| http-equiv="Content-Type" content="text/html; | | | | - The criminal behavior is learnt especially when an |
| charset=utf-8"> | | | | individual interact with intimate personal groups |
| Introduction: | | | | - Learning of criminal behavior involves learning the |
| Sutherland Edwin states that white collar crimes can | | | | techniques of committing these crimes, the motives |
| be defined as those crimes that are committed by | | | | are learnt and also the rationale |
| people of high status quo in the course of their | | | | - The direction of these motives and drives are learnt |
| occupation; these crimes include such acts as bribes, | | | | from legal code definitions and the individual will |
| frauds, embezzlement of funds, forgery and insider | | | | analyze whether they are favorable or unfavorable |
| trade. | | | | - The extent of influence will differ in terms of |
| There exist many forms of white crime crimes which | | | | duration, priority and intensity |
| will be discussed in this paper, this include bank | | | | - The criminal acts are an expression of the |
| frauds, bribery, measure and weight crimes, | | | | individual’s needs and values |
| extortion, black mail, counterfeit, computer frauds | | | | The strain theory: |
| and insider trading, all these are termed as white | | | | The strain theory was developed by Robert Merton, |
| collar crimes and this paper will analyze how these | | | | this theory states that people have a certain culture |
| types of crimes occur in our community today. | | | | which involves the saturation of dreams of freedom, |
| This paper also analyses the various theory that tend | | | | prosperity and opportunity, as Merton states people |
| to explain the occurrence of white collar crimes, one | | | | buy into this dreams of prosperity, freedom and |
| of the theory is by Sutherland Edwin named | | | | opportunity and they become a very strong and |
| differential theory, this theory states that an | | | | powerful psychological and cultural motivation to |
| individual will commit a crime due to the influence that | | | | commit crimes |
| result from interaction, and that the crimes | | | | Merton stated in this theory that the social structure |
| committed according to this theory are an expression | | | | in the society is characterized by inequality and it |
| of the individuals needs and values. | | | | prevents most individuals from realizing their dreams, |
| The other theory that explains the occurrence of | | | | due to this people will turn to illegal means of |
| crime is the strain theory by Robert Merton, this | | | | achieving their dreams of prosperity. |
| theory states that the society today has developed | | | | Therefore this theory bases its idea of the |
| a culture of dreams of being prosperous and having | | | | occurrence of white collar crimes with the personal |
| opportunity, and due to the fact that the | | | | dreams that have become a culture of the individuals |
| society’s structure is characterized by | | | | today, individuals will strive to realize these dreams |
| inequality and not all individuals have the opportunity | | | | but because the society is characterized with |
| to realize their dreams, people opt to involve | | | | inequality which do not allow all in the society to |
| themselves in white collar crimes in order to realize | | | | realize their dreams, individuals will tend to commit |
| their dreams. | | | | white collar crimes to reward themselves and fulfill |
| Finally we will discuss the control theory by Travis | | | | their dreams. |
| Hirsch, this theory does not look at why people | | | | The Control theories: |
| commit crimes but rather what makes people not to | | | | This theory was developed by Travis Hirsch, this |
| commit crimes in the society, Travis identified four | | | | theory does not look at why people commit crimes |
| characteristics that will restrain an individual from | | | | but rather what makes people not to commit crimes |
| committing a crime and they include attachment to | | | | in the society, Travis identified four characteristics |
| others, the believe in the moral validity of rules and | | | | that will restrain an individual from committing a crime |
| law in the society, the commitment to achievement | | | | and they include attachment to others, the believe in |
| of goals and objectives and finally the individuals | | | | the moral validity of rules and law in the society, the |
| involvement in convectional activity. | | | | commitment to achievement of goals and objectives |
| Forms of white collar crimes: | | | | and finally the individuals involvement in convectional |
| Below are the forms of white crimes in which they | | | | activity. |
| include bank frauds, blackmail, | | | | All this four factors will contribute to the |
| Bank Fraud | | | | development of the individuals self control, the |
| This involves a person action in which he or she is | | | | absence of the above four factors of self control |
| involved in the activities whose purpose is to defraud | | | | development in an individuals life will contribute to the |
| any bank of its funds. | | | | occurrence of crime, therefore if an individuals does |
| Black mail: | | | | not have the above four factors then he or she will |
| This involves a person demanding money from | | | | be more likely to commit a crime. |
| another person using threats such as injury of | | | | Difficulties in prosecuting white collar crimes: |
| property or accusation of a crime or even the | | | | Social status: |
| exposure of a secret. | | | | White collar crimes are committed by people with |
| Bribery: | | | | high status quo in the society, the problem is that it |
| This is another form of white crime which involves a | | | | is difficult to prosecute as stated by Karl Marx in his |
| person giving something of value to another person | | | | theory on capitalism, capitalist are the owners of the |
| with the intent of influencing their actions or | | | | means of production and therefore it will be difficult |
| persuading them to undertake certain favors. | | | | for the proletariats to prosecute them due to lack of |
| Computer frauds: | | | | status and prestige in the society, therefore when a |
| This crime involves a person stealing information that | | | | person of high status quo commits a crime he or she |
| is contained in a computer and this mostly involves | | | | has both social, political and economic power to |
| information from banks and credit card information. | | | | withdraw such charges. They also have the funds to |
| Counterfeiting: | | | | hire professional lawyers who help them win their |
| Counterfeiting is also a form of a white collar crime, it | | | | way out of sanction. |
| involves the copying or imitating another | | | | Complexity: |
| person’s item without the authority from the | | | | In the case of frauds the individuals learn the |
| owners of the original item or copy, this happens | | | | techniques of defrauding and embezzling funds and in |
| mostly in the clothing industry and electronics. | | | | this techniques they learn how to cover up for their |
