Posted: September 7th, 2022

Commentary (Money Laundry/Criminology)

Commentary (Cash Laundry/Criminology)
Vital Problem
The article, “The Challenges of White Collar Sentencing” by Ellen S. Podgor explores the conceptual approaches which are linked with sentencing white-collar offenders. As such, Podgor demonstrates that these white-collar offenders within the US have confronted punishment far above enacted in earlier years (Podgor, 2007). Although the sentencing pointers have some versatile outcomes based mostly on the latest Supreme Courtroom judgment, the philosophy of approved pointers nonetheless invades the construction (Podgor, 2007). Regardless of the method, numerous persons are fast to denounce the conduct of the offenders, however the repugnance with the crime all the time overlooks a commonality amongst these concerned (Cassidy & Gibbs, 2019). Podgor affords empirical proof to help the belief that present company white-collar offenders are usually individuals who have by no means been sentenced to any legal conduct, however they find yourself going through extremely long-term imprisonment (Podgor, 2007). As such, punishment imposed on first offenders for the financial disaster normally goes above violent road crimes, for instance, homicide.
Though the theoretical facets are based mostly on the sentencing of white-collar offenders, the discovering of the article demonstrates that there’s a want for the federal government to reevaluate this type of punishment (Galvin & Simpson, 2019). Primarily based on the approaches which are utilized within the research, the federal government of the USA has failed to acknowledge distinctive options which are linked with white-collar offenders, and this has hindered the federal system from figuring out the sociological roots of the crime (Podgor, 2007). The research additional demonstrates that crimes needs to be examines utilizing multidimensional approaches, which helps regulation enforcers to examines particular wrongs and repercussions to society (Podgor, 2007). On this case, regulation enforcers ought to study particular person culpability in relation to the crime dedicated, which is a method of enhancing transparency within the course of.
The contextual findings display that uniqueness in white-collar crime is a vital facet that regulation enforcers ought to give attention to. Primarily based on the sociological roots, there is no such thing as a diploma related to white-collar crimes as they aren’t predicated in line with the circumstances (Podgor, 2007). As such, the analysis research validates that normally, future dangerousness is a vital quantitative method that’s extremely ignored by the regulation courtroom (Podgor, 2007). Due to this fact, the sort of punishment imposed by the courtroom ought to give attention to controlling the longer term dangerousness linked with fraud and different irregular social habits (Cassidy & Gibbs, 2019). The method may very well be deployed in an effort to management society from dangers, which hinder financial and social efficiency, and this may be completed by eliminating an individual from taking part in company roles (Testa, 2019). By way of the method, the regulation enforcement companies can be ready to stability the crime and nature of punishment imposed, which helps in enhancing transparency in regulation software (Burns & Meitl, 2019).
Most often, judges use a mathematical equation based mostly on the sentence pointers to measure wrongfulness. Nonetheless, the appliance of the equation has triggered a rise in sentences of white-collar crimes, which has resulted in a rise in statutory punishment set for fraud offenses (Galvin & Simpson, 2019). As such, imprisonment is perceived because the norm for all those that commit against the law, which hinders the appliance of different management approaches (Podgor, 2007). Due to this fact, the conceptual method that guides the sentencing of white-collar offenses needs to be examined intimately. The mathematical method that’s deployed ought to take into account the deficiencies and particular person culpability (Testa, 2019). By way of the method, the guiding system can be ready to keep away from points related to correct recognition of the offender, the crime, and the essence of defending the neighborhood from future dangerousness.
Theoretical Software
Theoretically, all legal legal guidelines are floor within the punishment principle, and this influences the sort of actions that needs to be taken (Podgor, 2007). By way of the appliance of the overall principle of legal habits, it’s simpler for regulation enforcement companies to develop extra logical methods of coping with collar crime (Podgor, 2007). Primarily based on punishment principle, it’s essential to look at an individual’s motive to commit against the law, and this will decide the sort of sentence imposed (Testa, 2019). The method needs to be linked with the sentencing pointers, which Help in inspecting the components behind the motion, and this might Help regulation enforcement companies in figuring out the sort of motion to take.
Advice
The difficulty of sentencing collar white offense is a vital facet that needs to be examined intimately. Due to this fact, regulation enforcement companies must reevaluate the problem to make sure the rules set promotes transparency within the punishment. As a method of enhancing the method, sociological facets, corresponding to courses, have to be included within the institution of pointers, and this can make sure the sentencing system is honest sufficient to all events concerned. By way of this method, the federal government can be in a very good place to look at the wrongful act based mostly on the overall and particular facets linked to the crime (Testa, 2019). By way of this method, the federal government will handle to ascertain legal guidelines and sentences whose targets are to guard society from points corresponding to fraud.

References
Burns, R. G., & Meitl, M. B. (2019). Prosecution, protection, and sentencing of white‐collar crime. The Handbook of White‐Collar Crime, 279-296. https://www.researchgate.web/profile/Jasmine_Hebert/publication/346927843_Book_Chapter_Controlling_Corporate_Crimes_in_Times_of_De-regulation_and_Re-regulation/hyperlinks/5fd2569b299bf188d40af972/Ebook-Chapter-Controlling-Company-Crimes-in-Instances-of-De-regulation-and-Re-regulation.pdf#web page=305
Cassidy, M., & Gibbs, C. (2019). Inspecting sentencing patterns and outcomes for white-collar and property crime offenders. Victims & Offenders, 14(1), 75-95. https://www.tandfonline.com/doi/pdf/10.1080/15564886.2018.1547996?casa_token=-Zlc3f0IUCAAAAAA:stjuiZExHh370z5907Zug2IvCtE0OaG3U3hZiZSFcb1qsi5V-OVKlwOMAL3L8-AmUnHuxUVGuac4vzowSw
Galvin, M. A., & Simpson, S. S. (2019). Prosecuting and sentencing white‐collar crime in US Federal Courts. The Handbook of White‐Collar Crime, 381-397. https://www.researchgate.web/profile/Jasmine_Hebert/publication/346927843_Book_Chapter_Controlling_Corporate_Crimes_in_Times_of_De-regulation_and_Re-regulation/hyperlinks/5fd2569b299bf188d40af972/Ebook-Chapter-Controlling-Company-Crimes-in-Instances-of-De-regulation-and-Re-regulation.pdf#web page=407
Podgor, E. S. (2007). Problem of white collar sentencing, The. J. Crim. L. & Criminology, 97, 731. https://scholarlycommons.regulation.northwestern.edu/cgi/viewcontent.cgi?article=7268&context=jclc
Testa, A. (2019). Inspecting federal legal sentencing of white-collar and customary property offenders: The case of embezzlement and larceny. Prison Justice Coverage Overview, 30(5), 681-707. https://journals.sagepub.com/doi/pdf/10.1177/0887403417709313

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Tags: Commentary (Money Laundry/Criminology)