Writing Assignment 8

Running Head: ESSAY QUESTIONS

Essay Questions

Name

Institution

Date

Question 1

White collar crimes have been taken as among the serious crimes in the United States since they do happen and have affected most businesses and individuals. Losses as a result of such crimes are usually very huge. Therefore, white collar crimes are being handled, more often, at the federal level of the government and less in the state or local levels. This is because of the weight in terms of the losses. Such federal charges regarding to white collar crimes are investigated by the government agencies with all the resources and seriousness it deserves.

The National White Collar Crime Center is a body found in the federal or rather national level and specifically deals with the white collar crimes both from the federal level, state level or local level. This is generally an overall government agency tasked with the responsibility of providing national support aimed at preventing, investigating and prosecuting white collar and economic crimes.

The agency plays a crucial role in training of various personnel to handle the white collar crimes including enforcement analysts, computer crime specialists, intelligence technicians and research analysts, among others (Crimes-of-persuasion.com, 2017). Moreover, the center is tasked with maintaining a formally structured national support system associated with state and local law enforcement and regulatory agency members. It enhances the multi-state investigation and prosecution of white collar crimes. This center coordinates with such fraud enforcement agencies like Department of Justice, Federal Bureau of Investigation and Federal Trade Commission, among others, to curb cases of white collar crimes in the local, state and federal levels (Crimes-of-persuasion.com, 2017).

In handling white collar crimes, there are three major legal processes involved, namely; pretrial stage, trial stage and post-trial proceedings. In the pretrial stage, investigations are carried out and the accused is brought before a grand jury. Then there is the initial appearance of the accused in a court of law to be informed of the charges followed by the arraignment where charges are formally spelt out in a court of law. The trial stage is where both the government and the defense give evidence to prove or disapprove the charges. Finally the post-trial stage will be where the accused is set free, convicted and sentenced or fined (Federal Bureau of Investigation, 2017).

Question 2

Trial juries and judges are very important in the prosecution and sentencing of white collar criminals. First a grand jury is that impartial body of citizens whose task is to carry out an investigation to ascertain whether a crime really occurred and who committed it. To facilitate the investigation, the grand jury issue a subpoenas to any person who might be having any evidence relevant to the investigation at hand. Moreover, the grand jury can compel testimony from those likely to be having evidence.

The grand jury is also tasked with issuing of indictment, a document which shows that a crime actually occurred and specifies the accused person. This will lead to the arrest of the accused and made to appear before a court of law for initial appearance. Judges also performed the same responsibilities as the grand juries by hearing a case in a court of law through the trial stage. Judges will listen to both the defense and the victim in order to prove whether there are charges against the accused or not (Haugh, 2014; Wheeler, 1980). They ensure that justice is served appropriately.

After carrying out background investigation, it is the duty of the jury of judge to sentence the offender. After hearing from both the offender and the victim, the jury or judge may sentence the offender in a number of ways depending on the case at hand. It can be imprisonment, probation or even community service or other such programs.

Question 3

The sentencing of white collar crime offenders is a matter with a wide scope since white collar crimes vary. To sentence the criminals involved in white collar crimes, a court of law has to take into consideration a number of principal factors. First is the type of the conduct. In white collar crimes, the type of conduct related to the crime committed is very wide (Mirko & Theo, 2002). This makes it impossible for the courts to set a sentencing tariff for the crimes but rather the tariffs varies depending on the conduct.

Secondly, the severity of the white collar crime is another principal factor that governs the sentencing of the white collar criminals. This can be determined by the courts basing on the value of the money or property involved. This will consequently determine the sentence to be awarded by the courts. The third principal factor is general deterrence which is the paramount objective to sentencing offenders associated with white collar crimes. It is this factor that serves to increase the penalty for a white collar crime committed.

Also, there is the principal factor of time of planning of the crime. Those white collar crimes which have been planned over a long period of time such that they have been committed overtime without notice are often punished severely unlike the once committed over a short period. Moreover, there is the principal factor of breach of trust. This is considered as an aggravating factor and actually attracts a penalty (Mirko & Theo, 2002). There is also the restitution of the amount taken by the white collar criminal. This factor is considered to be a mitigating one though its weight is still less. It does not render the crime not punishable but can only reduce the weight of the punishment to be awarded by a court of law.

Other principal factors which does not render the white collar crimes not punishable but are considered to have a little of mitigating effect include a previous good character of the white collar criminal, worthwhile contribution by the offender to the community as well as a good family background of the offender (Mirko & Theo, 2002).

Question 4

White collar criminals are not often send to jail by prosecutors. White collar crimes as earlier noted results in high losses to the victims, either businesses or individuals. Prosecutors are of the opinion that the white collar criminals would rather be put on probation rather than send to jail. The argument behind this is that when in jail, white collar crime offenders lose their jobs and are, therefore, not in a position to repay their huge penalties (Brandolph, 2014).

The effect is that the victims are not given their dues since the offenders in jail will only be able to serve the period of the sentence as a punishment for the crime. The prosecutors then opt for probation. In this case, the offender is given a chance to work for the community under watch. The offender will be in a position to earn some money which can used to repay the damages caused to the victim of the white collar crime (Brandolph, 2014). Moreover, the offender will have given service to the community and gain some skills and experience which is important for the living of the offender after the sentence.

Civil suits have taken steps in responding to the white collar crimes which have been on the rise. The policy options adopted by civil suits revolve around structural, organizational as well as individualistic levels in the society. Remember white collar criminals take advantage of the structures in the organizations which do not have stringent regulations for personal gain. Civil suits have ensured that punishments for white collar crimes become real. This implies that those who are got involved in the crimes are severely punished. Moreover, there has been ongoing rules and regulations stipulated for individuals and businesses to ensure that they put in place controls that curtail white collar crimes (Lynch, 1997).

The major recent trend pertaining to civil suits involves integrating business ethics in the conduct of the professionals and among business people (Lynch, 1997). This is a step towards elevating ethical behaviour among business people and be able to reduce the cases of white collar crimes. Another trend regarding civil suits and penalties is collecting of the civil judgement. This has been seen by the courts as being more economical than imposing prison sentences.

References

Brandolph, A. (January 19, 2014). White-collar criminals often avoid prison terms.

Crimes-of-persuasion.com. (2017). U.S. Law Enforcement Agencies Responsible for Prosecution of Fraud-related Offences in the United States. [Online] Available at: http://www.crimes-of-persuasion.com/laws/us/agencies.htm [Accessed 2 Jul. 2017].

Federal Bureau of Investigation. (2017). A Brief Description of the Federal Criminal Justice Process. [Online] Available at: https://www.fbi.gov/resources/victim-assistance/a-brief-description-of-the-federal-criminal-justice-process [Accessed 2 Jul. 2017].

Haugh, T. (2014). Sentencing the Why of White Collar Crime: IIT Chicago-Kent College of Law.

Lynch, G.E. (1997). The role of criminal law in policing corporate misconduct.

Mirko B. and Theo A. (2002). A rational approach to sentencing white-collar offenders in Australia.

Wheeler, S. (January 1, 1980). Sentencing the White-Collar Offender: Yale Law School