Contemporary Issues in Criminology and Equity & Trusts Law

This report discusses the contemporary issues in criminology and the criminal law system in the UK. It also explores the differences between white collar crimes and street crimes, citing specific examples to illustrate the argument. The report also covers the subject of Equity & Trusts Law. Desklib offers access to solved assignments, essays, and dissertations on these topics.

MOD000030 Equity &
Trusts Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
TASK 2...........................................................................................................................................4
Are white collar crimes more serious and damaging than street crime? Outline and explain the
differences between the two types of crime and cite specific examples to illustrate and
evidence your argument. ......................................................................................................4
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Crime is defines as an act or omission which constitutes crime and punishable under law.
The UK common law provides rules and regulation to govern the society. The criminal law of
the United Kingdom is very complex and enforcement is done to provide security and safety of
life. The criminal law system ensures justice to the victim and provides mechanism to enforces
these rules. Crime requires an act with guilty mind to commit an offence. Criminal law
administered the social behaviour that may arise situation from street corners to domestic
quarrels. With the development of new technology, professional community and societal
changes, the number of crimes are also increased. The criminal law system is based on various
theories that attempts to defines crimes and their causes. These legal system is required to
maintain social integrity and peace in the society. This report will explain the contemporary
issues in criminology and other issues that ensure criminal justice in the society.
TASK 1
The act which is ruthless enough to effect the society in whole or anguish the life of a
individual is a crime (Ambos, 2021). It is a voluntary act which is heinous that cause
psychological trauma which gives a period of grief, including the damaged to the property of an
person, physical ambush which cause harm to an individual. The penalties and the punishments
for the crime or offences arises formulated in the Criminal Law of United Kingdom, which
protects the society as whole , the mechanism of the principles of the criminal law,defines the
aim which is to get the victim embodiment justice , take down the offender in the court of law for
the punishment an individual deserves, providing with the fair and just trial to the victim and the
guilty minds will be convicted. Proving beyond a reasonable doubt is an principle on which the
criminal law works,from proceeding to sentencing of the offender, this report of mine will
contain with the true nature and definition of the crime, the gaps of studies of the crime, the
stories of my own life experiences with the crime, the way my fellow mates reacted to my life
experiences of the crimes,the study tools and references of the criminology, the challenged I
faced in the entire session , the references or sources I looked very useful for my season of study.
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Crippling mistreatment is against the law, when the person who is affected by it feel the
hurt or the loss suffered, the criminal law of England and Wales looks out for the society at
large.
Which does not mean it ignored an particular individual just notwithstanding with the private
rights of an particular person, the justice and truth must prevail is the head of the court of law
area , the punishments which are prescribed are to be taken on record accordingly so that no man
should walk out freely if have done a harmful act or damaged anyone property or life. Offences
under the criminal law is of various types ,the list of violences occurs is namely as, sexual
offences ,murder, manslaughter, culpable homicide,non-sexual offences,fraud,defamation,
domestic violence , the cyber crimes which results into someone's death, tampering with thee
evidence or hostile the witness is also considered as the criminal offence. An criminal malice or
felony depends on the three elements of the law related to the crime , firstly the actus reus,
meaning the guilty act of the persecution of the offence , Secondly, mens rea,which the guilty
mind of the offender who have built the tyranny inside and set up the torment and Thirdly, the
novus actus interviniens, it means an intervening in the middle of an act which is differing the
matter between the defendant and the plaintiff , and putting the court in the question of confusion
(Grossio, 2022). Withholding presence of all the three elements of the crime, the justice system
of will consider the the person guilty and punish with offender accordingly, the court takes the
time to understand the facts of the case , by putting the facts together with the principles of the
law and regulating which are the doctrines which deems to be fit in regard with the case , but the
court gives a chance to every wrongdoer , to explain himself , every person have right to
defence , a right to have an attorney , cannot be charged for a jeopardy twice(double jeopardy),
every person is considered to be innocent until proven guilty , the statements of the world
renowned jurists, like Jeremy Bentham says it all , that there are right to the evil-doer, yes that
person wholly is a threat to the society but his right and freedom to defend himself in a fair trial
cannot be waived off (Bokovnya, Khisamova and Begishev, 2019). In my opinion crime
happens to anybody is the one who is suffering , where it is a huge barrel of crime or the level of
crime is remote , even the trifling of an incident occurs can change the life of an individual, the
shallow mentality of a criminal or the offender who have diminished the victim through and
through, feel difference of opinion sometimes, he plead guilty to misdeed , sometimes the felon
who have committed the felony pleads guilty which the work of house of lords less complicated,
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the nature of crime is when there is an act which results in the violation of with rules made by
the government the fight between the organized crimes, the staple of how well we can as a
citizen or an authority to make the world a better place or with in the meaning with the context a
world which can be raised crime free ,who is ought to be held responsible for it , just the criminal
or the higher well structured government theory we live in , the commanding authorities , the
police , did they worked in a precise manner, that could prevent latter crime which occurred.
