Chapter 16

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Criminal Justice in the New Millennium Chapter 16

Transcript of Chapter 16

Page 1: Chapter 16

Criminal

Justice in

the New

Millennium

Chapter

16

Page 2: 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

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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

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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

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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

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Video: Bernard Madoff

and the SEC

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Corporate Enterprise

Crime

The Subprime Mortgage Scandal

Foreclosure rescue scams

Phantom help

Bailout

Bait and switch

Builder-bailout schemes

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Corporate Enterprise

Crime

Management fraud

Typically involves falsifying financial

information for their own financial benefit

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Video: Enron

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Corporate Enterprise

Crime

Strategies to Control Corporate Crime

Civil Law Strategies

Economic sanctions

Civil penalties

Criminal Law Strategies

Deterrence

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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

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Video: U.S. Oil Spill

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Cyber Crime

The theft and/or destruction of

information, resources, or funds via

computers, computer networks, or the

Internet

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Video: Cyber Crime

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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

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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

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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

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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

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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

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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

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Cyber Crime

Controlling Cyber Crime

New legislative initiatives include:

Software piracy

Copyright infringement

Identity theft

Internet pornography

Computer crimes

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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

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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

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Terrorism

Types of terror groups:

Revolutionary terrorism

Political terrorism

Eco-terrorism

Nationalist terrorism

Retributive terrorism

State-sponsored terrorism

cult terrorism

Criminal terrorism

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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

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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

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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

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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