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Week 8 - Capitalist Crime - Coggle Diagram
Week 8 - Capitalist Crime
Regulation
Criminal law
The rise of zemiology
Controlling repeat players v controlling outsiders
Using fraud rather than violent crime
Legal mechanisms depend on criminality
Pluralist model of regulation - Braithwaite
Managing a financial crisis
Collateral damage
Different to normal crime model
Moral panic leads to a deviance amplification spiral (Wilkins)
Exceptions in strong cultural resistance or financial interests
Problems in evidence in corporate criminal laibility
Senior individuals - grenfell tower
Bad Apple Vs Rotten barell
Few bad apples Vs corporations
Individual causes V structual causes
Isolating cases as exceptional VS Q effectiveness of regulation
Leads to different responses/ Prevention strategies
Braithwaite regulatory pyramid
For repeat players and honest players toughen things
Done through society
Some people are just crooks
Going through this model slowly could lead to victims and harm
Whos the crook to start with and who can be regulated sufficiently
Examples
Boeing 737 Max crashes - Self certification
VW diesel frauds - Consistent pattern of lying to regulators and public
Bhopal - Environment violations - lack of maintenance
Pinto and Mossanto - Car explosions - reckless homicide
Criticism regulators
Small and under resourced
Limited powers and reluctant to prosecute
Business can prevent, delay or shape legislation
Capture culture and revolving door
No clear lines
Few successful agencies
Disagreements of scholars
2018 Eu Whistle blower protective directive
Broad policy areas
Broad personal scope
Safe internal and external channels for reporting
Public discourse protection
Support for whistleblowers
Safeguards
Special issues about wc crime
Self regulation is the norm
Low quality
The process is the punishment
Claims of fake news to counteract judgement
Pay for legal representation
Effectiveness, efficientcy and legitimacy
Satisfying the public - dealing with bad people
Dealing fairly with elites
Getting value for money
Confusing effectiveness with efficiency