White Collar Crime: Recidivism, Deterrence, And Social Impact;

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Forensic Research & Criminology International JournalResearch ArticleOpen AccessWhite collar crime: recidivism, deterrence, andsocial impactAbstractVolume 2 Issue 1 - 2016There is a distinct difference in the way that white-collar crimes and violent crimes are dealtwith by our society, and by our criminal justice system. This thesis studies how the disparityin sentencing affects recidivism, deterrence, and the overall cost to society. Statistics revealthat white collar criminals receive significantly shorter, and less severe sentences for theircrimes, than violent criminals do. Survey data show that while some people understandthe problem white-collar crime poses to society, in general the public is not well informed.Public perception may be perpetuating the problem, contributing to the lax response to whitecollar crime. Recidivism is high in white collar criminals due to lenience in sentencing andpunishment of white-collar criminals. Deterrence theory supports this conclusion, in thatthe lack of certainty, severity and swiftness of punishment for white collar criminals, isleading to higher recidivism rates.Katie A Fredericks, Rima E McComas,Georgie Ann WeatherbyDepartment of Sociology & Criminal Justice, GonzagaUniversity, USACorrespondence: Georgie Ann Weatherby, Ph.D. Departmentof Sociology & Criminal Justice, Gonzaga University, 502 E.Boone Avenue, Spokane, WA 99258, USA, Tel 509-313-3628,EmailReceived: October 22, 2015 Published: January 7, 2016Keywords: white collar crimes, recidivism, deterrence, violent crimesIntroductionFor the purposes of the thesis, the following terms will be definedas specified:i. White-collar crime“Crime committed by a person of respectability and high socialstatus in the course of his occupation”.1 In other words, white-collarcrime encompasses a variety of nonviolent crimes usually committedin commercial situations for financial gain. Examples of white-collarcrime include fraud, embezzlement, forgery, and bribery.ii. Violent crime“Criminal behavior by persons, against persons or property thatintentionally threatens, attempts, or actually inflicts physical harm”.1Examples include murder, assault, arson, and kidnapping. Whitecollar crime is a very different kind of crime. It doesn’t involve anytype of physical violence, and is generally committed by white collarpeople, typically people in offices or professional work. However, it isnot a victimless crime. Powerful corporations like Enron, abuse theirpower and take advantage of people, cheating and stealing millionsof dollars from American citizens. Reckless and greedy constructioncompanies skirt safety codes and cost people their lives. This kindof crime is detrimental to society, and arguably more harmful thanviolent crime.However, that is not the view of the criminal justice system.The criminal justice system focuses more on the offender whendetermining sentences and punishment, rather than the crime and thevictims. White collar criminals are more often subjected to fines andcommunity service, rather than prison sentences like most violentcriminals. White collar criminals are non-violent and therefore notconsidered a threat to society, but this view is naive. White collarcrime is of a much greater cost to society. It occurs on a larger scaleand offenders are not always deterred by fines and community service.Recidivism is higher because the punishment for white collar crime isSubmit Manuscript http://medcraveonline.comineffective. These are the topics that this thesis will be exploring. Theliterature on this topic reveals that white collar crime has been studiedbefore but has not done so on a comparison basis to violent crime.Some of the most pertinent literature on this topic came from a studypublished in the International Journal of Law, Crime, and Justice,which examined the differences in length of sentencing and the typeof white collar offense.2 It also determined the length of a sentencefor occupational and corporate offenders as compared to street crimedelinquents.The study found that, in all instances, white collar criminalsreceived a significantly shorter sentence than that of street criminals.The theories relevant to the study of white collar crime are LabelingTheory, Deterrence Theory, and Conflict Theory. Labeling Theory isapplicable because white collar criminals are clearly labeled as justthat, which is very different from a typical violent criminal. Thisdifferentiation affects the way society views white collar crime/criminals and the way that they are treated. White collar criminals arelabeled as such because they are seen as non-threatening and upperclass persons, which makes them very different from typical criminals.When criminals are labeled as white collar, the result is very differentfrom people simply labeled as criminal. The discrepancy here willbe explored further in the