CRIME AND THE ABUSE OF POWER - OFFENCES AND OFFENDERS BEYOND THE REACH OF THE LAW?

• NCJ Number: 65527
• Author(s): J BRAITHWAITE; B R KINCHINGTON
• Date Published: 1979
• Length: 32 pages
• Corporate Author: Australian Government Publishing Service
• Sale Source: Australian Government Publishing Service
• Language: English
• Country: Australia
• Note: AUSTRALIAN DISCUSSION PAPER TOPIC 3, SIXTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS, REPORT OF A WORKING PARTY PRICE QUOTED IS IN AUSTRALIAN DOLLARS.

Annotation

THESE U.N. PAPERS DEFINE SOME GENERAL SOLUTIONS TO THE PROBLEM OF THE ABUSE OF POWER AND FOCUS ON THE INCREASING THREAT TO THE COMMUNITY THAT SUCH POWER PRESENTS THROUGH THE SEARCH FOR PERSONAL GAIN.

Abstract

PRESSURES GENERATED BY BOTH CAPITALIST AND SOCIALIST SOCIETIES THAT PERMIT AND ENCOURAGE THE ABUSE OF POWER ARE DISCUSSED, AND TWO POSSIBLE SOLUTIONS ARE PROVIDED. THE FIRST SOLUTION--DOING AWAY WITH THE EMPHASIS ON PERFORMANCE--IS SEEN AS PROMOTING SELF-AGGRANDIZEMENT, WHILE THE SECOND--THAT OF MAKING ILLEGAL ACTIVITIES MORE DIFFICULT--REQUIRES AN INCULCATION OF THE ETHIC OF SERVICE IN THE PUBLIC INTEREST. PROBLEMS OF INEQUITY IN THE DISTRIBUTION OF POWER, THE NATURE OF ORGANIZATIONAL CRIME, AND THE PROBLEM OF LEGAL CONTROL ARE OUTLINED. SUGGESTED SOLUTIONS ARE GIVEN TO THE PROBLEM OF SEGMENTED RESPONSIBILITY INCLUDING THE NOMINATION OF RESPONSIBLE OFFICIALS, MANDATED IMPACT STUDIES, LEGISLATION TO APPOINT PUBLIC INTEREST DIRECTORS TO LARGE CORPORATE BOARDS, UNFAVORABLE PUBLICITY, A U.N. ANTI-CORRUPTION UNIT, AND LEGISLATION SUCH AS THE U.S. FREEDOM OF INFORMATION ACT TO PERMIT THE PUBLIC SCRUTINY OF PRIVATE POWER. A FINAL SECTION DEALS WITH THE INCREASINGLY TRANSNATIONAL CHARACTER OF POWER ABUSE AND ITS REGULATION. THE SECOND PAPER SUMMARIZES THE DETECTION, INVESTIGATION, AND PROSECUTION OF CORPORATE CRIME AND DELINEATES SUCH PROBLEMS AS PUBLIC TOLERANCE OF SOME TYPES OF BUSINESS CRIME AND THE NEED FOR SPECIALISTS WITH POWERS OF SEARCH, SEIZURE, AND SUBPOENA. ALSO PROVIDED IS A BRIEF DESCRIPTION OF THE PROSECUTION OF ECONOMIC CRIME, THE ADEQUACY OF THE LAW AND PROCEDURES AND THE NEED FOR REFORM, AND ALTERNATIVES TO TRIAL BY THE JUDGE AND JURY. OTHER SUGGESTED REFORMS INCLUDE MINIMAL CAPITAL REQUIREMENTS, UNLIMITED LIABILITY AND ACCOUNTABILITY OF DIRECTORS, DIRECTORSHIP AS A PRIVILEGE RATHER THAN A RIGHT, COLLECTIVE DIRECTOR RESPONSIBILITY, DISCLOSURE REQUIREMENTS, A SHAREHOLDERS, TRIBUNAL, AUDITORS, AND STRICT LIABILITY WITH REVERSE ONUS OF PROOF. FOOTNOTES ARE ATTACHED. (SEE ALSO NCJ-65528). (AOP)