Are financial and economic crimes best explained by individual corruption or systemic failure? Critically discuss with reference to any or all of the following: capitalism and neoliberalism.

Learning outcomes:

1

Compare and contrast the relative contributions of different theories of white-collar, corporate and state crime.

2

Appreciate the bias and difficulties in identifying, defining and prosecuting crimes of the powerful.

3

Critically examine the way criminal behaviour has been constructed and conceptualised, with particular reference to white-collar, corporate and state crime.

4

Distinguish the serious and disproportionate contribution of crimes of the powerful compared to ordinary crimes, the ‘protected’ status of perpetrators and legal responses.

 

Essays should include both theory and examples/case studies. Emphasis should fall on analysis that demonstrates the achievement of the learning outcomes for this module. Arguments should be backed up, and sources should be referenced.

To understand the causes and consequences of white-collar, corporate and state crime through a reflection on the existing hierarchy of values, status and power, as well as to uncover how that hierarchy is conditioned by global, neoliberal capitalist economic structures.



Suggestions to include:
Discussion of Sutherland’s idea of white-collar crime (and later concepts such as corporate crime/crimes of the powerful) and the idea of crime being something that can be committed by an organisation as well as an individual 
Concept of crime as social harm – remember, you are encouraged to think about crime beyond ‘legal’ definitions, so you can use case studies such as the financial crisis even if actions were not strictly illegal. (week 3 readings)
Sutherland failed to explain the role of organisations and systemic failures (i.e. of global capitalist neoliberalism – see readings on week 6 and 7) so you will need to look at these, explain their key features, and their effects in terms of what role the system itself plays in developing criminality – processes such as financial deregulation and its consequences (as it is criminogenic)
Capitalism and Neoliberalism (define, discuss and apply these concepts) and their ideologies of greed, self-interest
Capitalism’s constant need to expand/compete with other capitalists and how these systemic factors logically compel corporations to behave unethically or commit crimes (little serious attention given to business ethics for example)
The corporation itself and its ethos of ‘greed is good’
The secretive nature of the corporation, encouraging loyalty to the shareholders at all costs, demanding conformity to group norms and the resulting distorted decision making (case studies/examples e.g. Madoff) (also see week five readings – toxic corporate culture, organizational crime)
Typical response of the criminal justice system is to understand and prosecute such crimes (economic crimes) as crimes of the individual rather than crimes of the system itself (give examples/case studies) 
Theories that might help to explain the behaviour of individuals within corporations (e.g. differential association) and corporation’s excusing their actions etc. (e.g. techniques of neutralisation – week 5 readings)
The ‘rotten apple’ approach rather than the ‘rotten barrel’ approach – is it easier to blame individuals than face up to the notion that the system itself is criminogenic?
(Remember it must be a critical essay which includes a discussion about whether white collar crime is a result of individual corruption (e.g. theories of neutralisation and differential association to explain why they commit the crime) or systemic failure (e.g. how capitalism and neoliberalism lead to crime through- toxic corporate culture, government dysregulation of finances and CJS focus on lower class crimes and their failings to combat crimes of powerful).
 It should include multiple case studies of white-collar crime but don’t describe these with immense detail, they should be described in around 1 sentence to then use that to back up the point that has been made and link it to the relevant theory that is being discussed in the section (Find this info on key themes of essay: relevant info for this essay question should be found from the slides 1-18 and then specifics for this essay are under question 3 (slides 23-24) 
-all lecture slides provided have some relevant info to the essay but you have to take out the necessary info to include and also the module handbook helps to understand the marking criteria, what learning outcomes are and any info around requirement of the essay that may be helpful.

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