Deterring White
Collar Crime
How does the Functionalist explain
the difference between “Street Crime” and “White Collar Crime?” Functionalist stress that just as education
and job opportunities are different for the social classes, so are the crimes
that they commit. The lower social classes commit most of the street crime
while the upper social classes commit the white collar crime (Henslin, 2011). You have to have the opportunity to commit the
crime. In other words, you have to be a doctor in order to commit the types of
white collar crimes that a doctor can commit. In this paper I’ll try to write a
good explanation on how our society should deal with the white collar criminal.
In our text there are many good
cases presented that show how white collar criminals have gotten off almost
completely free from any punishment. Many individuals get off without spending one
day in jail. Sears defrauded $100 million from victims and to avoid a criminal
trial they pleaded guilty. Macy’s and Bloomingdales were committing similar
crimes and to avoid criminal prosecution they settled out of court (Henslin,
2011). When companies commit these crimes I think all people directly involved need
to serve time in prison, the company should be fined severely and restitution needs
to be made to the victims. In addition, companies should be put on probation. I
don’t believe that our government should reward criminal behavior with new
lucrative contracts as in the case of Sioux Manufacturing in North Dakota.
After Sioux Manufacturing was found guilty of cheating the government, they
were given another contract to produce helmets (Henslin, 2011).
According to one web document Congress
has passed laws to help prosecutors with white collar crime. In the 1970’s and 80’s a wave of laws and
statues known as the Racketeer
Influence and Corrupt Organizations Act (RICO) was originally associated with mafia-related organized crime,
but was soon applied to white collar crime.
Also, in 2002 Congress passed the Sarbanes-Oxley Act (SOX)
to improve corporate governance
-- the relationship and accountability between corporations and their
stakeholders (McGrath). This was in light of Enron and other widely publicized
scandals during that time period. I disagree that punishment has gone too far
when judges try to make an example of these cases. They should be held to a
higher standard and after spending time in prison I don’t think that these
white collar criminals should be allowed to go back into business. Investment
bankers convicted and sent to prison should not be allowed back into the
banking industry. Tougher sanctions need to be imposed on these white collar
criminals after they’re freed. Life in
jail isn’t the answer, but maybe lifelong consequences are.
Going back to the beginning, to
commit a white-collar crime the person(s) need to have the opportunity. They’re
in a position of power and have a fiduciary responsibility to many people.
Because of the position they hold, they should be held to a higher standard.
When they are convicted they need to be fined and punished severely. Heavy
fines can be imposed on companies and the companies put on probation. A judge
can impose additional sanctions, or conditions after these white collar
criminals are released to prevent them from being put back into another
position of power. Maybe lifelong consequences will deter them from committing white
collar crimes in the first place.
References
Henslin, J. (2011). Essentials
of sociology: a down-to-earth approach. (Ninth ed., p. 145-146). Pearson.
McGrath, J. (n.d.). How
white collar crime works. Retrieved from http://money.howstuffworks.com/white-collar-crime6.htm
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