The acts which I came across during my session of criminology studies, are the theft act, 1978,
the sexual offences act 2003 and for the grievous bodily harm which is governed under the the
offences against the person act , 1861 from safeguarding from the stalking likewise crimes
which is prescribed under the protection of harassment act, 1997,for undermining the deceive
stated under the fraud act 2006 . in the well informed words by the Lord Viscount Simonds,
where he says, that in the sphere of the criminal law the judges now cannot create any new
offence for the wrongdoer to commit,it is on the limited capacity of the apex court and the
principles of the supreme law to preserve the morality , safety , rights , regulations on the state
keeping the welfare of the state in the mind (Ramos, 2021).
Further in the same case of Shaw v DD, Lord Reid commented in against for the above
statement, he says that he agrees with the fact that the court cannot create any more offence for
the people , in respect with the public opinion the parliament has a right get into middle of it , but
the begs to differ that where the parliament declined to walk within , it not the duty of the court
to jump off the cliff for them.
Similarly,in the case of C v DPP, Lord Lowry, reviewed the postulates of the judges which they
have contemplated before they adjoined with the judicial activism, these principles came across
meaningful to me, Agarwal, P., 2020which are as follows : It is not to rush for giving out own
remedies . The where the solution seems to be questionable. It should be bashful in their actions,
where the parliament had already made it clear by declining themselves , or made a legislation
over the particular area with the presented case. It should not easily withdraw the cardinal legal
doctrines. It should hold up in my that the issues which are related to the social policy , will be
established by the legislature. It should not put together rash solutions unless the results occurs
finally.
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TASK 2
Are white collar crimes more serious and damaging than street crime? Outline and explain the
differences between the two types of crime and cite specific examples to illustrate and
evidence your argument.
Criminology defines various kinds of crimes including violent crime, property crime, white
collar crime and many more. It is not necessary that the crime should always be in the form of
violence, Nowadays, the crime level is so high that the person can easily commit the crime in
any field and that's why also the new laws are framing day by day to protect all the sectors in the
market. In earlier days the crimes were committed against an individual and it's done in some
particular place like on the street, Therefore we got the image of the criminal's were poor,
frustrated, But now the people who were in some repudiated firms , offices, who runs business,
who were Government Professionals they were also committing crime, such type of crimes are
known as “ The White Collar Crime”. There are many different types of crimes but all the
crimes were coming under the 2 broad categories of crime namely;
Street crime ,Whenever the term crime heard by the people they thought of some street crime
because, mostly these street crimes were committed. The Street crimes are of many types some
are violent and some are non-violent. As, the person injured the other person bodily by Assault,
battery, sexual assault, domestic violence etc. (Grossio, L., 2022). Therefore, it is the crime
against the person and the person also committed crime like Robbery, theft, vandalism etc. This
is the crime against the property. Apart from these two categories of the Street crime the person
also committed the crime by selling , using , manufacturing the Drugs, such kind of crime are
more popular these days in the street crime.
White collar crime,as the word suggest itself that the crime which is not committed on the
street but, it is committed by businessman, Government Professionals for financial gaining. In
the White Collar Crime also there are many categories of crime like Fraud, Cheating, Gambling,
Forgery, internet scams, tax evasion these all are under the category of the White Collar crimes.
White collar crime is also subdivided into 2 categories i.e. “individual crimes” and “corporate
crimes. Crime is an act done against any law. White collar crime is most commonly used crime
which threat and enhanced the crime rates. White collar crime are more serious crime than street
crimes. It is related to monetary loss where money is involved which has significant impact on
economy (Shestak, 2021). Street crime or violent crime includes robbery, assault, arson, rape etc.