research of this thesis. Deterrence Theoryis crucial to the understanding of recidivism in white collar crimecompared to violent crime. The vast difference in the punishmentsfor white collar crime and violent crime is suspected to be a reasonfor a lack of deterrence and an increase in recidivism among whitecollar criminals. Conflict Theory purports that those in social powerwill use that power to further their own wants and needs, allowingthe powerful to control the powerless. This is especially relevant towhite collar crime because these are people in positions of power,who could not commit these crimes if they weren’t in a position to doso. White collar crime is generally that of furthering one’s own end,the purpose is personal gain, and this type of action creates conflict.There is a distinct difference in the way that white collar crimes andviolent crimes are dealt with by our society, and by our criminalForensic Res Criminol Int J. 2016;2(1):5‒14. 2016 Fredericks et al. This is an open access article distributed under the terms of the Creative Commons Attribution License,which permits unrestricted use, distribution, and build upon your work non-commercially.5

White collar crime: recidivism, deterrence, and social impactjustice system. How does that affect recidivism, deterrence, and theoverall cost to society?Literature reviewOver the last few decades, interest in white-collar crime hastended to take a back seat to violent crime and offenses, particularlyin terms of theory and research. Beginning with the pioneering workof Edwin Sutherland, some common themes seen in literature aboutwhite-collar crime include the variables, situations, and culturalcontexts that differentiate white-collar crime from more traditionalcriminal areas.3 Crime obviously varies in its nature, context, effecton society, etc., however, the overarching issue found in literature hasto do with crime prevention and control. This study focuses on thedistinct difference in the way white-collar crimes and violent crimesare dealt with by society and the criminal justice system, and, evenmore specifically, recidivism rates, deterrence, and the overall costto society. White-collar crime has been studied before, but has notextensively been studied on a comparison basis to violent crime.Some of the more applicable literature on this topic can be found inEdwin Sutherland’s work. He has been considered one of the mostinfluential criminologists of the twentieth century, particularly with hiswork regarding white-collar crime. During a speech to the AmericanSociological Association, Sutherland presented an address titled “TheWhite Collar Criminal”3 which introduced the concept of white-collarcrime and essentially dispelled the prejudice that aristocrats can do nowrong. He coined a definition of white-collar crime “approximately asa crime committed by a person of respectability and high social statusin the course of his occupation”.3Throughout his life and research, Sutherland focused onDifferential Association Theory and social life being not disorganized,rather it is patterned through learned behavior. This study does notspend time analyzing Differential Association Theory in white-collarcrime, however, Sutherland’s work can also be related to LabelingTheory, which will be studied, and how people previously identifiedaristocrats as being above committing crime and how white-collarcriminals’ high social standing causes people to not necessarilyconsider them as dangerous or harmful to society. Labeling theoryrefers to how the self-identity and behavior of individuals may bedetermined or influenced by the terms used to describe or classifythem. In a sense, labeling theory is a theory on stereotyping. Multiplecriminal justice articles have been written about labeling theory, butthere are a few that are particularly pertinent to this study, includingJack Katz’s “Seductions of Crime: Moral and Sensual Attractions inDoing Evil”.4 His study was published in The Journal of Criminal Lawand Criminology and argues that criminals do not desire the materialrewards, like money, that come from committing a crime, rather theyenjoy the sensual experience and outsmarting the system, or at leasttrying to. He is incredibly successful with regard to reconstructingcriminals’ experiences leading up to the crime and taking his readersinto a criminal’s head.Katz’s article dispelled the stereotype that crime is committedto achieve material goals, but he also acknowledged that crimeis complex and will often serve practical purposes alongside thesensual attraction aspect. Between studying the mind of the criminal,interviewing criminals, and observing the spending patterns ofcriminals, Katz establishes plenty of testimony that lends to hisclaim that material deprivation is not necessarily a criminal’s primarymotive. “Seductions of Crime”4 focused primarily on violent crime andCopyright: 2016 Fredericks et al.6the motive behind burglaries, robberies, stick-ups, and