Sympathy for the Devil: An Exploration of Federal Judicial Discretion in the Processing of White-Collar Offenders

Abstract

Since the late 1990s, the United States has experienced a series of major corporate malfeasance events leading to the collapse of corporations such as Worldcom and Enron, predatory lending practices which devastated the nation's real estate market and the Bernie Madoff scandal serving as prime examples. While the leading culprits in such well-publicized cases have met stiff sanctions, the common notion is that white-collar offenders are treated more leniently than street offenders by the criminal justice system. Given the scope and severity of victimization attributable to the contemporary white collar crime epidemic, the matter of sanctioning fairness and severity is of timely importance. This paper examines judicial discretion in the form of the decision to incarcerate and the length of sentences imposed for federal white collar and street level offenders. Findings inform discussion oriented around the related issues of deterrence and public safety.

Crime: The amount and disparity of sentencing – A comparison of corporate and occupational white collar criminals

“…However, the definition of white collar crime has been controversial (Maddan, Hartley, Walker & Miller, 2012) and there lacks a unanimously agreed on definition (Benson & Simpson, 2009). It could be questioned whether the definition should be offender-or offense-related.…”

“…The focus of research on criminality has primarily been on the identification of offender characteristics, especially ethnicity and class across offense types (Maddan et al, 2012). A large body of empirical studies has also focused on personality variables.…”

“…However, according to Maddan et al (2012), the research focusing on the latter has grown from sparse during the last two decades. Compared to street or common offenders, the most frequent notion is that white collar criminals are treated more leniently.…”

“…Compared to street or common offenders, the most frequent notion is that white collar criminals are treated more leniently. Such characteristics, and perhaps especially socioeconomic status, are strongly associated with offence type (Maddan et al, 2012). Accordingly, white collar crime is interesting to study in the light of institutionalized system bias.…”

Sentencing Disparity Among Upper and Lower Class Health Care Professionals Convicted of Misconduct

“…This research shows that more severe sanctions were given to lower status offenders. As well, recent research by Maddan, Hartley, Walker, & Miller (2011) compared the sentences given to embezzlers with the sanctions given to auto thieves and found that auto thieves were given incarceration sentences 5 months longer on average than embezzlers.…”