NCJ Number
113535
Journal
Journal of Law and Society Volume: 15 Issue: 3 Dated: (Autumn 1988) Pages: 293-315
Date Published
1988
Length
23 pages
Annotation
Based on analysis of 50 court cases, this paper argues that court proceedings are not always sympathetic to white-collar offenders because many do not conform to the articulate business person stereotype.
Abstract
The study focuses on offenses under food and drugs, trade descriptions, and weights and measures legislation. Infringements of these regulations are criminal in England, and liability is an important feature. The survey examined the setting of such cases, the use of legal representation, and the kinds of strategies used by defendants to minimize the blameworthiness of their offenses. Although many cases involved dangers to public health or systematic fraud, they were trivialized by the court. Over half the defendants were legally represented or pleaded guilty, a high figure for lower courts. Defendants were not high status business persons, but more typically corner shop proprietors, restauranteurs, used car dealers, and market traders. Successful defendants were able to use the law, legal representation, and strict liability to mask the severity of offenses and any elements of blame. 37 footnotes.