- How do white collar criminals succeed their probation?
- What are the effective and ineffective areas of probation that are utilized or could be improved?
- Statistically, what is the recidivism rate of these criminals?
As far back as Aristotle, road commissioners were embezzling funds - the punishment? They were required to pay back ten (yes, 10) times the amount they had embezzled. The scriptures warn of cheating in the market place. Deuteronomy (25:13) declares that: "For every one practicing unfairness is abominable to the Lord your God." Common law in the Middle outlawed regrating, engrossing and forestalling.
By the early 20th century white collar criminals were referred to by E. A. Ross as "'criminaloid' . . . powerful business owners and executives who exploit people and manipulate the marketplace out of an uninhibited desire to maximize their profits, all the while pretending to be pious and respectable" (Ross, Edward Alsworth 1977); but it was Edwin Sutherland who, in fact, coined the title "white collar crime," in his book of the same name as "a crime committed by a person of respectability and high social status in the course of his occupation" (Sutherland, Edwin H. (1949) 'White Collar Crime' New York: Holt Rinehart and Winston).
Hagan and Nagel believed that because of the necessity to use some of the criminals to convict others, sentencing would be "lighter" for white collar criminals, resulting in what appears to be leniency that (Eitle 2000; Hagan and Nagel 1982). There are at least two (if not more) theories of why or whether or not white collar criminals are given probation, or not given probation.
One theory is that it is according to the temperament of the judge and that judgments simply lack plan, order and/or direction; another theory is that white collar criminals are simply treated more leniently than other criminals, for the most part because they do not present a physical threat to the community. It has been difficult even to define of what white collar crime consists, adding to the dilemma. Many white collar criminals have been a respected part of a community and judges may therefore be more lenient with them, and so they are more likely to receive probation more quickly than those who society deems common criminals who may be a danger to the community. On the other hand there are those judges who would expect, because of their respectability in the community, much more culpable for their offenses. In the end Weisburd, Waring, and Chayet (2001) believe that white collar criminals are more likely to be fined or assigned ...
White collar crime costs the country more money than all index crimes together. Probation appears to be a common practice when it comes to punishment and/or rehabilitation. This paper discusses specifically whether or not probation accomplishes a reduction of recidivism in those who are guilty of white collar crime.