Sample Law Research Paper on White Collar Crime

White Collar Crime

Economic Regulation and Social Regulation

Economic regulation deals with the government`s participation in the country`s economic issues including the control of business practices, industry rates, as well as transportation and service paths of business. Therefore, in general, economic regulation is demonstrated as a form of government regulation that sets prices or conditions on entry of firms into an industry. Economic regulation also contains the regulation of monetary companies. On the other hand, social regulation includes the government`s oversight of the quality and safety of goods and products, and the conditions under which those products are produced. Accordingly, social regulation comprises environmental controls, health, and safety regulations and limitations on cataloguing and promotion. Social regulation includes the rectification of external ISSUES.

Original Objectives of Regulation

A regulation is any instrument by which governments, their subsidiary bodies, and supranational bodies including the European Union and the World Trade organization agencies set requirements on citizens and businesses that have legal force. The concept may include a wide range of instruments staring from primary laws and secondary regulations to implement primary laws, subordinate rules, administrative procedures, and decision that give effect to higher-level regulations and standards. Regulations may originate from non-governmental or self-regulatory organizations to which governments have given regulatory authorities. A regulation establishes, confines, restrains a right, develops or confines a liability, or apportions accountability. Regulations take a significant number of formulas including accreditation, market guideline, communal guideline, and self-regulations.

Regulations are implemented in order to help meet various objectives, including ensuring that the set requirements are in the interest of the public. It deals with the stable necessity to guarantee that regulations and governing assemblies are vindicated, of good superiority, and appropriate for resolution. An essential portion of operative public supremacy, regulatory strategy assists to form the association between the government, people, and companies. An effective regulatory body aims at supporting economic developments and the rule of law, helping policy creators to reach knowledgeable decisions concerning what to legalize, whom to regulate, and how to legalize. An appraisal of regulatory results notifies policy creators of achievements, failures, and the need for transformation or amendment of regulation so that it remains to provide operative support for policy objectives. Therefore, regulation aims at enhancing the general well-being, not just sectoral benefits, and not impartial for the profit of commercial. Certain guidelines have definite consequences, but many other have much wider implications.

Historical Issues That Formed the Growth of Regulation

Various factors have molded the growth of regulation. It is noted that regulatory policy is a moderately young discipline. It began to emerge in a few nations in the 1970s and in others much later. It has continued gradually, through dissimilar stages, a procedure that can be anticipated to last. The growth of regulation was initially in reaction to changing public rule and particularly financial purposes. It began as deregulation, following the rapid growth of regulation through most of the 20th century and the dawning realization that the accumulation of this regulatory stock was harmful to business, stifling entrepreneurship, and innovation. Another factor that led to development of regulation is the need to respond to crisis. Various OECD nations have employed predicament and recessions as chances to takeoff and combine organizational and regulatory reorganizations. For instance, Korea executed a wide-ranging reform programme in the midst of the 1997 and 1998 crisis; fifty percent of all regulations were reduced, targeting to bring to an end the practice of political interference in the economy and business. Therefore, markets were unlocked and blockades to trade and foreign venture were depressed.

The Principal Arguments on the Historical Argument about Regulation

Many people undervalue how difficult and disturbing complex administrative rules and regulations are. The only cost of rule is the cost to bad individuals who do not do whatever the rule prohibits. Some believe this is not a cost at all and they argue that in order to have an influence, rules have to be enforced by making efforts of detecting violations and monitoring of performance on an ongoing basis. Accordingly, this burden is on the entire class subject to the rule and not only to those who were to break it at some point in time. People have to offer themselves at some boundary by demonstrating that they are not doing something in the forbidden manner. People have to prove it through paperwork, which lead to complaints every day. Politically speaking, business owners and managers complain about government regulation; this is not the class to which academics are inclined. In essence, the procedure of demonstrating one`s blamelessness all the time is a disheartening, demeaning activity. This is because it issues one to examination, regulation, form filling, and the will and quirk of the enforcers. To ensure compliance, some studies affirm that states or federal governments have to involve paper work and bureaucratic supervision and in-person monitoring by social workers.

Looking at the proposals for drug testing as a condition of receiving welfare many issues emerge. In essence, this contains a lot of deprivation to put many non-drug using people through for the sake not for saving money (Friedrichs, 2009). This is because the cost of enforcement in this scenario is clearly higher than the money saved. Essentially, the reason behind such enforcement is a zero-tolerance regulatory insistence concerning welfare recipients not using drugs. In this fashion, deprived individuals will be exposed to another set of methods, another conventional of examinations, another set of investigation and checking, another set of affronts, another risk of untruthful answers of fault, only for unimportant monetary investments. Some individuals may get to pose as having nil forbearance for some intolerable result because the zero forbearance rules are for such determinations. Ordinarily, some see it as the life of about a sixth of the nation`s populace gets inferior, more constrained, more subject to the weights and interruptions of intervening guideline. Such issues are the motivations behind Friedman`s  lobbying for a negative  income tax in place of complex arrays of partial coverage welfare policies in the United States. Friedman understood that regulations are administratively expensive to enforce and they are sources of imprisonment or restriction for many people who do not violate them. There is a need to guarantee that revenue upkeep only goes to the deserving unfortunate to normalize their behavior to stop them from doing what is unworthy. Moreover, the bureaucratic state that administers the poor and migrants is the same bureaucratic state that governs taxpayers and business and people holding bank accounts.

