White Collar Crimes

Arguably, the contention that while collar crime is not as socially acceptable as it was two of three decades ago is one that carries with it notable ramifications for understanding the evolution of both society and the criminal justice system in the United States. While it is evident that white collar criminals have faced their fair share of penalties for their actions, the perception that white collar crime does not have a detrimental impact on society is one that is pivotal to understanding how society has responded to this issue. Thus, if harsher sentences are indeed being handed down in the context of white collar crimes, this would be substantial proof that social attitudes toward this type of criminal activity have changed.

The implication that social attitudes can impact the outcomes that are achieved with respect to the prosecution of white collar crime has clear ramifications for understanding how society impacts the development of social institutions such as the justice system. Although the justice system has been deemed to be above social reproach-offering blind justice to all who appear before the system-the assertion that white collar criminals are being treated differently by the system suggests that social attitudes are indeed impacting decision making. This assertion could lead to a larger revelation about the integral relationship that exists between the criminal justice system and society.

Overall, the ramifications of making such a link between social attitudes toward white collar crime and the justicesystem are quite extensive. For instance, for years scholars have argued that the justice system is biased along racial, and to a lesser extent, gender lines. Those working in the justice system however have vehemently denied these claims asserting that the justice system does its best to maintain the social status quo. Elucidating weaknesses in this system based on the issue of an historical investigation of the prosecution of white collar crimes may provide enough evidence to support assertions that the criminal justice system does not deliver the "blind" justice that it reportedly seeks to provide.

When placed in this context, the true extent of research on the prosecution of and social attitudes about white collar crime is elucidated. Through a more integral understanding of how changes in the prosecution of and social attitudes toward white collar crime have evolved in conjunction with one another, it will be possible not only to examine the social implications of this information, but also to reexamine the current status of the criminal justice system. As such, investigation into this topic is of paramount concern for understanding the biases and problems that may inherently exist in the criminal justice system. Only by understanding these broader issues will it be possible to create change that can have a positive impact on reaffirming the existence of blind justice.

Hypothesis

Based on a critical examination of the problem in this case, the following hypotheses are proposed for guiding research in this investigation:

H1: Changes in social attitudes about white collar crime have impacted the development of measures to combat this type of activity.

H2: Changes in social attitudes about white collar crime have impacted the sentences that have been handed down for white collar criminals.

H3: Changes in attitudes about white collar crime have been spurred by media attention with respect to the specific issues and individuals involved in this type of activity.

These hypotheses will be utilized to guide investigation into the specific manner in which social attitudes with respect to white collar crime have evolved in the past three decades.

Limitations/Assumptions

Although this specific investigation seeks to determine the overall role of the media in shaping social attitudes and criminal justice policy with respect to white collar crime, it is evident that there is a paucity of media attention for white collar cases that took place before 1970. Because attitudes toward whit collar crimes have only recently begun to change, locating more historical information on the subject may be difficult. With this in mind, defining social response to white collar crime may require a critical examination and interpretation of individual action without the presence of criminal penalties. This may raise the question of whether or not an individual or organization's actions could be considered illegal or unethical given the social milieu. In short, past events with respect to white collar crime will have to be examined in the context of current attitudes and polices on this issue.

When framed in this perspective, the true challenge of understanding the development of white collar crime becomes more evident. Companies that created trusts during the period of industrialization were not guilty of any crime per se. However, once anti-trust legislation was created, these monopolies became illegal. Thus, the goal in this research is to delineate what is clearly illegal white collar crime and what is directly a manifestation of prevailing social, economic and political discourse. This represents a notable challenge as it requires the subject to be framed in both an historical and cultural context.

Importance of the Study

As noted above the importance of this research is quite overwhelming. Proving a link between the development of the criminal justice system and the social and cultural attitudes of citizens can provide critical insight into the flaws of the system. The US justice system is supposed to provide equitable justice for all. However, it has long been argued that this is not the case. By proving this reality in the context of a topic outside of demographic variables such as race and gender should provide a bridge for discussing the true inequalities that exist in the American justice system.

Literature Review

White Collar Crime Defined

In order to begin this investigation, it is first helpful to consider a basic overview of how white collar crime has been defined by criminal justice professionals. A critical examination of what has been noted about the definition of white collar crime indicates that scholars have been attempting to provide a clear definition of this type of crime for more than seven decades. The most notable problem that has evolved in the development of a definition of white collar crime appears to be the fact that this process lies outside of the traditional views of crime and criminal activity that have been developed by the criminal justice system (Geis, 161).

To illustrate this point, Geis makes the following observations: "...The decision to encompass a great variety of behaviors under one heading naturally leads us to assume that it is what these behaviors have in common that is most relevant, and this assumption leads us to look for an all-encompassing set of propositions which will account for the entire range of behavior" (161). Geis goes on to argue that specific conceptualizations of criminal behavior have been developed based on criminal activities such as robbery, assault and homicide. The theories that have been developed and associated with these types of crime do not always fit into examinations of white collar crime. As such, defining white collar criminal activity becomes a substantial challenge for both criminal justice professionals and society as a whole (162).

