Book contents
- Myths and Misunderstandings in White-Collar Crime
- Myths and Misunderstandings in White-Collar Crime
- Copyright page
- Contents
- Acknowledgments
- Introduction
- 1 Too Much or Too Little?
- 2 Unknown Knowns
- 3 Flat Laws
- 4 Outsourcing
- 5 Gap Management
- 6 Broken Discourse
- 7 Breaking Down the Code
- 8 Consolidation and Grading
- Conclusion
- Index
6 - Broken Discourse
Published online by Cambridge University Press: 27 July 2023
- Myths and Misunderstandings in White-Collar Crime
- Myths and Misunderstandings in White-Collar Crime
- Copyright page
- Contents
- Acknowledgments
- Introduction
- 1 Too Much or Too Little?
- 2 Unknown Knowns
- 3 Flat Laws
- 4 Outsourcing
- 5 Gap Management
- 6 Broken Discourse
- 7 Breaking Down the Code
- 8 Consolidation and Grading
- Conclusion
- Index
Summary
Preceding chapters have identified the various pathologies in lawmaking and enforcement that hamper our understanding of white-collar crime and its enforcement institutions. The laws that purport to describe white-collar crime’s prohibitions are flat, overly broad, and underwritten (Chapters 3 and 4). Our enforcement institutions often get caught up in prototypes and convince themselves certain cases are nonviable. As a result, prosecutors rely heavily on so-called gap-minding policies; these programs shore up weaknesses in individual investigations here and there, but they fail to meaningfully narrow the gap between criminal law’s liability and viability thresholds. As a result, detection avoidance increases while the general public loses trust in its enforcement institutions (Chapter 5).
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- Myths and Misunderstandings in White-Collar Crime , pp. 134 - 158Publisher: Cambridge University PressPrint publication year: 2023