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It is generally committed against property and person. Whereas white collar crime usually
involves loss to the corporations and employees (Weatherburn and Mellon, 2019). In 1980,
Madoff sold all his property due to defrauded activities of his investors and suffers huge loss ,
later , committed suicide, this is an example of serious white collar crime. With regards to white
collar crimes, it is less serious served minimum security provisions. White collar crime is
generally related to finance fraud and corporate loss happens in company. It is generally
committed by professionals and educated person (Schomburg and Oehmichen, 2021). Whereas
street crime is generally committed by poor people who does not have source of money or their
conduct is misappropriate. White collar crime is serious issue in a society caused physical and
emotional damages to the victims. White collar crimes aims to focus on strategies and regulation
that are necessary to identify the issue related to white collar crimes . It is a biggest challenge to
identify the behaviours and objective of the offenders in committing such crimes. In legal terms,
white collar crimes is defines as any fraud committed by a wealthy person to get advantage of
money from such crimes . The offenders are prosecuted under criminal law and conviction is
made according to the involvement of such crimes and loss suffered by the other person. On the
other hand, street crimes denoting the criminal activity that represents criminal behaviour of an
individual (Weatherburn and Mello, 2019). It shows underclass behaviours and class of poverty
that are indulge in these kinds of crimes. Example of street crimes are : There was a woman lived
in a public housing had troubled due to local gangs recruit her. Later, his older brother tries to
protect him. Then his mother called the neighbour polices to keep eye on the younger person
from school to playground.
White collar crimes are crime committed by a person during the course of their occupation
who holds a social status and esteemed reputation in the society. They are conducted by
governments or private industries or companies for financial gain. It is the name given to non-
violent acts that are nonetheless very much dangerous for their reputation in society which range
from fraud to bribery to embezzlement. Such kind of crimes although are non-violent but affects
and hinders a person social status so badly that it leads to his downfall with fall in his business
with a bad market reputation. Examples of white-collar crime mainly include fraud which results
into huge loss of money which can an individual or company's market reputation to such a
position which is so low that it is very difficult or impossible to recover from it and such frauds
are securities fraud,corporate fraud and also money laundering. The investigation and
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prosecution of white-collar crimes is manged by three authorities which are the Serious Fraud
Office (SFO), the Financial Conduct Authority (FCA) and the Office of Fair Trading (OFT). The
punishment for such high level of criminal responsibility is beared by the imprisonment ie.
Prison sentence from five to eight years and those who has done the lowest level of such crime
bears the criminal responsibility with imprisonment from eighteen months to four years of prison
sentence.
Street crime is a criminal activity which is violent that occurs mostly inlower classes of society
and typically in public place which harms the body and property of an individual. According to
the report of Bureau of Justice (BJS), thses crimes include crimes such as homicide, rape,
assault, arson and robbery. These crimes also include property crime such as breaking and
entering, burglary, larcery and motor vehicle theft. The cause of such street crimes are mix of
individual factors which include personal negativity, like fear and mistrust among the individuals
and external factors including poverty and lack of support from the society. The most common
street crimes are sexual offences and use of violence in the society. The least common crime is
robbery including mugging (Duff, 2020). The punishments for such kind of crime are prison
sentence, suspended sentence, community service order, compensation order, conditional
discharge, fine, driving ban and points on driving licence.
The major difference between white collar crime and street crime is that White Collar Crime
is a “non-violent” crime committed by the governments or private industries or companies for
the aim of financial gain whereas Street Collar Crimes are “violent” crime that is conducted in
public place leading towards bodily and property damage.
In contrast to White-Collar Crimes, Street Crimes are ordinarily committed in public spaces
which may include social violence and holding crimes such as homicide, arson, assault, rape,
burglary, larceny, etc. These are usually target oriented and rarely go on harming society as a
whole. Here corporate or white collar crimes cause more damage on society than various street
crimes as they are committed by people of influential standing against whom the serious actions
are less likely to be taken. White collar crimes are even not victimless crimes as even a single
scam can be cause destruction of whole company and sometimes taints the standing of entire
industry. Being committed by upper class people, they are seldom exposed to punitive measures
as they are looked upon more favourably by criminal judicial system having more force and
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prosperity whereas the offenders in street crimes are usually individuals who can hardly earn
their livelihood and thus resort to crimes for living.
Illustrating this point a report of the National Criminal Justice Reference Service counts that
precise expenditure of White-collar is from $426 billion to $1.7 trillion annually which is 10 to
35 grades higher than that of street crimes (Pereira, 2020). In the contemporary world, Crimes
like Ponzi schemes, Embezzlement, Insider trading and Money Laundering are eroding the roots
of healthy businesses.
