USE OF CRIMINAL SANCTIONS IN THE ENFORCEMENT OF ECONOMIC LEGISLATION - A SOCIOLOGICAL VIEW (FROM WHITE-COLLAR CRIMINAL - THE OFFENDER IN BUSINESS AND THE PROFESSIONS, 1968 BY G GEIS - SEE NCJ-39155)

• NCJ Number: 39168
• Author(s): H V BALL; L M FRIEDMAN
• Date Published: 1968
• Length: 22 pages
• Corporate Author: Atherton Press
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE EFFECT OF LEGAL REGULATION ON THE CONDUCT OF BUSINESS AND BUSINESSMEN AND THE RELATIONSHIP OF REGULATIONS TO THE PREVAILING MORALITY ARE EXPLORED.

Abstract

POSSIBLE IMPLICATIONS OF THIS RELATIONSHIP TO THE USE OF CRIMINAL SANCTIONS ARE ALSO CONSIDERED. THIS INQUIRY ASSUMES THAT THERE ARE NO PURE 'ECONOMIC CRIMES'. A DISTINCTION IS ALSO DRAWN BETWEEN THE AUTHORIZATION TO INVOKE CRIMINAL SANCTIONS AND THEIR SELECTIVE APPLICATION. EMPIRICAL EVIDENCE, IT IS ASSERTED, TENDS TO SHOW THAT MORAL APPROVAL BY THE REGULATED IS NOT A NECESSARY CONDITION OF GENERAL COMPLIANCE. IT IS ALSO MAINTAINED THAT GENERAL COMPLIANCE DOES NOT OF ITSELF MEAN THAT APPLICATION-USE OF CRIMINAL SANCTIONS-IS AN APPROPRIATE TECHNIQUE TO ENSURE ACHIEVEMENT OF THE SOCIAL ENDS UNDERLYING GIVEN REGULATIONS WITH MAXIMUM EFFICIENCY, SINCE IT MAY ACTUALLY IMPEDE THE ATTAINMENT OF THE ENDS SUPPORTED BY PUBLIC POLICY AND MORALITY. IN ADDITION, IT IS SUGGESTED THAT THE MORALITY OR IMMORALITY OF PROSCRIBED CONDUCT HAS LITTLE TO DO WITH WHETHER THE LAW LABELS THE CONDUCT CRIMINAL OR LEAVES ENFORCEMENT IN PRIVATE (ADMINISTRATIVE) HANDS....ELW