even murders.However, Katz’s study can be referenced from a white-collar crimeperspective. As stated previously, white-collar criminals are typicallyof high social status (who don’t need money), which would impartcredibility to Katz’s claim that criminals do not always approachtheir crimes “in the calculating spirit of making money.” AlthoughKatz’s study did not specifically examine white-collar crime, there isother literature on the topic that would encourage Katz’s conclusionis correct whether it is regarding violent or white-collar crime. Inlooking at criminology and trying to assess why people choose tocommit crimes, we found that there is a distinct relationship betweencrime and a person’s educational background, as well as their socialand economic background.5 Khan’s study focused on factors thatcontributed to rate of crime in Pakistan from 1972-2011, includingeducation, unemployment, poverty, and economic growth. Theresults demonstrated a positive relationship between crime rates andunemployment, as well as a negative relationship between crime andhigher education. Higher education decreases unemployment, whilealso increasing the opportunity cost of crime for potential offenders,i.e. they have more to lose in terms of time spent on criminal activity,and higher earnings decrease the motivation for committing crimes.Unemployment can lead to poverty, and poverty can lead to highstress and mental illness which could potentially motivate criminalactivity. Based on the studies we found indicating a relationshipbetween unemployment and crime, we decided to take it one stepfurther, and look at what other factors could cause changes inunemployment. One study we found useful was focused on the linkbetween military expenditures and unemployment.6 Azam studiesthe relationship between military expenditures and unemploymentin India, Nepal, Sri Lanka, and Pakistan from 1990-2013, takinginto account macroeconomic variables such as energy consumption,GDP, and population growth rates. Throughout the study eachvariable demonstrated some type of relationship with the othervariables. The result we found most intriguing indicated that militaryspending has a negative and elastic relationship with unemploymentrates. Additionally Azam purported an inverse causality betweenthe variables and unemployment rates. However, there was still noindication of any significant relationship between unemploymentrates and population growth. In reviewing the literature, a study wasconducted which researches some of the same topics examined here.In a study on the effect of imprisonment on white collar criminals,researchers found that “prison does not have a specific deterrenceimpact on the likelihood of rearrest”.7,8Analysis of court imposed sanctions and recidivism rates wereused in this study and revealed the relevance of deterrence theory towhite collar offending. This present study will also use sentencingguidelines and recidivism, in relation to violent crime, in order toevaluate the role of deterrence theory in white collar crime. Theliterature on this subject revealed extensive research on various topicsand elements of white collar crime and sentencing which providedvaluable information for this thesis. Some important topics exploredwere varying perceptions about white collar crime, sentencingvariance and factors that affect sentencing, and factors that affectrecidivism. Perceptions about white collar crime have changed a lotin recent years. Studies have shown that due to the recent economicdownturn and increased publicity of white collar crimes, there hasbeen more public outrage and a demand for harsher sentences.9 Caseslike Enron and Arthur Anderson, which were covered extensively bythe media and affected the lives of many people, led to a greater publicCitation: Fredericks KA, McComas RE, Weatherby GA. White collar crime: recidivism, deterrence, and social impact. Forensic Res Criminol Int J.2016;2(1):5-14. DOI: 10.15406/frcij.2016.02.00039

Copyright: 2016 Fredericks et al.White collar crime: recidivism, deterrence, and social impactawareness of this type of activity and the fact that it isn’t adequatelypunished. However people are still fairly unaware of corporate abuseof power, and don’t fully understand white collar crimes.They are complex crimes and generally committed by highlyeducated persons. These crimes are much more difficult to detect andeasier for people to get away with.10 In addition, they tend to havemore victims, but due to the fact that the harm suffered is financialrather than physical or emotional, the public is still inclined to givewhite collar crime less severe punishment than violent crime. Onestudy specifically addressed the opinions of employees in a SwissBank who were more likely to be exposed to white collar crime. Thestudy found that these employees are more likely to face the issueregularly and are particularly sensitive to corporate crimes. However,while these employees take white collar