LAW7304

Corporate and white collar crime ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
City First semester 2005 (On-campus)

Synopsis: This Unit examines the criminal liability of corporations and what is broadly described as 'white collar crime'; that is, crime which is committed in a commercial context. The Unit will begin with criminological perspectives on the nature of white collar crime. The place of criminal liability in the overall scheme of commercial regulation will be examined, including discussion of the rationales behind imposing liability on the corporation, and whether that liability should be civil or criminal. The Unit will then examine the difficulties of investigating white collar and corporate crime which is generally investigated by specialist agencies such as ASIC and the ACCC.

Objectives: Upon completion of this Unit students should have an understanding of: 1) the nature of corporate and white collar crime, the rationales behind them and their role in commercial regulation; 2) the regulatory environment in which criminal liability is imposed, including the role of specialist agencies, the nature of civil penalties and the procedural difficulties of prosecuting artificial entities; 3) statutory liability of individual corporate officers and relevant defences; 4) models of liability which apply to corporations and their interrelationship with individual liability; and 5) the sentencing of white collar offenders and sentencing options which are available in relation to corporate offenders.

Assessment: One 3750 word essay worth 50% and a final take-home examination (3750 words) worth 50%