consensual crimes - Law enforcement

Consensual Crimes: Overview

  • Definition of Consensual Crimes: Crime involving consenting parties where no one is considered a direct victim.

  • Debate on Consensual Crimes:

    • Whether the state should regulate these acts, contrasting views on moral enforcement and causing “social harm”.

  • Themes of Consensual Crime Laws:

    1. laws are arbitrary and even illogical

    2. Laws may do more harm than good

  • Drugs as Publicized Consensual Crimes:

    • Impact on behavior and societal perception.

    • Two categories for drugs:

      • Good (e.g., caffeine, legal substances).

      • Bad (e.g., illicit drugs).

    • Commonly used substances and their societal implications.

Most publicized consensual crime

  • Psychoactive drugs: any substance that affects our behavior by changing our mood, emotions, perception, or other mental states

  • Drugs have been commonly used in the US for a long time

    • most commonly use = legal/good

    • “illicit” use = largely mostly weed

    • key “illicit" usage pattern = “experimental”/ “recreational”

Prevalence of Drug Use

  • Safest conclusion regarding substance use:

    • More than 50% of individuals use alcohol monthly.

    • Approximately 25% of individuals reported binge drinking in the last month.

    • Annual caffeine consumption amounts to approximately 10-15 pounds per person.

    • Around 15-20% of the population use tobacco or nicotine products.

    • Yearly, there are 5.8 billion prescriptions written; 17% of adults received at least one prescription, and 50% took at least one last month.

    • Around $70 billion spent on marijuana (MJ).

    • Annual expenditure of $150-200 billion on illicit drugs.

    • LGB(TQ) populations more likely to use

    • older but younger groups tend to use more drugs = caffeine, alcohol, nicotine, weed

    • Race/Ethnicity prevelance: multiracial/ natives (highest)→ white/black people → Hispanic → asians (lowest)

The Drug-Crime Connection

  • The key question posed: Do drugs cause crime?

    • Answer: very strong association of drug use and crime

    • Potential causes for crime related to drug use:

      • Physiological or psychological effects of drugs leading to criminal behavior.

      • Association with criminal peers due to drug use.

      • Criminal activities undertaken to support drug habits.

      • Drug turf wars between competing dealers.

    • The relationship between drug use and crime:

      • The association between drug use and crime may often be spurious, largely influenced by existing laws rather than a direct causal link.

      • for alcohol and meth yes, they do cause it

Defining White Collar Crime

  • Definition by Sutherland (1939):

    • "A crime committed by a person of respectability and high social status in the course of his occupation."

  • Key dispute: Should the definition of white-collar crime be limited to those of high social status?

  • Common characteristics of white-collar crimes include:

    • Committed by individuals in positions of authority and trust.

    • Often involve deceit or concealment.

    • May violate public trust and ethical considerations.

Key Types of White Collar Crime

  • Occupational Crimes:

    • Include acts such as:

      • Pilferage - theft, especially by an employee.

      • Embezzlement - misappropriation of funds.

      • Collective embezzlement - organized, collective financial theft within an organization.

      • Common healthcare fraud practices:

      • Churning - billing for unnecessary medical procedures.

      • Ping-ponging - unnecessary repeated tests.

      • Unbundling - breaking up services into separate bills to inflate costs.

      • Billing fraud - submitting false claims.

    • Corporate Crimes:

      • Involve illegal actions performed by large organizations, often for profit.

      • Acts include:

      • Price fixing - colluding to set prices.

      • Restraint of trade - actions to restrict competition.

      • False advertising - misleading or deceptive marketing practices.

      • Environmental crimes - violations impacting natural resources.

Organizational Crime

  • Differentiation between blue-collar crimes committed by small businesses versus larger corporate crimes:

    • Corporate crimes have a significantly greater impact.

  • Types of Organizational/Corporate Crime:

    • Financial Crimes:

      • Consist of fraud, accounting fraud, bribery, corruption, and price-fixing schemes.

    • Violent Crimes:

      • Cause physical harm, illness, or death through unsafe workplace conditions, unsafe products, or environmental hazards.

      • Examples of violent organizational crimes include incidents leading to workplace fatalities or major environmental disasters.

Comparison: Street Crime vs. White Collar Crime

  • Challenges in Study:

    • Street Crime:

    • Total financial cost: $16 billion annually.

    • Annual homicides: estimated between 15,000 and 20,000.

    • White Collar Crime:

    • Financial cost is estimated to be significantly higher;

      • Conservative estimates around $671 billion for all corporate crime.

      • Health care fraud alone: approximately $68 billion.

      • Corporate crime: approximately $588 billion.

Differences in Victim Experience

  • Street Crime:

    • Victims are often specific individuals or groups; victimization is concentrated and more visible.

    • High enforcement and legal support for victims.

  • White Collar Crime:

    • Diffused victimization affects larger populations but is less visible; associated with "quiet violence".

    • Often challenges in legal recourse; less visible harm leads to lower arrest and prosecution rates.

Law Enforcement and Prosecution

  • Street Crime Enforcement:

    • High arrest, prosecution, conviction rates, often resulting in severe punishment including long imprisonment or hefty fines.

  • White Collar Crime Enforcement:

    • Fewer arrests, lower prosecution rates, and less severe punishment typically including light fines or deferred prosecution agreements.

Summary of Economic Impact

  • Financial Loss Statistics:

    • Street Crime Financial Loss: $16 billion.

    • Employee Pilfering: estimated between $15-50 billion.

    • Health Care Fraud: ranges from $68-300 billion.

    • Auto Repair Fraud: $20 billion.

    • Price Fixing: estimated at $60 billion.

    • Corporate Crime: approximately $588 billion.

  • Mortality Rates Associated with Crimes:

    • Street Homicides: annual deaths ranging from 15,000-20,000.

    • Unnecessary surgeries resulting in estimated deaths of 12,000 to 16,000 per year.

    • Unsafe products resulting in large mortality numbers:

    • Asbestos deaths: around 15,000 annually in the U.S. (200,000 globally).

    • Outdoor air pollution leading to deaths between 66,000-200,000 annually.

    • Corporate crime leading to approximately 30,000 deaths per year.

    • Workplace fatalities: around 95,000 per year.