crimes more seriously thanmost, they still give harsher punishments to ordinary or more typical(violent) crimes.11 Another study looked at public perceptions on theacceptability of white collar crime in comparison to violent crime,specifically in relation to religion. The study found that peoplewho believed in God were much less tolerant of white collar crime,compared to people who believed in an impersonal or amoral God.12It showed that strong morals and religious convictions were lesslikely to draw clear distinctions in the “wrongness” of white collarvs. violent crimes.Whereas modernization and social relationships led to moretolerance of white collar crimes which can be seen by some asvictimless; this is somewhat similar to a study that researched howwhite collar criminals perceive their own crime. These offenders donot view themselves as “criminal.” “A distinguishing feature of thepsychological makeup of white-collar offenders is thought to be theirability to neutralize the moral bind of the law and rationalize theircriminal behavior”.13 However, the findings also reveal that this maynot be significantly different from how violent criminals view theircrimes, in that they both tend to try and rationalize or justify theiractions.14 The literature on sentencing was useful in addressing avariety of factors that can influence how a sentence is determined andwhat might cause differences in sentencing. One study also consideredan alternative punishment for white collar crime, suggesting it couldserve as a better deterrent, which would be less costly to alreadyovercrowded prisons. The study suggests shaming sanctions which isessentially the dehumanization of a person in public for their crime,which allows the public to participate in “shaming” the offender.Another factor that can impact sentencing is gender.Research indicates that the legal treatment of white collar criminalstends to differ across genders. However, this could also be due to thefact that women’s roles in this type of crime are often restricted by theirorganizational position in the business hierarchy.15 Their position canbe restricted based on gender discrimination in the workplace. Resultsindicated that sentencing is largely based on the blameworthiness ofthe offender, although women are often seen as less “blameworthy”.15Blameworthiness is generally defined as the extent to which a personis responsible, based on the role they played in committing the crime(i.e. were they threatened, was it their idea or did they just carry out theaction, etc.). Another study showed differences in sentencing based onthe specific type of white collar crime, with a focus on occupationalvs. corporate crime in relation to street crime offenses. The focus is on“whether the difference in length of the sentence could be explainedby the fact that occupational crime is committed for the criminals’own purposes or enrichment, while this is often not the case among7corporate criminals”.2 The final important element of research on thistopic is recidivism.There are a number of different factors that can impact recidivism,including genetics, individual personality and values, and deterrence/previous punishment. Personality is generally used in determiningcorrectional classification, however research shows it is also “asignificant predictor of offender recidivism with neurotic personalitytype significantly predicting probability of rearrest”.16 Anotherelement similar to personality is the motivation for committing thecrime. One study tracked the life course and development of whitecollar criminals, and the factors that lead them to commit crimes. Itwas clear that “situational factors alone cannot explain white collarcrime”.17 Not only do white collar criminals perceive themselvesas non-criminals and non-threatening, but studies show that whitecollar crimes tend to be committed by those with a desire for control,whereas violent crimes tend to be committed by persons with lowself-control.18 While the difference between these two motivationsis not huge across white collar vs. violent crime, desire for controlis shown to be a stronger predictor for corporate crime than lowself-control. An area where the literature is lacking, is research onthe relationship between previous punishments and recidivism, forboth white collar and violent crime. This study hopes to elaborate onresearch and conclusions already made, as well as to collect moreinformation regarding areas where the previous literature is lacking.Data & methodsThe study of white-collar crime, particularly with regard torecidivism rates, deterrence, and the overall cost to society, has beengiven little consideration since the term was coined in 1939. Thismakes it increasingly difficult to collect information and data regardinghow white-collar crime is understood in society. Due to the shortageof white-collar research, for the purposes of this study, the methodsused to compile data will be both primary and