Reply to both
1)
The section titled “How Do We Fix It” provides several examples of white-collar crimes and how these laws are favorable to big businesses. However, this section doesn't really provide any meaningful suggestions as to how we fix these laws, instead it criticizes the system and highlights that white collar crimes are too arcane to be understood by juries and judges. Therefore, I cannot agree with the authors’ conclusions regarding how to fix policy responses to white-collar and corporate crime. The author doesn't provide any substantial policies reforms and uses outdated data/examples to prove their point. Corporate crime, and more specific cyber-crimes are a topic I have much experience with so I will express my opinions and thoughts on how we can fix inadequate white collar and corporate crime laws. There are several ways to fix inadequate white collar and corporate crime laws. One way is to provide a bigger deterrent to future crime by criminal and civil prosecution of corporations that could be more effective and put more culpable executives in handcuffs. Another way is to re-orient priorities across a dispersed network of agents and prosecutors through statements and supportive policy changes. According to an article from Stanford Graduate School of Business, a federal judge says fear of prison is the best way to deter bad behavior. Big fines paid by businesses that break the law provide no incentive for companies to change cultures that lead to that illegal activity.
I often keep up with current policy changes within corporate and cyber-crimes. Recently, a top United States Department of Justice official detailed a series of policy changes aimed at rooting out corporate misconduct and prioritizing individual prosecutions, signaling a shift to a tougher tone by the Biden administration on white-collar crime. Deputy Attorney General Lisa Monaco said the Department of Justice would restore guidance that companies will need to provide full lists of people involved in any misconduct in order to receive any credit for cooperation from prosecutors. According to Monaco, the department will mandate that prosecutors take into account a company's whole criminal, civil, and regulatory history when deciding how to handle an inquiry into wrongdoing. In the past, the department's primary consideration when assessing a settlement was comparable sorts of wrongdoing. Monaco stated that in order to better understand when not to employ specific types of settlements, in which it agrees not to prosecute a firm in exchange for a fine and pledges of better behavior, the department has started reviewing data on corporate resolutions. Additionally, the US Justice Department has toughened policies towards white-collar crime by assigning FBI agents to corporate misconduct and urging prosecutors to be bold in holding companies accountable. Overall inadequate white collar and corporate crime laws are a result of misunderstanding into the corporate world and outdated polices which protect money hungry business rather than the public. Due to our increasing accessibility of information and sharing of, through social media corporate crime is highlighted now more than ever. Making it so that corporate crimes can no longer go unnoticed and simply swept under the rug by paying a fine which is often at a net positive for big companies.
References
Al Jazeera. (2021, October 28). US Justice Dept toughens policies towards white-collar crime. Business and Economy News | Al Jazeera.
Mallicoat, S. L., & Gardiner, C. (2014). Criminal justice policy. SAGE.
2)
Do you agree with the authors’ conclusions regarding how to fix policy responses to white-collar and corporate crime so that they can be more effective? Explain why or why not.
I agree with the authors conclusions about how to fix policy responses to white-collar and corporate crime so that they can be more effective. White-collar and corporate crime is an example of a criminal justice problem that has received little to no response. As a result, the detrimental repercussions of these unlawful actions keep spreading across the county. Because of this, new laws that are specific to white-collar crime need to utilize nontraditional penalties and standards imposing accountability. This would be increasingly effective in fixing policy responses to white-collar and corporate crime. The current legislative attempts at developing and implementing new policies and laws have done nothing to address this critical issue. I do think however that more studies need to be done on white-collar and corporate crime to create appropriate and effective ways to address this serious issue. Criminal Justice administrators and government officials must create a comprehensive strategy to obtain a variety of viewpoints so that effective policies are implemented. Additionally, I agree that reviews need to be done on all current legislative policies and laws and what their impact has been. Having community or city town hall meetings to receive ideas or proposals for improving white-collar and corporate crime should be conducted when developing new legislation. The business relationships between them and politicians have resulted in weak and ineffective laws that do not hold corporations and their staff to a high level of accountability. Because of the lack of accountability, the environment surrounding these actions have become conducive to illegal activities. So, it is so crucial that criminal justice administrators and government personnel to implement effective methods to deter participation in white collar and corporate crime. Moreover, imposing stiffer punishments for white-collar and corporate crime offenders will help prevent and control corporate practices. Regulations and punishments have an impact on both corporate and individual white-collar crime.
Reference
Mallicoat, S. L. & Gardiner, C. L. (2014) Criminal Justice Policy. Sage Publications, Inc.
