
Contents
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Introduction Introduction
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A culture of non-compliance and non-enforcement A culture of non-compliance and non-enforcement
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Conventional criminal law machinery Conventional criminal law machinery
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Specialised corporate enforcement machinery Specialised corporate enforcement machinery
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Conclusion Conclusion
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4 Policing, prosecution and punishment
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Published:August 2015
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Abstract
Chapter 4 explored how the use of conventional crime methods and political and social apathy on corporate wrongdoing impacted on the enforcement of the traditional framework. It is contended that the system could not cope effectively with the detection, investigation and prosecution of corporate crime in practice. The policing and prosecution of corporate crime was mostly monopolised by the agencies that policed ‘street crime’ Therefore, these agencies lacked the necessary experience to address victimless and invisible forms of crime perpetrated by wealthy, educated, middle class offenders. Though assisted by some specialised agencies, none of these agencies had corporate enforcement as their core responsibility. In general, enforcers were often unaware that the law had been breached; did not treat cases with any urgency; lacked the necessary resources, education and expertise to competently deal with sophisticated corporate wrongdoing after they were reported or discovered; and felt hamstrung by outdated laws and by a criminal procedure framework which favoured the accused. This context may be understood as a reflection of the lack of political and social support for tackling corporate wrongdoing and in terms of the light-touch model of regulatory enforcement which Ireland was advancing to attract investment.
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