secondary. Primarydata consist of data that are collected solely by the researcher(s) witha specific purpose in mind. This often refers to surveys, interviews,or focus groups and includes data that have been amassed for the firsttime. Secondary data are collected by a previous researcher but servethe purpose of the current project. It takes more of a research stanceby including previously collected statistics and data. This thesis willuse interview, survey, and secondary research to analyze the topic.The primary data collection method used in this study is a series ofsurveys distributed via social network sites. The survey is gearedmore toward an opinion perspective and will be questioning people’sknowledge of white collar crime and relating opinions on punishmentand sentencing. The study will also gather information via secondarydata, particularly examining statistics and histories of white-collarcriminals. Content-Analysis will also be explored in relation to publicperception and opinion on this topic. The data for this study will becollected as follows:i. Secondary dataThe majority of the data will be focused on secondary research andthe numbers found there. Research will look at the prevalence of whitecollar and violent crime over the past 10-15years, and whether therehas been an increase in white collar crime due to changes in technologyor other factors. This paper will also compare recidivism rates forwhite collar crime and violent crime, examining the application oflabeling and deterrence theory as they are relevant. Most importantly,this paper will examine the variance in sentencing across violent andCitation: Fredericks KA, McComas RE, Weatherby GA. White collar crime: recidivism, deterrence, and social impact. Forensic Res Criminol Int J.2016;2(1):5-14. DOI: 10.15406/frcij.2016.02.00039

Copyright: 2016 Fredericks et al.White collar crime: recidivism, deterrence, and social impactwhite collar crime. The punishment type and length will be also beanalyzed in relation to recidivism rates. Other research will includestudying the increase in patent law cases and technological advances,particularly weighing how these have impacted white-collar crime.ii. SurveysDoing reliable research will require a wide variety of perspectivesto be collected through surveys. Although data will be collected ona college campus, the survey will not be limited to the opinions ofcollege students. It will be distributed online either through socialnetwork or through email to students, staff, and faculty. The surveywill address public perception of white collar crime, the way it isviewed by society, the way it is punished, and its effect/cost to society.This survey will also look at factors that might contribute to the lackof understanding surrounding white collar crime (Survey).iii. Content analysisThe final key aspect of this thesis is the role of public opinion andthe cost to society. Content analysis and survey methods will be usedto address these factors. For content analysis, various media sourceswill be analyzed using coding and other observational methods ofanalysis. The TV show White Collar and the Ocean’s Eleven filmseries will be used to examine how media shapes the public perceptionof white collar crime/criminals, and what type of perception iscreated. The criminological theories most focused on in this paper aredeterrence, labeling, and conflict theory. Based on recidivism rates,this study can analyze deterrence theory as it applies here, seeingwhether the punishments actually do deter criminals. Interviews andrecidivism analyses should help to identify the role of labeling theory,with particular consideration of how people define white-collar crime.8The surveys and public opinion research will shape the use of conflicttheory in this endeavor and the relationship it has with white collarcrime.Summary and conclusionAs was stated in the beginning of this paper, white-collar crime isa very different kind of crime. Although, it does not typically involvephysical violence, nonetheless, it is not a victimless crime. Theresearch found an excess of white-collar cases where people had theiridentities stolen or large corporations were financially ruined. Thehypothesis was correct. There is a distinct difference in the way whitecollar crimes and violent crimes are dealt with by our society, and byour criminal justice system. Similarly, a portion of the problem restsin public perception of white-collar crime. The majority of peoplehave not fallen victim to this type of crime and, as such, don’t tend tounderstand the enormity of the problem. Public perception proved tobe a much larger problem than initially anticipated and made LabelingTheory incredibly applicable to this project. Labeling Theory is allabout how people view white-collar crime, and how most peoplefind it innocuous in comparison to violent crime. Typically, whitecollar criminals are labeled as non-threatening and upper class. Thisstereotype makes people