The Root Cause of Sentencing Disparity in Crime
Introduction
White collar crimes and the related sentencing have in the recent years been discussed frequently. The subject of white collar crimes sentencing in comparison to other crimes raises contradicting arguments. It is apparent that white crimes happen almost as often as other criminal offenses in the modern society. In fact, the white collar crime is considered to be among the most costly crimes as an industry characterized by billions of dollars (Van, Benson & Cullen, 2016). White collar crimes are on the rise as compared to other violent or street crimes since the sentencing and the penalties standards are lower (Van, Benson & Cullen, 2016). White collar crimes are accounted to be nonviolent and therefore they are treated distinctively as compared to other offenses which are characterized by violence. However, some white collar crimes appear to be more severe than street crimes based on the public’s perception. White collar crime sentencing and violent crime sentencing are different as white collar crime sentencing is more lenient due to the social acceptability while violent crime sentencing is more severely punished and carry greater social stigmas.
White collar crimes can be described as the crimes that are performed by individuals with a higher social identity or high-status formal occupation. This, therefore, refers to nonviolent crimes that are motivated by finances that are mainly committed by government professionals and business operators. In reference to criminology law, white collar offense a crime that is committed by an individual of respectability and high status socially in his or her occupation course. On the other hand, a violent crime can best be described as an offense where the offender utilizes or threatens force upon the victims. This involves offenses in which the violent act can best be categorized as objectives like murder and other crimes where violence is the mode to the end (Van, Benson & Cullen, 2016). The occurrence of a violent crime does not necessarily mean that weapons are used since it can occur without. Street crime is a public place the loose term in regard to any criminal offense. Streets crimes involve robbery or mugging and thefts against the victims that are conducted in the streets in that the properties are snatched but the victims are not subjected to any kind of assault.
Street crimes and white collar offenses are both categorized as planned or intentional and they are devised in a manner that they affect the victims in a negative way while benefiting the offenders. In general street crime appears to be grounded on more violence as compared to white collar offenses. Nevertheless, white collar offenses hold more devastating effects both financially and emotionally when compared to street offenses which have similar but less concentrated effects but is also a depiction of negative physical implications as well. The penalties that surround both street and white-collar offenses tend to be similar forms of punishments but the commitment and the time duration are highly versatile. In that, the most common penalties for conducting both white collar and street offenses are home detention, large fines, prosecution cost, community confinement, restitution, imprisonment and supervised releases. The punishment of long prison sentences for street crimes does not fit the crime since the damages caused are less and the stolen items are normally of lower value. On the other hand, lessened prison sentences for the white collar crimes do not fit the crime since the sentences tend to avoid the penalties that involve life sentences. Considering that the white collar offenses involve fraud of billions of money that affect the life of company’s and that of individuals the crime does not fit the crime. Violent crimes are highly penalized which leads to incarceration yet both white and violent offenses causes almost similar damages.
Social Influence
The criminal system of justice is obligated at offering protection both to the offenders and victims regardless of the socio-economic position. The sentencing of white and violent crimes presents a perception that the system prioritizes the superior race and those in high socio-economic positions. While comparing violent, street and white-collar offenses it is apparent that they all cause severe effects on the society and the involved individuals. Street and violent offenders appear to be from inferior socio-economic ranks in general as compared to white collar offenders (Swan, 1982). Unlike most of the unemployed violent and street offenders, white collar offenders are usually characterized with positive career identities. Violent and white collars crimes should be accounted in similar ways in regard to sentencing because they are all associated with detrimental impacts despite the fact that street or violent crimes instills fear on the victims and can lead to distressing deaths (Swan, 1982). On the other hand white collar offenses can also create deaths, however, in most instances, it results in emotional and financial undesirable effects. This, therefore, leads to the differences in the sentencing of both white and violent crimes based on the effects caused and how the offenses are committed.
The sentencing by the criminal justice has created the thought that the law is normally violated by the blacks thus categorizing the black race as a criminal one. This is normally depicted by the exercises by police officers and their way of enforcing the law by only targeting the inferior, powerless and low social and economic status people (Swan, 1982). This is usually the case since their offenses are obvious and can be accessed easily, assess and lead to fast prosecution and incarceration because they are represented by weak legal defenses. In most cases, imprisonment is the imposed sentence on the black criminals based on the desire of the state to subject control to the lower class people and utilize them in the prison sector that benefits the state. From the recent statistics, black offenders hold the first position in regard to comparing the number of persons that are imprisoned per race. The incarceration rate depicts that the minority groups who are usually from low social economic status are the highest in imprisonment. This, therefore, shows that the criminal system of a judge is characterized by the highest form of racial discrimination. The effectiveness of the justice system can only be achieved with the changing of the dominating social and political organizations policies that tends to be race based and cruel to the poor minority groups (Swan, 1982).
The sentencing of white collar offenses is however considered to be favoring the offenders rather than the victims since other offenses are heavily fined with prolonged sentences which result in huge societal effects (Swan, 1982). Families of the violent offenders are affected the most since they are denied the opportunity to relate with them with the long sentencing and huge penalties. White collar offenses are highly stigmatized in the society because they are considered to be prioritizing those from the high social position. This is because violent crimes are conducted by unemployed and low social positions persons which create the stigma as the society tends to believe that the justice system is usually in favor of the wealthy. White and violent crimes are all intentional because they are designed for a set of target victims. However, white collar offenses are planned and take much time to occur and this means that more victims as compared to the violent offenses are affected but the potential threat is grounded on emotional stability and financial struggles (Swan, 1982). On the other hand, street and violent crimes present emotional, physical, mental as well as financial threats which can end up threatening lives and causing injuries.
