Need or Greed? An Analysis of White Collar Crime in the Sri Lankan Context

Abstract

White Collar Crimes are a significant type of criminal behaviour which renders the traditional notions of criminal justice inadequate to define the causes of this crime. This paper seeks to analyse the areas in which the crime causation theories have failed to provide with an adequate explanation to address the root causes of white collar crimes. The main objectives of the criminal justice system are not limited to traditional notions of victim-offender justice. The contemporary development of criminal justice has refocused on repairing the harm done to the society at large. Hence in order to meet the laudable objectives of the criminal justice system it is essential to develop a theory of crime causation which enables development of legal and social policies to supplement the system. White collar crimes are a distinctive type of crimes that do not involve any physical harm or injury to an individual, the victim suffers an economic loss which would sometimes be more adverse in the impact. At the same time these types of offences damage the economic fabric of the society and might hamper the development process. Hence in a country like Sri Lanka which has economic development at the forefront of its agenda, the impact of these crimes is destructive and destabilising. This paper seeks to analyse the judicial attitude of the Sri Lankan courts in terms of white collar crimes and how the judiciary has interpreted the crime causation in respect of white collar crimes, or the inadequacy thereof any attempt by the judiciary to develop a body of jurisprudence in this regard. Since judiciary is one of the main actors which is involved integrally with the criminal justice system. The research methodology intended to be adopted is one based on secondary data collection, involving an analysis of the theories of crime causation as propounded by various authors in criminology. In order to analyse the Sri Lankan system statues and judicial decisions would be referred to, especially in respect of assessing the jurisprudence developed by the judicial decisions or the lack thereof.