement by an individual that has been charged with a crime that he or she was so far away or so engaged in provable activities that he or she could not have committed the crime." In essence, the alibi defense is a denial that the individual committed the crime. However, this defense is effective only if there is factual or provable evidence that the alibi is legitimate (Schmalleger, 2004)."
Abstract An examination into the criminal justice system in the U.S. as society becomes more fearful of crime and more concerned that the criminal justice system does not deter violent crime as it should. The writer states that the fear of crime is a driving force in elections and political battles and the desire of the people for tougher sentences can run afoul of the Constitution and its prohibition against cruel and unusual punishment. This paper uses a number of literary references to explore the concept of "cruel and unusual punishment", not just in relation to the death penalty, but the entire justice system.
From the Paper "Specific cases can create special circumstances which raise the issue of cruel and unusual punishment. In a decision in 1992, the Supreme Court decided that abuse suffered by inmates can constitute cruel and unusual punishment even if the injuries sustained are not serious ("Supreme Court Ruling Changes the Standard on Inmate Abuse" 195). The Michigan Supreme Court ruled in a case that a life sentence without possibility of parole for possession of cocaine violated the state's constitutional ban on cruel or unusual punishment (Hansen 25). This case of Harmelin v. Michigan went to the U.S. Supreme Court, which decided that the sentence in question did not violate the Eighth Amendment."
Abstract This paper reviews why it may be said that criminal court proceedings are almost invariably marked by a high degree of cooperation between competing sides, that is, it discusses the surprisingly degree of cooperation that informs relations between prosecutors and defense attorneys at trial. The paper describes the criminal court system and the attempts to provide a fair trial for both the defendant and society.
From the Paper "Cooperation between Defense and Prosecution and Criminal Courts The following paper shall briefly discuss the surprisingly degree of cooperation that informs relations between prosecutors and defense attorneys at trial. While it is tempting to suppose that the two sides are locked in constant combat and turmoil, their obligations under the law and the characteristic goings-on of criminal court cases actually a level of cooperation that might startle people unfamiliar with the legal process. With this in mind, the following paper will illustrate that even lawyers embroiled in a heated case are far more likely to work together for the cause of justice than they are to work against one another. Surprising though it may sound, defense attorneys and state prosecutors do work together - up to a point."
Abstract The paper offers a brief introduction to the U.S. legal structure and identifies the role of criminal courts and drug courts. The paper discusses the differences between the treatment of defendants in criminal courts and drug courts and explains that the success of drug courts in reducing recidivism is largely due to the application of justice with leniency and treatment.
Outline:
Abstract
Overview
Criminal Courts
Drug Courts
Conclusion
From the Paper "Both criminal and drug courts fall within the legal apparatus of the U.S. court system but they do so with somewhat different imperatives. The criminal courts have as the main priority to provide a forum for the prosecution to make the case for the conviction of the accused while, for the accused, they are a venue in which he or she can establish his or her innocence. In the typical drug courts, or similar diversion type program, they have, by the participation of the accused, essentially established so degree of guilt in advance but in recognition of the accused individual's drug problems the courts seek an alternative to simple prosecution and incarceration."
Abstract This paper discusses a criminal law, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper "The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags:criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine
Abstract This paper discusses how the criminal justice system of Britain embraces a range of agencies, cultures and objectives. The paper explains that from the police through the courts and from the prison systems to victim services, all agencies have a goal to reduce crime and punish the guilty. However, within each agency, specific objectives exist that embrace numerous cultural differences. The paper discusses the various agencies involved in the British criminal justice system, the objectives of each and the ways in which those agencies work together to cater to a wide range of cultures within the British society.
From the Paper "Each governmental department oversees a variety of agencies, each of which has specific objectives within the criminal justice system. The Home Office, or HO, directly oversees national and local police functions, as well as various district authorities, the prison services, and the Criminal Injuries Compensation scheme and Victim Support services. The district authorities directly oversee the operations of three agencies, those of Local Magistrate's Court Committees, local police authorities, and local Probation Committees. The Local Magistrate's Court Committees directly oversee the operations of Magistrate's Courts, consisting of 328 divisions in England and Wales. The local police authorities directly oversee operations of the 43 police service districts. The Probation Committees oversee probation services (Chapman and Niven, 2000, 8)."
Abstract This paper identifies the fact that college and professional athletes are disproportionately involved in criminal activity, particularly off the field. It searches for explanations in the socialization and status of elite athletes in contemporary American society.
