Introduction Elements There are five elements needed to commit fraud: (1) a false statement containing material fact, (2) the defendant possesses the knowledge that the statement is untrue, (3) the false statement’s intent is to deceive the intended victim, (4) the intended victim justifiably relies on the statement, and (5) the ending result is financial injuries to the intended victim. All false statements do not constitute for fraud; they need to contain a material fact. The materiality of the statement induces the intended victim to agree to something with the defendant. Statements of belief (puffing) are not considered fraudulent since there is no legitimate statement of fact. For example, Joe goes to buy a car and the dealer …show more content…
Fraud knowledge benefits stakeholders in multiple ways. By understanding how financial statement fraud occurs, stakeholders can recognize red flags in financial statements. Outside accounting, fraud knowledge enables stakeholders to be productive members of a corporate governance. Corporate governances work as principal catalysts for stakeholders to raise corporate awareness and expectations regarding appropriate behavior and practices. Stakeholders use their fraud knowledge to contribute to the company’s Code of Conduct and Code of Ethics for management and employees as well as participate in risk mitigation efforts. Stakeholders can also participate in boards that create programs that focus on the prevention, detection, and deterrence of criminal and fraudulent acts. The goal of the programs is to ensure that everyone is making ethical decisions and reporting policies that are not followed. Maintaining corporate ethics is critical to company success (Managing the Business Risk of Fraud: A Practical Guide n.d.) Theories of Crime Causations There are three documented theories of crime causations: (1) the strain theory, (2) the control theory, and (3) the social learning theory. However, there are also biological causation of crimes which are further broken down into psychological, economic, and political theories. Understanding the sociological causes of why someone commits fraud helps fraud investigators and
First, psychological theory suggests that a person’s environment and past can influence their ability and desire to commit crime while biological theory suggest a person’s DNA makeup could influence their ability to commit crime. “Biological theories within the field of criminology attempt to explain behaviors contrary to societal expectations through examination of
What causes people to commit crime? This million dollar questions has place many criminologists and researchers searching for answers. In the past decades, people have tried to explain crime by referring to the earliest literature of criminal’s atavistic features to human biology. Recent studies have shows that crime is described in the social environment. While, no one theory can prove the causes of crime, strain theory has gain support in academic research for its five mode of adaptation.
An abundance of research has been conducted on how Robert Agnew’s strain theory can help better understand why crime is committed. However, limitations to this to theory have come to the surface. Some suggest that
2 Managing fraud risk: The audit committee perspective Fraud in a fi nancial statement audit
Sociological theories of crime contain a great deal of useful information in the understanding of criminal behavior. Sociological theories are very useful in the study of criminal behavior because unlike psychological and biological theories they are mostly macro level theories which attempt to explain rates of crime for a group or an area rather than explaining why an individual committed a crime. (Kubrin, 2012). There is however some micro level sociological theories of crime that attempts to explain the individual’s motivation for criminal behavior (Kubrin, 2012). Of the contemporary
Each of these theories had led to many new theories used today, such as the Rational Choice theory, Biosocial and Psychological Theory, Critical Theory, Cultural Deviance Theory, Life Course Theory, and many more. The one thing in common with every theory is that they all explain at least one behavioral factor that leads to crime. Today, all these theories, and more, are researched and taken into account when trying to understand why a criminal does what they do.
The second theory I would like to discuss is the Strain theory. The strain theory basically states that crime breeds in the gap, imbalance, or disjunction between culturally induced aspirations for economic success and structurally distributed possibilities of achievement. The theory assumes fairly uniform economic success aspirations across social class and the theory attempts to explain why crime is concentrated among the lower classes that have the least legitimate opportunities for achievement. It is the combination of the cultural emphasis and the social structure which produces intense pressure for
Fraudulent, erroneous, and illegal acts committed by a public company, usually at a managerial or executive level, have been a very serious problem for many years and have prompted development of strict and updated regulations, such as the Sarbanes-Oxley Act, in an attempt to prevent these occurrences. Unfortunately, these new or updated regulations are not enough to prevent these acts from happening, thus not alleviating the auditors of their responsibility to detect fraud. Some methods that management and auditors can employ to prevent and detect fraud, errors, and illegal acts are: improving knowledge, improving skills,
The search for causes of crime forms the basis of most criminological studies. There are numerous explanations for crime: psychological, evolutionary, genetical,
Three broad models of criminal behaviors are the following: psychological, sociological and biological models. Actually, it is difficult to completely separate them and it is generally accepted, that all of them play a role in the interpretation of behavior. Though psychological principles can be applied across all the three models, they all have some specific ones, which would help in implementing across different crime control policies.
This essay will outline how crime theories are able to assist in recognizing the causes of criminal activity, as well as demonstrating two criminological theories to two particular crimes. Overviews of trends, dimensions and victim/offenders characteristics of both crime groups will be specified. The two particular crimes that will be demonstrated throughout this essay are; Violent Crime (focusing on Assault) being linked with social learning theory and White Collar crime (focusing on terrorism) being linked to General Strain theory. In criminology, determining the motive of why people commit crimes is crucial. Over the years, many theories have been developed and they continue to be studied as criminologists pursue the best answers in eventually diminishing certain types of crime including assaults and terrorism, which will be focused on.
The causes of crime seem to be indefinite and ever changing. In the 19th century, slum poverty was blamed; in the 20th century, a childhood without love was blamed (Adams 152). In the era going into the new millennium, most experts and theorists have given up all hope in trying to pinpoint one single aspect that causes crime. Many experts believe some people are natural born criminals who are born with criminal mindsets, and this is unchangeable. However, criminals are not a product of heredity. They are a product of their environment and how they react to it. This may seem like a bogus assumption, but is undoubtedly true.
Figuring out why people commit crimes is one of the central concerns of criminology. Do most criminals act rationally after weighing the costs of crime? Is society ever to blame for an individual to commit a crime? Do mental diseases or even genetics factor into whether a person will live a life of crime. Over the years, many people have developed theories to try to answer these questions. In fact, the number of theories of why people commit crimes sometimes seems to equal the number of criminologists. I explore these questions and much more in the paper that follow.
What makes a criminal a criminal? Can anyone become a criminal? Answering and understanding these questions is the core work of criminologists as most criminologists attempt to make sense of why people do certain things (Garland, Sparks 2000). This essay will consider the notion that any person could become a criminal and in so doing consider the initial question. This essay will outline a range of theories that attempt to describe human behavior in relation to criminal behavior given the complexities of behaviour. Several theories will be considered as no single theory of behavior can account fully for the complexities and range in criminal behaviour. The theories range from social-control, to classical, to biological, to personality
Biological theory states that the individual will have certain traits will be transmitted from parent to children through genetics and not from social learning. Along with the juvenile having similar facial characteristics, which some believe also predisposes them to criminal behavior (Palmerin, 2012).