Chapter 16
Transcript of Chapter 16
Criminal
Justice in
the New
Millennium
Chapter
16
Globalization and Justice
Globalization
The process of creating a global economy
through transnational markets and
political and legal systems
Two element of globalization
have the potential to
encourage criminality:
① Technological advances
② Free markets and fair trade
Corporate Enterprise
Crime
“White collar crime”
Late 1930s became the term to describe
the criminal activities of the rich and
powerful
Corporate enterprise crime
Involves illegal activities of people and
organizations whose acknowledged
purpose is to profit through illegitimate
business enterprise
Global Enterprise Crime
The creation of the global capital markets has created unprecedented opportunities for business to access capital, and for investors to diversify their portfolios Types of Wall Street Fraud schemes:
Market manipulation
High yield investment fraud
Advance fee fraud
Hedge fund fraud
Commodities fraud
Foreign exchange fraud
Broker embezzlement
Late-day trading
Corporate Enterprise
Crime
The Subprime Mortgage Scandal
Failure of banks
Government bailout
Loans to borrowers who normally would
not qualify for bank loans
Securitization
Help first time borrowers,
also source of fraud
Corporate Enterprise
Crime
The Subprime Mortgage Scandal
Foreclosure rescue scams
Phantom help
Bailout
Bait and switch
Builder-bailout schemes
Corporate Enterprise
Crime
Management fraud
Typically involves falsifying financial
information for their own financial benefit
Corporate Enterprise
Crime
Strategies to Control Corporate Crime
Civil Law Strategies
Economic sanctions
Civil penalties
Criminal Law Strategies
Deterrence
Corporate Enterprise
Crime
The detention and enforcement of
corporate crime
Primarily in the hands of administrative
departments and agencies
The decision to pursue criminal rather
than civil violations usually is based on:
The seriousness of the case
The perpetrator’s intent, actions to conceal
the violation, and prior record
Cyber Crime
The theft and/or destruction of
information, resources, or funds via
computers, computer networks, or the
Internet
Cyber Crime
Cyber theft involves the use of
computer networks for criminal
profits
Some of the most common methods of
cyber theft are:
Computer fraud
Copyright infringement
Internet securities fraud
Identity theft
E-tailing fraud
Cyber Crime
Pornography and Prostitution
The internet is an ideal venue for selling
and distributing adult material
The First Amendment
Makes legal control of
pornography quite
difficult
Cyber Crime
Cyber vandalism
Involves malicious attacks aimed at
disrupting, defacing, and destroying
technology
Includes:
Viruses and worms
Trojan horses
Denial-of-service attack
Web defacement
Cyber stalking
Cyber Crime
Cyber Bullying
The willful and repeated harm inflicted
through the medium of electronic text
Includes:
Harassing emails or instant messages
Obscene, insulting, and slanderous
messages to online bulletin boards
Websites promoting and disseminating
defamatory content
Harassing text messages
Cyber Crime
Cyber Warfare
Politically motivated attacks designed to
compromise the electronic infrastructure
of an enemy nation and disrupt its
economy
One type is cyber espionage
Cyber Crime
The Extent and Costs of Cyber Crime
Thousand of breaches each year
The internet has become a major source
of illegal profits
Billions of dollars
Most is not reported to authorities
Cyber Crime
Controlling Cyber Crime
New legislative initiatives include:
Software piracy
Copyright infringement
Identity theft
Internet pornography
Computer crimes
Cyber Crime
Enforcing Cyber Laws
Federal level is where most efforts occur
Other specialized enforcement agencies
Internet Fraud Complaint Center
the National White Collar Crime Center
Terrorism
Premeditated, politically motivated
violence
Perpetrated by subnational groups or
clandestine agents against noncombatant
targets, usually intended to influence an
audience
Act must be aimed at a goal that sets it
apart from a common law crime committed
for greed or egotism
Terrorism
Types of terror groups:
Revolutionary terrorism
Political terrorism
Eco-terrorism
Nationalist terrorism
Retributive terrorism
State-sponsored terrorism
cult terrorism
Criminal terrorism
Terrorism
There is no single personality trait or
behavior pattern that distinguishes
the majority of terrorists
Views on why terrorists engage in criminal
activities:
Psychological view
Socialization view
Ideological view
Alienation view
Terrorism
Numerous laws have been passed in
an effort to catch terrorists and
prevent acts of terrorism
Federal courts are typically the venue of
choice
Patriot Act
Terrorism
The government has sometimes taken
drastic measures to curtail the rights
of its enemies
In the wake of 9/11, the Supreme Court
handed down decisions in several
important cases
The Future of Criminal
Justice
A number of changes in the future
include:
Demographic shifts
Technological advances
Increased diversity
Focus on what works
Doing more with less
Globalization
Green crime
Illegal immigration