who identified several other differences between criminal and civil law:
John Coffee Jr
Today, virtually all environmental statutes include criminal provisions. Although they differ on the degree of liability.
Violations of the Pollution Act
Violations of the Clean Air Act
Violations of the Rights Act of 1964
The role of intent is greater in
Many constraints have limited full implementation of the environmental law enacted since the early
Criminal law focuses on the creation of risk rather than on
Regulatory agencies have often been unwilling or unable to implement environmental crime laws fully.
Criminal law insists on greater evidentiary certainty and is less tolerant of procedural informality
Judges have been reluctant to impose the criminal penalties permitted by the law on
violation of public law
Criminal law relies on
the private sector
the federal government
Criminal law involves the deliberate imposition of punishment and the maximization of stigma and censure.
Written law produced by state and federal regulatory agencies as opposed to government bodies (thus, some disagreement exists as to whether administrative law is law in the full conventional sense or merely a “body of rules”); many of the activities classified as white collar crime are violations of administrative rather than statutory law.
A body of law based on court opinions and rulings on previous cases; important in white collar crime in that it often establishes precedent for criminal prosecution. Case law is a product of appellate court opinions and has played an important role in the realm of white collar crime for several years
Law that concerns itself with private, individual harms and objective responsibility, focused mainly on compensating an individual party for measurable harm suffered.
Statutory law based on the U.S. and state constitutions. The Commerce Clause of Article I, Section 8 of the Constitution authorized Congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businesses.
Product of appellate court opinions and has played an important role in the realm of white collar crime for several years.
Law directed against monopolistic practices that interfere with the operation of a truly free market.
To ensure that regulatory agencies would act fairly, with appropriate attention to due process, but it also imposed some limits on judicial powers to rule on or overturn agency actions.
Administrative Procedure Act
Banned efforts to “prevent full and free competition” and also prohibited combinations that tended to raise the cost to the consumer and actions causing a “restraint in trade” that could lead to monopolies.
In the relatively few cases in which state prosecutors pursue corporations, they often do so in a cooperative venture with local and federal prosecutors.
Lawmaking that occurs through the executive (presidential) control of agencies that investigate, enforce, and prosecute crime.
Class Action Lawsuits
An independent agency in 1914 as the federal government’s principle weapon against trusts. It is also empowered to:
Contend with unfair and deceptive business practices, including deceptive advertising, that defraud consumers
Issue trade regulation rules
Require businesses to produce various forms of information
Prevent unfair competition and anticompetitive mergers
The Rivers and Harbor Act of 1899
Federal Trade Commission
Special prosecutors appointed in politically sensitive cases who are not directly supervised by the administration in power.
Potent Prosecutor Weapon
Conflict theory perspective on lawmaking which sees the law as reflective of the elite class’s control over the state in a capitalist society, and serving the purposes of that class.
Progressive perspective on lawmaking which envisions the state as “relatively autonomous” and committed to the system’s long-term survival, rather than to advancing the specific interests of capitalist elites and entities.
Punitive approach associated with the ancient rationale of retribution for wrongdoing, and based on the assumption that the system should ensure that offenders receive the penalty they deserve.
Established both the supremacy of the Constitution and the Court’s own right of judicial review.
Marquicio v. Madison
Marbury v. Madison
Mistretta v. United States
Mistretta V. Madison
1989 case in which the U.S. Supreme Court upheld the constitutionality of the U.S. Sentencing Commission and the federal sentencing guidelines established in the Sentencing Reform Act of 1984.
Maria v. United States
Madison v. United States
Punitive measures applied through criminal law, civil and administrative law, and nongovernmental systems of social control; for white collar crimes, they include imprisonment, fines, and occupational disqualification for individual offenders, and loss of charter, fines, and adverse publicity for organizations.
The loss of a professional license or other credential needed to practice a business or a profession; a punitive deterrent that incapacitates offenders by depriving them of opportunities for committing their occupationally related crimes. Rehabilitation, as a penal objectives is not fulfilled by occupational disqualification.
Inducements such as grants, bounties, fees, loan guarantees, prizes, awards, tax credits, favorable administrative considerations, indulgences, and other incentives used to obtain cooperation in a criminal prosecution or to encourage whistleblowers to come forward.
The most recent rationale for penal responses to crime; in the case of conventional offenders, it most often involves the teaching of skills to succeed in legitimate professions, but in the context of white collar crime, is more likely to be a moral reformation that involves personal realization of the wrongfulness of their conduct and a willful repudiation of such conduct in the future.
Moralistic or normative response to crime that emphasizes the opportunity for redemption and reintegration of the offending individual or corporation back into the community, rather than stigma and punishment that segregate the offender from the community and push them into further crime and deviance.
Federal guidelines on criminal sentencing, adopted as part of the Comprehensive Crime Control Act in 1987, which were designed to create a more uniform and equitable sentencing scheme for the criminal justice system.