The white collar crime covers all the crimes defines under:
 Fraud Act, 2006, it includes three main offences related to misrepresentation, fraud by
disclosing information , abuse of position. It defines all the acts where person has
dishonest intention to gain something by causing loss to another. It provides various
penalties and remedies to the parties.
 Theft Act, 1968, it includes false accounting and false statement made by the directors.
The Act provides penalties to the defendant and remedies to the victim.
The FCA (Financial Conduct Authority) regulates all the statutory activities in order to reduces
crime including fraud. Serious fraud office monitors all the activities against the bribery,
laundering and money laundering to increase the scrutiny of the taxes and also sanction banks
and other related institution to comply them with them with related provision.
CONCLUSION
From this above report, it has been concluded that various crimes are committed
against the person. Law aims to provides rule and regulation to govern the general public. It is
very challenging to take effective measures to control crimes in the society but law making body
tries to function and investigate all the provision for better administration criminal legal system.
A deep sense of strategies is required to cover every aspects of crimes to deter the society in
committing any offences. It is very difficult to understand the human behaviour and criminal
mindset but criminology helps to understand the crime and provides punishment to the wrong
doer. It is blended with economic and social development of economy, officials tries to provide
proper mechanism to assist criminologist to deal with the changes in the society to protect the
society from evil thinking. It required innovation in criminal legal system where offender is
given strict punishment for heinous offences.
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REFERENCES
Books and Journals
Ambos, K., 2021. Press, 2020, 504 pp, hb 110 Comparative criminal law is a daunting field.
Requiring expertise in two dif-ferent systems, the high barriers to entry make the
number of scholars working in this area relatively few. Given all this, the Anglo-
German Dialogue Project is perhaps the most ambitious and exciting endeavor in
comparative criminal law.
Bokovnya, A.Y., Khisamova, Z.I. and Begishev, I.R., 2019. Study of Russian and the UK
Legislations in Combating Digital Crimes. Helix, 9(5), pp.5458-5461.
Duff, R.A., 2020. Criminal law and the constitution of civil order. University of Toronto Law
Journal, 70(supplement 1), pp.4-26.
Farmer, L., 2022. The ‘market’in criminal law theory. The Modern Law Review, 85(2), pp.435-
460.
Grossio, L., 2022. Still Trust? Some Reflections Over the New EU-UK Arrest
Warrant. European Journal of Crime, Criminal Law and Criminal Justice, 30(1), pp.19-
40.
Janet, A., 2021. Dispute settlement and jurisdictional issues for law enforcement and judicial
cooperation in criminal matters under the EU–UK trade and cooperation
agreement. New Journal of European Criminal Law, 12(2), pp.290-297.
MacNeil, G., 2021. The Prohibition on Retroactive Criminal Law in International Criminal Law.
In Legality Matters (pp. 27-79). TMC Asser Press, The Hague.
Pereira, R., 2020. The development of environmental criminal law enforcement in the European
Union: Pereira, R., 2020from institutional fragmentation to European environmental
criminal justice governance?. In The Governance of Criminal Justice in the European
Union. Edward Elgar Publishing.
Ramos, V.C., 2021. 2021-Turning point for the EU and EU Criminal Law?. New Journal of
European Criminal Law, 12(4), pp.505-507.
SAYAPIN, S., 2021. International Criminal Law-The Elgar Companion to the Extraordinary
Chambers in the Courts of Cambodia by Nina HB JØRGENSEN. Cheltenham
UK/Northampton MA: Edward Elgar Publishing, 2018. xliv+ 432 pp. Hardcover:£
168.00/USD $155.00; eBook:£ 48.00. Asian Journal of International Law, 11(2),
pp.396-397.
Schomburg, W. and Oehmichen, A., 2021. Brexit: First observations on the EU–UK Trade and
Cooperation Agreement in criminal law. New Journal of European Criminal
Law, 12(2), pp.193-201.
Shestak, V., 2021, April. Novelty of the English Criminal Finance Law: A View From Russia.
In For citations: Shestak, VA (2021). Novelty of the english criminal finance law: a
view from Russia. New Economic Criminal Law. III Business Conference within the
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framework of the VIII Moscow Legal Forum «Social and Economic Development and
the Quality of the Legal Environment»(9 April 2021). Mosc.
Weatherburn, A. and Mellon, Y.E., 2019. Child trafficking victims and legal guardians:
Exploring the fulfilment of the EU trafficking directive in the context of the UK modern
Slavery Act 2015–Best practice or not fit for purpose?. New Journal of European
Criminal Law, 10(2), pp.107-127.
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