How Does the Criminal Justice System Respond to White Collar and Corporate Crime? Essays

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HOW DOES THE CRIMINAL JUSTICE
SYSTEM RESPOND TO WHITE COLLAR
AND CORPORATE CRIME?

White-collar crime poses a vexing problem for the criminal justice system (CJS). It is an enormously complex global issue that is growing rapidly and is a cross-border problem.
White-collar crime is viewed differently in contrast to conventional crime as generally the public associate crime with street crimes such as robbery, burglary or homicide. Affluent and privileged persons who enjoy an elevated social status and who engage in crimes are rarely considered by the public.

This paper discusses various ways in which the CJS addresses white-collar crime. Firstly, the definition, types and characteristics of white-collar crime will be examined.

In Australia, there are federally, and in the States and Territories, separate and independent systems of CJS. There are numerous inconsistencies across the CJS as well as the States and Territories that leads to differing messages delivered about the frequency and seriousness of white-collar crime (Sarre, 2007). The fragmented nature of the enforcement response to serious and complex crimes, especially where there is a global element, is often a major barrier to investigations and their consequence.

The capability of the Australian CJS to identify white-collar crimes is sometimes weighed down by lack of resources and expertise (Hayes & Prenzler, 2009). According to Smith (2001), resources for the investigation of economic crime are normally limited and inadequate especially for the investigation into computer related crime. Retaining highly trained individuals within the CJS is critical. The prospects of better salaries and conditions within the private sector often lure some of these people away from the CJS. Either government needs to allocate increased budgets for the investigation of economic crime or else the private sector will need to work cooperatively with law enforcement to conduct its

own investigations (Smith, 2001). Funding of adequate resources for training and equipment within the CJS is often not given sufficient priority. One solution may be for a specified portion