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WHITE COLLAR CRIME, OCCUPATIONAL CRIME, AND LEGITIMACY

NCJ Number
49081
Journal
INTERNATIONAL JOURNAL OF CRIMINOLOGY AND PENOLOGY Volume: 6 Issue: 2 Dated: (MAY 1978) Pages: 121-136
Author(s)
M J CLARKE
Date Published
1978
Length
16 pages
Annotation
AN ACCOUNT OF WHITE COLLAR CRIME IS PRESENTED WHICH UTILIZES THE CONCEPT OF LEGITIMACY OF ACCESS TO CRIMINAL OPPORTUNITY AS AN ORGANIZING AND DIFFERENTIATING FACTOR AMONG TYPES OF CRIME.
Abstract
ORDERING VARIOUS KINDS OF PROPERTY CRIME PERPETRATED FOR GAIN ALONG A SPECTRUM OF LEGITIMACY OF ACCESS TO CRIMINAL OPPORTUNITY PROVIDES A BASIS FOR BETTER UNDERSTANDING THE DIFFERENCES BETWEEN SO CALLED WORKING-CLASS CRIME (BURGLARY, ROBBERY, THEFT) AND WHITE COLLAR CRIMES. IN OCCUPATIONAL CRIMES OPPORTUNITY ARISES AS PART OF THE OCCUPATION, AND CRIMINAL TECHNIQUES ARE LEARNED THROUGH THE JOB RATHER THAN THROUGH INVOLVEMENT IN A DEVIANT SUBCULTURE. IN ADDITION TO THIS DISTINCTION, OCCUPATIONAL CRIME CAN ALSO BE DISTINGUISHED AS EMPLOYER-PERPETRATED AND EMPLOYEE-PERPETRATED. A SUBSTANTIAL DIFFERENCE EXISTS BETWEEN THESE TWO TYPES OF WHITE COLLAR CRIME IN THE EXTENT OF CONTROL OVER THE PERCEIVED OR ACTUAL LEGITIMACY OF CRIMINAL BEHAVIOR. BLUE COLLAR OCCUPATIONAL CRIME, SUCH AS THE EMPLOYEE PILFERING FOR PERSONAL USE FOUND AMONG DOCK LABORERS, IS PART OF AN ESSENTIALLY SYMBIOTIC RELATIONSHIP BETWEEN EMPLOYEE AND EMPLOYER AND IS AT A MAXIMUM IN WORK SITUATIONS INVOLVING LOW WAGES AND RELATIVE EMPLOYEE AUTONOMY. SUCH PILFERING MAY BE LEGITIMIZED BY THE EMPLOYEE IN TERMS OF THE COMPANY'S INSURANCE COVERAGE, THE IMPERSONALITY OF THE BUSINESS ENTITY, OR AS AN ACCEPTABLE JOB FRINGE BENEFIT. IT IS OFTEN TOLERATED BY THE EMPLOYER WHO CAN MORE EASILY AFFORD SUCH PILFERING THAN THE COST OF STRICTER CONTROL MEASURES OR RETRIBUTIVE EMPLOYEE WORK SLOWDOWNS. WHILE THIS IS TRUE ABOUT PERSONAL-USE PILFERING, THEFT FOR RESALE IS GENERALLY NOT LIKEWISE TOLERATED BY THE EMPLOYER. IN MORE TECHNOLOGICALLY SOPHISTICATED BLUE COLLAR WORK ENVIRONMENTS, THE EMPLOYEE'S ACCESS TO CRIME OPPORTUNITY AND THE EXTENT OF HIS CONTROL OVER PERCEIVED LEGITIMACY ARE BOTH LIMITED. THE POSITION OF THE WHITE COLLAR EMPLOYEE IS ESSENTIALLY SIMILAR TO THAT OF HIS BLUE COLLAR COUNTERPART AND DEPENDENT UPON BOTH ACCESS TO OPPORTUNITY AND EXTENT OF CONTROL OVER PERCEIVED LEGITIMACY. THE SIMILARITY OF SHOPLIFTING TO EMPLOYEE PILFERAGE IS NOTED. EMPLOYER CRIME IS DISTINGUISHED FROM EMPLOYEE CRIME BY THE INCREASED CONTROL OVER PERCEIVED LEGITIMACY OF THE CRIMINAL BEHAVIOR, AND CAN BE CLASSIFIED IN TERMS OF THE CRIMINAL CORPORATION IN WHICH LEGITIMATE ORGANIZATIONAL APPEARANCES ARE USED AS A CONTEXT FOR CRIMINAL ACTIVITY AND HAVE BEEN DEVISED PRIMARILY FOR CRIMINAL ACTIVITY, AND CORPORATE CRIME WHICH INVOLVES DEVIANT ACTIVITIES SUCH AS PRICE FIXING BY LEGITIMATE ORGANIZATIONS. THE IMPORTANCE OF POWER RELATIONSHIPS BETWEEN SOCIAL AND ECONOMIC GROUPS IN ANALYZING WHITE COLLAR/OCCUPATIONAL CRIMES IS EMPHASIZED. IT IS NOTED THAT IN CORPORATE CRIME, NOT ONLY THE APPEARANCE OF LEGITIMACY BUT CONTROL OVER LEGITIMACY IS IMPORTANT. NOTES AND REFERENCES ARE INCLUDED.