Criminology Assignment Institutions Name Students Name Date

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 6

Criminology Assignment

Institutions Name

Students Name

Date
The phrase "white collar crime" Edwin Sutherland utilized it for the first time in 1939

and referred to it as "a crime perpetrated by a person of high social rank in the course of his

work." The term "white collar crime" has changed throughout time to refer to a broad spectrum

of non-violent crimes carried out for financial benefit. White-collar crimes are defined as

offenses that entail some kind of fraud, manipulation, or breach of trust, albeit there is no official

list of these charges (Sutherland, 1983). Typical instances include embezzlement, securities

fraud, insurance fraud, laundering, and bribery.

Some people may be discouraged from committing white-collar crimes by harsher

penalties for those who do them. Some contend that it is unjust to single out particular categories

of individuals for harsher penalties when general crime rates are declining. People may think

twice before participating in criminal activity because of fear of getting found and receiving a

harsh punishment. There is a broad understanding that negligent crimes are less severe than

consciously committed crimes. This is so because someone acting irresponsibly usually does so

without meaning to damage others or infringe on the law. There are, however, several exceptions

to this general norm, and the judge or jury will finally determine the seriousness of the offense.

In general, crimes done accidentally are seen as less severe than crimes deliberately committed.

There are a few exceptions to this rule, though, and the judge or jury will ultimately decide how

serious the offense was. For instance, manslaughter charges may be brought against someone

who leaves a small child alone in a hot automobile and that person's child dies as a result.

White-collar crimes can have catastrophic impacts on their victims even though they are

frequently committed by law-abiding individuals. These crimes frequently cause both

organizations and people to suffer large financial losses. They may also harm reputations and

weaken public trust in organizations. Given the gravity of the white-collar crime, one may
anticipate that those found guilty would be subjected to severe punishments. Research, however,

indicates that there may be a large gap in the penalties given to white-collar criminals compared

to those found guilty of other crimes.

Even though the average sentence for federal drug charges climbed by approximately

500% between 1980 and 2016, according to a report published in The Sentencing Project, the

average sentence for federal white-collar crimes was reduced by 3%. The typical jail term for

white-collar offenders was slightly over two years, but the median sentence for all other sorts of

offenses was over four years, according to a 2017 study from the U.S. Sentencing Commission.

This sentence difference is a result of a variety of circumstances. One is that even though

white-collar crimes can have significant repercussions on individuals who are victims of them,

they are frequently perceived as being victimless. Another is that defendants in white-collar trials

frequently have more resources and education than those found guilty of other sorts of crimes,

which may reduce the likelihood that they will be given punitive penalties (Richman, 2013).

White-collar crime rates have stayed largely stable over the past few decades, but public attitudes

toward these crimes have undergone a significant shift. There has been a change in the media's

portrayal of white-collar crime in particular.

Some people may be discouraged from committing these crimes if white-collar offenders

face harsher penalties. People may think twice before participating in criminal activity because

of fear of getting found and receiving a harsh punishment. This could result in fewer white-collar

workers overall. There is also the claim that it is only fair to impose tougher penalties on white-

collar and green-collar criminals. These criminals frequently act for selfish gain, and the

consequences of their deeds can be felt across society. As an illustration, Enron executives'

fraudulent actions damaged their workers' retirement funds, and the company's demise resulted
in the loss of thousands of jobs. Another illustration is the subprime mortgage crisis of 2008,

which was largely brought on by the dishonest behavior of brokers and lenders. Millions of

individuals worldwide were impacted by the ensuing economic downturn.

Previously, the news media mainly disregarded these infractions, but today both local and

national publications often report them. The public is now more aware of white-collar crime and

its possible repercussions as a result of this enhanced coverage. Prosecutors have also become

more zealous in their pursuit of white-collar crimes throughout this time. More people have now

been accused of these crimes and found guilty as a result of this (Johnson & Mullis, 1990).

Sentence disparities have been greatly impacted by the growing media attention and pursuit of

white-collar crime. There have been some high-profile instances in recent years where the

defendants were given protracted prison terms for their offenses.

As an illustration, Bernard Madoff, the brains behind the biggest Ponzi scam in history,

received a 150-year jail term. Similarly to this, former Enron CEO Jeffrey Skilling received a 24-

year prison term for his part in the organization's significant accounting fraud. These instances

show that, even though compared to other crimes, white-collar criminals may still get the little

penalty, found guilty of other felonies, the tide is starting to change (Dooley Sr et al., 2009). We

are likely to see more offenders suffer harsher punishments for their crimes as prosecutor zeal

grows along with public awareness of the white-collar crime.

Additionally, the Eleventh Circuit Court of Appeals regarded whether a defendant who

had been found guilty of mail fraud and conspiracy to commit mail fraud should be given a

sentence that was significantly larger than the statutory maximum for those offenses in United

States v. Blacke, 994 F.2d 1395 (11th Cir. 1993). The court determined that the defendant's

actions were "especially heinous" and caused his victims to suffer "substantial financial
damages." The court determined that it was proper to sentence the defendant to a jail term that

was longer than the statutory maximum as a result.


Reference

Dooley Sr, D. V., & Radke, M. (2009). Does severe punishment deter financial

crimes. Charleston L. Rev., 4, 619.

Johnson, A. S., & Mullis, S. C. (1990). Constitutional Law-Civil. Mercer L. Rev., 42, 1313.

Richman, D. (2013). Federal white-collar sentencing in the United States: A work in

progress. Law & Contemp. Probs., 76, 53.

Sutherland, E. H. (1983). White collar crime: The uncut version. Yale University Press.

You might also like