Principal Factors that have Prevented Local Prosecutors from Pursuing White Collar Crime Cases

The first factor revolves around perceptual attitudes; where perception carries everything. As long as individuals adhere to the incorrect belief that they are resistant from being swindled, they will harbor the concept that victims must justify their providence. Authorities like anyone else, associate mental images to various crimes and white collar crimes that invoke non-threatening images of people in suits, not thugs in balaclavas (Friedrichs, 2009). This offers the tendency of treating such people with respect and courtesy rather than fear and severity. Seemingly, the justice organization does not put much weight on scam and other white-collar wrongdoings, especially when it is well thought out to be a non-violet victimless misconduct. The alarming fact is how the crime is alleged, not as a criminal crime at all, but as modest bad ruling on the part of sufferers by both public and by victims themselves. This has predisposed the way crimes are preserved by prosecuting the attorney and other law execution and governing organizations when condemning offenders by the court, which sentences them.

The other factor revolves around underestimation of losses, where the price tag attached to some economic crimes is so staggering that they are difficult to comprehend. For instance, the price of bailing out a single corrupt savings and loan institution surpasses the total of all the bank robberies in the American history. Concerning police resources, studies show that few laws get a hundred percent enforcement, and white-collar crime has a much lower margin of non-enforcement (Friedrichs, 2009). Hence, fraud and other white-collar crime is not urgency for police departments. Thus, they are obligated to dedicate their incomes to wrongdoings of ferocity and lack of qualified workers and financial incomes, prosecuting attorney and the police are not in a position to explore and prosecute supposed deception and connected white-collar cases. Furthermore, compassion is another major aspect, where many lawmakers and prosecuting attorney including magistrates believe that with an already full justice organization, prisons should be dedicated for violent criminals. With this kind of mentality, white-collar criminals are prosecuted by getting what is perceived as lenient sentences (Friedrichs, 2009). Such are ludicrously low consequences in contrast to the crime done.

Therefore, such white-collar criminals receive warnings and probation to some extent, and when sentenced they get an option of buying their way out of prison by paying a fine or restitution. A white-collar criminal currently rich off the plunders of others can have enough money for the best legal representative and founded on their supposed non-violent nature, often gets set to a country club institute for a short period of rest. Subsequently, there is an element of jurisdictional limitations, which influence the activities of prosecutors. The powers of various law enforcers and prosecutors do not cover various essential elements in a white-collar criminal case, as such; prosecutors get inhibited from proceeding with their work. This signifies the level at which prosecutors operate, hence, at some point they let crimes go because they do not have the ability to proceed or access certain relevant information based on inefficient laws.

Factors that Seem to Persuade Prosecutors to Pursue White Collar Crimes

 The presence of centralized information retrieval and dissemination facilitates forwarding of all appropriate fraudulent complaints to specific agency by any agency that holds it. As such, one assistance is devoted to the assembly of all grievances centrally and works as an administrative collection and propagation facility (Friedrichs, 2009). This helps in standardizing the information capture and exchange, which assist prosecutors in dealing with white-collar crimes. In consequence, when investigation and enforcement is handled by separate units broken down by various specialties, the work of arresting and prosecuting becomes less demanding. The main factors that seem to persuade prosecutors to pursue white collar crimes include the level and nature of the harm caused by the defendant`s actions. If the harm is of a larger magnitude, prosecutors will be more convinced to pursue such crime. The individual`s fault in the prohibited activities  is another key influence  for prosecutors, if the prosecution finds that the individual  convicted  has a bigger role in the offense they would, to swiftly pursue such a case. The actual costs for both the offender and the community of any authorization executed.

Accordingly, if little cost is directed towards the community as opposed to the offender, the prosecution would be more willing to pursue such criminal case (Friedrichs, 2009). In consequence, any sentencing decision that involves serious offenses and the record of the accused. However, the paradox that confronts judges in white-collar crime cases is the contradiction between a serious offense, especially those involving substantial financial harm and a defendant who is a respected member of the community who has never before been involved in trouble with the law. Despite this, prosecutors are attracted to serious white-collar offenses that have an impact to the society. Various prosecutors as well as judges are more likely to experience empathy as a function of identification with common values rather than from similar in white color rime cases

The Role of State Attorney General in the Pursuit of White Collar Crime Cases

To start with, attorney general serves as the chief legal officer at the state level regarding crimes of collar in nature. The office of the attorney general characterizes and provides lawful information to most state assistances, and imposes end user defense and public privileges edicts (Friedrichs, 2009). The attorney general through his office is mandated to prosecute criminals charged with complex financial crimes. The agency of the municipal attorney general carries and protects proceedings on behalf of the state and makes official authorized sentiments entreated by state officers concerning white-collar delinquencies. The state-run attorney general has authority over end user deception deed and white collar delinquencies in the federations. Moreover, a state attorney general investigates a wide variety of crimes, such as Medicaid fraud, insurance fraud, environmental crimes, and many other financial transactions related issues.

In conclusion, based on the above discussion, white-collar crimes are complex in many ways but through correct legal frameworks, fraudulent activities of this kind can be pursued effectively. Moreover, initially in the discussion, it was found that economic regulation revolves around the government`s contribution in the nation`s pecuniary subjects including the control of business practices, industry rates, as well as transportation and service paths of business. In essence, this discussion also revealed that social regulation comprises environmental controls, health, as well as safety regulations and limitations on cataloguing and promotion. As such, it was   found that on both sides, whether economic or social, regulations involve many aspects. For instance, regulations involve drafting and implementation or enforcing, which makes the regulations functional. However, many debates around regulations have proved that some regulatory frameworks are far more oppressive and costly than the purpose they are instituted to serve.

 

Reference

Friedrichs, D. (2009). Trusted Criminals: White Collar Crime in Contemporary Society. New York, NY: Cengage Learning.