Other scholars examining the definition and development of white collar crime argue that methods for defining the activities that take place in this context should be based upon a broader understanding of deviance and its role in the creation of a wide range of behaviors (Coleman, 407). Specifically, this author asserts that:

There are, in contrast, a vast number of groups with their own unique norms defining what is and is not deviant. Not only are many of those definitions contradictory, but, because most groups have no direct knowledge of the elite activities that have come to be labeled as deviant, their definitions are also subject to erratic changes in response to vicissitudes of media coverage and public mood (408).

This author goes on to argue that with no clearly defined standards for the elite, the theory of deviance becomes essential both defining and understanding the development of white collar crime.

Unfortunately, the ambiguities that have been created in the context of defining white collar crime have been difficult for researchers to overcome. "...Some writers stress the point that this type of offending behavior takes place in a more respectable context than most other crimes, and that it is the product of more ambiguous intentions than is the case for ordinary crime" (Nelken, 847-8). As a direct result of this situation, Nelken asserts that this has lead to varying perceptions of this type of criminal activity over the course of time. In some instances, white collar crime has been viewed as more deviant and problematic than other types of crime. In other instances, this type of crime has been viewed as less deviant than other types of crime (849). It is these specific ambiguities that have made it difficult for scholars to delineate a clear definition of the white collar criminal

.

Perceptions of the White Collar Criminal

Clearly, the challenges that have developed when it comes to defining white collar crime are reflective of the social attitudes that have been developed about this subject. With this in mind, it is now pertinent to consider how social attitudes toward white collar crime have changed and how these attitudes have impacted developing discourse on this topic. This topic is also pertinent given the fact that social attitudes toward this issue have shaped the manner in which the criminal justice system has conceptualized individuals committing these types of crimes.

In the early 1980s, scholars began examining changes in social attitudes toward white collar crime. As reported by one author, "Social commentators have often observed that the public is indifferent to white-collar criminality. However, the growing attention that white-collar crime has received in recent years raises that possibility of the public's perceptions of such violations" (Cullen, Link and Polanzi, 83). These authors go on to report that research demonstrates that while social attitudes toward white collar crime have "increased in seriousness more than any other offense category" offences committed along these lines are "still viewed as less serious than most other forms of illegality" (83).

Although public perceptions of white collar crime have historically favored the assumption that this type of crime was less serious than other types of criminal behavior, it appears as if social attitudes may have reached a tipping point in the late 1990s. Researchers assert that the ability of the modern media to demonstrate the specific harm that is created when white collar crimes are committed has impacted the ability of policy makers and the media to influence attitudes about this type of criminal behavior: "The citizens of the United States are being victimized by fraud and are concerned about what their government is doing to protect them" (Zalud, 16).

Although more awareness has been created when it comes to the detrimental impact of white collar crime, scholars do report that ambiguities about what constitutes white collar crime continue to impede the willingness of individuals to report this type of criminal activity (Gurchiek, 29). Further, uncertainty about how an individual will be prosecuted for white collar criminal offences also impacts the decision of witnesses to report white collar crime (29). Thus, while white collar crime has been widely noted to exist, reports of this activity continue to lag behind the actual number of incidents that are estimated to occur.

Despite what appears to be a high level of social tolerance when comes to reporting and addressing the issue of white collar crimes, scholars do assert that public opinion about these types of crimes are changing. "Public apathy and tolerance of fraud from years past is now becoming a burning resolve to prosecute individuals and entities that engage in fraud and theft" (Weishaar. 38). This change in attitude appears to be spurred by the realization that white collar crimes create notable social inequities that favor one individual or a small group of individuals. As more awareness about the actual costs of white collar crime are elucidated, individuals have become less forgiving in their attitudes toward individuals that commit these crimes. White collar crime has been linked to almost every aspect of daily life including the high cost of goods and services to the overwhelming deficit that has been created by the federal government.

White Collar Crime and the Media

The last issue that needs to be addressed in the context of this literature review is how the media has shaped modern understanding and perception of white collar crime. Scholars examining this issue have been quick to note that the mass media has had a substantial impact on both social attitudes toward with collar criminals as well as the specific practices utilized by the criminal justice system to address white collar crimes. Specifically, Nichols asserts that many Americans believe that the country is in the throws of a new crime wave perpetuated by elite businesses and organizations. However, Nichols asserts that the crimes being identified by Americans have been a pervasive part of social discourse. The central feature promulgating awareness of these issues is greater media attention to these types of crimes (Nichols, 221).

As media attention for these crimes increases, Nichols asserts that this creates a pattern of behavior with respect to social institutions (222). In particular, this author reports that responding to increased awareness and disdain for white collar crimes the criminal justice system has begun to enforce stiffer penalties for those convicted of white collar crimes (222). Clear examples of this reality can be seen in the sentences handed down to Martha Stewart for insider trading and to various Enron executives for their role in the accounting scandal that bankrupted most of the organization's shareholders.