| | | | actions, therefore it will be very difficult to prosecute |
| | | | them in court, an example is money laundry where |
| Embezz1ement: | | | | individuals cover up their illegal trades on drugs and |
| This involves the action of a person who has been | | | | transfer the money as acquired through legal means. |
| trusted with the money of an organization and he or | | | | Lack of proper constitutional framework: |
| she decides to use the money for his or her own | | | | Our societies lack proper constitutional framework |
| benefit and use. | | | | that aid in the prosecution of law offenders, such as |
| Extortion: | | | | clauses and penal codes that that govern such |
| Extortion is also another form of white crime in which | | | | behavior, lack of empowered judicial system which |
| it involves the obtaining property illegally from another | | | | aid in detecting the occurrence of such crimes. All |
| person through threats or by force. | | | | these problems contribute to the problem of proper |
| Forgery: | | | | prosecution of white collar crime offenders. |
| This is another type of crime in which a person will | | | | Corruption: |
| use instruments such a counterfeit checks and | | | | Due to the existence of this vise in our society, it |
| securities in the attempt to defraud the recipient. | | | | has been difficult to bring justice to white collar crime |
| Insider Trading: | | | | offenders, corruption has made it possible for |
| This type of white collar crime involves the use of | | | | offenders to bribe their way out incase a tribunal |
| confidential information for own benefits; most of | | | | finds an individual guilty, the judicial system in most of |
| these crimes involve the issues of shares in public | | | | our societies are corrupt and this has led to the |
| corporations. | | | | problem of prosecuting those who have high status |
| Money Laundering: | | | | quo in our society. |
| Money laundry is also another form of white crime, | | | | Chain linking: |
| money laundry involves the transfer of money from | | | | The other problem is the strong ties that exist in the |
| such sources as drug transactions so that the money | | | | relationship of those that facilitate the occurrence of |
| appears to be legitimate and the source of funds | | | | such crimes, these individuals commit crimes |
| cannot be traced. | | | | professionally as a group, this group has a chain link |
| Tax Evasion: | | | | where the individuals advocate the methodology of |
| This is also another common form of white crime in | | | | committing the crime, the group is of high social |
| which a person will fail to pay taxes or commits a | | | | status who have knowledge, techniques and tactics |
| fraud in order to pay less than required in form of | | | | to undertake such crimes, besides that they employ |
| tax. | | | | strategic means of acquiring funds and opportunity, |
| Weights and Measures crime: | | | | this makes it difficult and hard to trace the suspect |
| This is a white crime which involves placing items in | | | | and prosecute. |
| the market at the same price with other despite | | | | Conclusion: |
| having a lower measure in terms of weight and at | | | | There exist many forms of white collar crimes which |
| the same time labeling them as having the same | | | | include bank frauds, bribery, measure and weight |
| weight as the other items. | | | | crimes, extortion, black mail, counterfeit, computer |
| Theories of white collar crimes: | | | | frauds and insider trading, the white collar crimes |
| Differential association theory: | | | | were defined by Sutherland Edwin as those crimes |
| This theory was by Edward Sutherland, it states that | | | | that are committed by people of high status quo in |
| individuals learn the attitudes, values and techniques | | | | the course of their occupation |
| and also the motives for criminal behavior through | | | | The differential association theory by Sutherland |
| their interaction with other individuals in the society. | | | | Edwin explain why white collar crimes occur, this |
| Individuals in the society will interact with other | | | | theory states that an individual will commit a crime |
| individuals and this is where they learn the motives | | | | due to the influence that result from interaction, and |
| and attitude towards crime, the individuals are inspired | | | | that the crimes committed according to this theory |
| by the cultural transmission that occur in the society, | | | | are an expression of the individuals needs and values. |
| Sutherland also stated that the self image of a | | | | The strain theory by Robert Merton also explains the |
| person is continuously being constructed when a | | | | occurrence of white collar crimes, this theory states |
| person interact with the people in the society. | | | | that the society today has developed a culture of |
| This theory states that people will define their lives | | | | dreams of being prosperous and having opportunity, |
| with reference to their experience and their | | | | and due to the fact that the society’s |
| experience will determine their future actions, this is | | | | structure is characterized by inequality and not all |
| why people will behave differently to the same | | | | individuals have the opportunity to realize their |
| situation. This theory also states that individuals will | | | | dreams, people opt to involve themselves in white |
| choose to commit a crime when the balance when | | | | collar crimes in order to realize their dreams. |
| law breaking definitions exceeds the law abiding | | | | The control theory was developed by Travis Hirsch, |
| definitions, however the individuals deeds both | | | | Travis identified four characteristics that will restrain |
| criminal and non criminal deeds are motivated by the | | | | an individual from committing a crime and they include |
| needs for social gain and money. | | | | attachment to others, the believe in the moral validity |
| This theory states that as people that are high in | | | | of rules and law in the society, the commitment to |
| status quo interact, then the individuals are likely to | | | | achievement of goals and objectives and finally the |
| follow their footsteps, therefore individuals will | | | | individuals involvement in convectional activity. All this |
| commit white collar crimes due to interaction with | | | | four factors will contribute to the development of |
| other individuals and due to the need for social gain | | | | the individuals self control, the absence of the above |
| and money. | | | | four factors of self control development in an |
| This theory can be summarized by the following | | | | individuals life will contribute to the occurrence of |
| points: | | | | crime, therefore if an individuals does not have the |
| - We learn criminal behavior | | | | above four factors then he or she will be more likely |
| - The criminal behavior is learnt when we interact | | | | to commit a crime. |
| with other people in the society | | | | |