Despite the fact that white collar offenses are not perceived as violent in comparison to a murder offense they lead to major damages. In that, the affected persons or rather fraud victims are subjected to both physical and emotional damages which can be categorized as a severe crime (Van, Benson & Cullen, 2016). Theft or burglary as a violent crime leads to the loss of most items such as money that can be replaced in the short run, however, fraud leads to the loss of identity and individual’s livelihood which may not be regained. There are very few white collar offenders who have been subjected to life sentence for stealing billions of dollars thus affecting the economy and the society in general. In this context, it can be said that white collar crimes sentencing is more lenient on punishments while other crimes are fast in punishing, fining and incarcerating offenders (Van, Benson & Cullen, 2016).
Punishment, Fines, and Incarnation Rates
Offense Level Calculation
The determination of a crime as either felony, misdemeanors or severe offenses in the state are determined by the damage caused, time, place, the means involved in offending and whether it is violent of a nonaggressive offense (Van, Benson & Cullen, 2016). Violent crimes are usually categorized as a felony because they assert safety concerns, financial constraints as well as emotional risks. On the other hand, white collar offenses are just crimes because they are based on both financial and sensational concerns without safety issues. Both crimes are aimed at harming the wellness of the victims while protecting that of the offenders. The levels of crimes are established by assessing the effects as well as the acquired means in committing the offenses.
Criminal history effects sentencing
Judges and not juries are involved in the determination of a crime’s punishments since the jury’s makes recommendations. Most of the crimes are counted in statutes and the provisions that establish specific crimes leads to the identification of proper punishments. With the provision of the possible punishments ranges the judge will then make considerations or either opting for provoking or mitigating adoption in determining the category of the punishments. The factors that are normally considered are whether the offender holds any criminal history, if he was the primary offender, whether the offense was committed under increased individual’s stress, whether it was violent and resulted in the hurting of anyone and whether the offender was cruel or destructive to the specified victim. This, therefore, implies that if the offender has a history of crime the sentencing is aggravated based on the fact that they are used to breaking the state’s laws (Van, 2011).
Social Acceptance and Social Norms
It is apparent that the individual’s perception of white collar offenses has shifted in the society today. From the conducted survey by Antwerp, (2011), the general public recognizes white collar crimes to be equally offensive similarly to street crimes and other considers them to be more serious since they tend to affect more people. The public perception transformation may have been accomplished by the recent concentration of the media in uncovering public figures frauds incidences. The public holds that the offenses are similar since they lead to financial loss, emotional trauma, and may result in death. The fact that the offenders of white crimes do not utilize force does not justify they actions since they acquire more from the victims as compared to the strict offenses and may lead to more effects to the affected persons in recovering their livelihood and status (Van, 2011).
White collar criminals are treated in a more fairly manner in the 21st century as compared to street level offenders. Social positions play a significant function in influencing sentencing inequalities. In that, considering the recent government and corporate fraud scandals, the offenders are subjected to high penalties and low sentencing with avoidance of life sentences as compared to the violent offenders (Slyke & Bales, 2012). It is indicated that despite the operation of the justice system under designed guidelines that are aimed at lowering disparities, it is apparent that white collar criminals are given even fairer sentences although the decision varies based on the kind of crime under the particular category. The sentencing seems to be considerate of the socio-economic positions and the value of the offense (Rackmill, 1992). The victims of white crimes are usually the society and the corporate while the offender’s wellness is protected. The white offenders are highly aware of their actions as unethical and they ensure that the victims are induced which allows them to commit the crimes voluntarily and act that is realized after the damages have been caused. This is usually the efforts that are painted by the offenders to ensure that their offenses do not lead to categorizing them as criminals. It appears that the sentencing of the cases has resulted in the inconsistency of the general public perception (Slyke & Bales, 2012).
Criminal behaviors are against the American social norms since the behaviors are a major violation of the state’s law that can be considered as deviated (Shapiro, 1990). The occurrence of crime is therefore considered to be against the accepted standards in the society and therefore the public views both street and white offenses as equals since they violate the standards and laws that govern morals in the society. In reference to white collar offenses, the sentences are more based on formalizing the crime rather than the criminals. In that, the sentence is done on the basis of considering the crimes as a formal occurrence that should not be categorized as major offenses. The offenders based on their formal occupations ensures that their offenses are also formalized. This is unethical in regard to social norms since no crime is formally based on the fact that they lead to damages (Shapiro, 1990).
Conclusion
The disparity amid street and white-collar crimes punishments is apparent. White collar crime sentencing and violent crime sentencing are different as white collar crime sentencing is more lenient due to the social acceptability while violent crime sentencing is more severely punished and carry greater social stigmas. Violent crimes are characterized by heavy penalties that are normally characterized by life sentences while white crimes are fairly judged by considering them as formal. This raises a public view that the justice system views the blacks as the primary victims based on their socio-economic status and inability to afford well equipped legal defenses. The public considers white crimes as equals of street crimes a concern that should be addressed by changing the oppressive and racial justice policies.
References
Rackmill, S J. (1992). Federal Probation. Volume: 56 Issue: 2. Pp: 26-33. Pdf
Shanna V. Slyke, William D. Bales. (2012). Punishment & Society. Pp. 217-246. Vol 14. Issue 2.
Shapiro, Susan P. (1990). “Collaring the Crime, Not the Criminal: Reconsidering the Concept of White-Collar Crime.” American Sociological Review, vol. 55, no. 3,, pp. 346–365. www.jstor.org/stable/2095761.
Swan, L. A. (1982). Incarceration Rates - Blacker than White. NCJ O86405. United States, 1982. Print. Pdf
Van, A. V. (2011). Streets versus suites: Public perceptions about the seriousness of white-collar crime.
Van, S. S., Benson, M. L., & Cullen, F. T. (2016). The Oxford handbook of white-collar crime.