While Nichols asserts that media coverage of white collar crime has impacted the development of the criminal justice system, Felt asserts that this is not the case (Felt, 9). According to this author, the media's role in the development of social attitudes toward white collar criminals has only served to create more public disdain for this type of criminal. As reported by Felt, the greatest problem that arises from exposure of white collar criminal activity is a decline in the individual or organization's reputation. In many instances, the white collar criminal is tried in the court of public opinion. When this occurs, the white collar criminal can be stripped of essential elements that are critical for his or her survival: reputation, money and power (10).

While the assertions made by Felt provide some insight into how the media impacts public perceptions of white collar criminals, it seems reasonable to argue that his assessment does not provide a clear picture of public response to white collar crime. Dhami in his investigation of white collar crime found that most individuals convicted of this type of crime reported overwhelmingly hostile feelings on the part of both the judicial system and outsiders (Dhami, 66). In an empirical investigation of how society responds to white collar criminals, Dhami found that both outsiders-friends and family-and those directly involved in the criminal justice system were notably negative toward offenders. Dhami asserts that the negative perceptions that have been created in this context are a direct response to media attention given to white collar crimes in recent years (67).

Methodology

Based on the data uncovered in this investigation, it seems reasonable to argue that there is a dynamic interaction occurring between the media and the criminal justice system. As media attention for white collar crimes increases, the impact on the criminal justice system appears to be more negativity toward offenders committing these types of crimes. However, the link between external pressures from the public to increase sentences for this type of criminal behavior is not clearly defined in the current literature. Using this as a basis for investigation, the following research methodology is proposed.

Methods

The proposed study for this investigation includes the development of an historical case study of white collar crime over the last six decades. Beginning in 1950, research on three aspects of white collar crime will be investigated: conceptual definitions of white collar crime; media attention given to specific white collar criminal cases; and sentences handed down in convictions of white collar criminals. By examining these three aspects of the historical development of white collar crime, it will be possible to identify relationships between the following variables:

The media and the public's perception of white collar criminals.

Changes in sentences for individuals convicted of what collar crimes.

Correlations between public attitude and sentences handed down for white collar crime.

If the hypotheses outlined in the outset of this investigation are proven, it will be possible to demonstrate that public opinion with respect to white collar crime has impacted the overall response of the criminal justice system. Based on the historical data acquired through this research, it should be possible to see an increase in public disdain and anger toward white collar criminals and the specific sentences that have been handed down in these cases. Although this relationship will be casual in nature, with no statistical data to prove a definitive correlation, it will serve as the foundation for further development of research in this area.

Procedure

The specific procedure utilized in this research will follow a qualitative case study approach to data collection and analysis. For each decade beginning with 1950, historical data will be utilized to create a case for white collar crime. Review of data from each decade will enable the researcher to draw conclusions about: media response, sentencing and public attitude toward white collar criminals. Based on the data obtained in this manner, it will then be possible to compare the case from each decade with cases from subsequent decades. From this information, it should be possible to effectively trace the development of white collar crime and the specific social and criminal justice issues associated with this issue.

Once the case studies from each decade are effectively compared a more integral understanding of how public opinion has changed with respect to white collar crime will be elucidated. This will include aspects of how the media has influenced public opinion. By matching this with the sentences that have been handed down in white collar criminal cases, it will be possible to effectively relate the severity of the sentences to the public's attitude with respect to this issue. In the end a historic timeline for evaluating white collar criminal activity and social response will be created. While this research will provide notable insight into the development of society and the criminal justice system, it is hoped that this data will be utilized for further investigation into quantitative aspects of the topic.

Works Cited

Coleman, James W. "Toward an integrated theory of white-collar crime." American Journal of Sociology, 93(2), (1987), 406-439.

Cullen, Francis T., Bruce G. Link and Craig W. Polanzi. "The seriousness of crime revisited: Have attitudes toward white collar crime changed? Criminology: An Interdisciplinary Journal, 20(1), (1982): 83-102.

Dhami, Mandeep K. "White-collar prisoners' perceptions of audience reaction." Deviant Behavior, 28(1), (2007): 57-77.

Felts, Todd. "Some things are worse than going to jail." Of Counsel, 24(1), (2005): 9-14.

Geis, Gilbert. "Toward a delineation of white-collar offenses." Sociological Inquiry, 32(2), (1962), 160-171.

Gurchiek, Kathy. "US workers unlikely to report office misconduct." HR Magazine, 51(5), (2006): 29, 38.

Nelken, David. Oxford Handbook of Criminology. Oxford: Oxford University Press, 2002.

Nichols, Lawrence T. "Constructing white-collar crime: Claims in criminology and management education." Business & Society Review, 105(2), (2000): 221-245.

Weishaar, Gary G. "Attacking internet fraud." Business Credit, 107(6), (2005): 38-39.

Zalud, Bill. "White collar crime hits home." SDM: Security, Distributing & Marketing, 30(15), (2000): 16.