- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index
Abstract and Keywords
This chapter examines white-collar crime as an area of criminal law and the long-standing problem associated with its definition, mainly due to the difficulty of setting it apart and extracting it through clearly specified ex ante rules of law. It first outlines the definition of white-collar crime and the problem it presents due to issues of demography, economic activity, the offenses it encompasses, legal specification, and economic theory. It then describes the field’s enforcement landscape, especially in the United States, with emphasis on fraud. The chapter goes on to discuss the persistent public debate about punishment and considers a variety of responses to the problem of legal specification, namely, legislation and prosecution. It also highlights the ambivalence in the United States about how to treat white-collar criminals, citing the area of sentencing law and practice and instability in the law of white-collar crime.
Keywords: white-collar crime, criminal law, legal specification, enforcement, United States, fraud, punishment, legislation, prosecution, sentencing
Duke University
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
Please subscribe or login to access full text content.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.
For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.
- The Oxford Handbook of Criminal Law
- Preface
- List of Abbreviations
- Notes on the Contributors
- Criminology
- Critical Race Theory
- Economic Analysis of Criminal Law
- Feminist Approaches to Criminal Law
- The Transition to Modernity
- Law and Literature
- Philosophy
- Criminal Law and Sociology
- Criminal Law and Technology in a Data-Driven Society
- Medieval Canon Law: The Origins of Modern Criminal Law
- Indigenous Legal Traditions: Roots to Renaissance
- Islamic Criminal Law
- Jewish Law
- Marxist and Soviet Law
- Military Justice
- Theories of Crime and Punishment
- Codification
- Jurisdiction
- Constitutional Principles
- Acts and <i>Actus Reus</i>
- Causation
- Subjective Elements of Criminal Liability
- Inchoate Crimes
- Complicity
- Corporate Criminal Liability
- Necessity/Duress
- Self-Defense
- The Defense of Consent
- Insanity and Intoxication
- Theories of Criminalization
- Homicide
- Offenses Against the Person
- Sexual Autonomy
- Property Offenses
- Drug Offenses
- Terrorism
- “White Collar” Crimes
- Public Welfare Offenses
- The Long Shadow of the Adversarial and Inquisitorial Categories
- Discretion
- Types of Punishment
- Sentencing
- Prison Law
- Paradigms of Penal Law
- Public and Private Law
- Regulatory Offenses and Administrative Sanctions: Between Criminal and Administrative Law
- Comparative Criminal Law
- European Criminal Law
- International Criminal Law
- Index