vulnerable to white-collar crime and grosslyunderestimates the potential danger of these criminals. Regardingpublic perception, the survey and content analysis were the bestmethods of determining how people perceive white-collar crime.Using Sourcebook, data were collected from U.S. District Courtsentencing from 2002-2010.19 After selecting six major white collarcrimes and six major violent crimes, Tables 1 & 2 illustrate theaverage sentence imposed for each crime over a given year.Table 1 White collar crime imprisonment 2010 (U.S. District Court)Average sentence length (Months)Median sentence length (Months)Total casesMoney lement7.83434Table 2 Violent crime imprisonment 2010 (U.S. District Court)Average sentence length (Months)Median sentence length (Months)Total casesMurder276.125166Kidnapping/hostage taking162.714439Sexual sault37.624631From the two tables, a clear discrepancy is present across whitecollar and violent crime. Violent crime sentences are significantlylonger than any white collar crime sentences. The average sentencelength for a fraud conviction was 23.2months in 2010, and162.7months for kidnapping/hostage taking. The violent crimesranged from 37.6-276.1month sentences on average, while whitecollar crimes only ranged from 7.8-30.6 months. Additionally lookingat total cases, white collar crime is significantly more prevalent thanviolent crime, with 880 cases of forgery/counterfeiting in 2010, andonly 631 cases of assault. For the violent crimes selected, the mostprevalent was assault at 631 cases in 2010, and the least prevalentwas kidnapping with 39 cases that year. For the white collar crimesselected, the most prevalent was fraud at 8,065, and the least prevalentwas bribery with 224 cases in 2010 (Figure 1).Citation: Fredericks KA, McComas RE, Weatherby GA. White collar crime: recidivism, deterrence, and social impact. Forensic Res Criminol Int J.2016;2(1):5-14. DOI: 10.15406/frcij.2016.02.00039

Copyright: 2016 Fredericks et al.White collar crime: recidivism, deterrence, and social impact9the sentencing for those crimes is shown from 2002-2010. The graphshows the trend of sentencing over time, as well as the vast differencein sentence length for the two crimes. Assault sentences are muchlengthier on average than fraud, despite the changes over time. Thereis a fairly consistent increase in sentencing for white collar crime andboth experience significant changes from 2004-2007. (Tables 3 & 4)compare the type of sentence for various crimes, including whether ornot the sentence included probation and community service.Figure 1 Do you think white-collar crime is more or less prevalent thanviolent crime?Responses (%)ResponsesMore prevalent64.29%108Less prevalent14.29%24The same21.43%36Total100%168Figure 2 White collar crime imprisonment 2010 (U.S. District Court).AssaultFraudIn (Figure 2) white collar and violent crime are compared acrosstime. Assault and fraud were the most commonly committed crimes .837.623.2Table 3 Type of sentence 2010 (White collar)% Receivingimprisonment% Receiving onlyimprisonment% Receiving communityservice & prison% Receiving probation& 712.3Table 4 Type of sentence 2010 (Violent crime)% Receivingimprisonment% Receiving onlyimprisonment% Receiving community service& prison% Receiving probation 10000Sexual 95.33.11.6Assault83.379.14.23.7Citation: Fredericks KA, McComas RE, Weatherby GA. White collar crime: recidivism, deterrence, and social impact. Forensic Res Criminol Int J.2016;2(1):5-14. DOI: 10.15406/frcij.2016.02.00039

Copyright: 2016 Fredericks et al.White collar crime: recidivism, deterrence, and social impactThe majority of the violent crimes included only imprisonmentin the sentence, with the exception of assault which had a significantamount of probation included. For example, only 44.9% of thoseconvicted of embezzlement receive prison time as part of theirsentence, and only 35.2% of those people are given ONLY prison timeas punishment. Whereas with arson, 96% of those convicted are givenprison time, and 90.7% of those criminals are given ONLY prisontime as punishment. White collar criminals are much more likely toreceive community service or probation as part (or even all) of theirsentence. Another important part of understanding how white collarcrime is handled by the criminal justice system, involves the analysisof recidivism. Using the Bureau of Criminal Justice Statistics DataAnalysis Tool, criteria were selected to produce recidivism rates fora specific group of offenders. This produced recidivism informationon prisoners who were released in 1994, retrieving data from 15different states. In analyzing recidivism of violent criminals, thecriteria used were any prisone

Oct 22, 2015 · white-collar crime include the variables, situations, and cultural contexts that differentiate white-collar crime from more traditional criminal areas.3 Crime obviously varies in its nature, context, effect on society, etc., however, the overarching issue found in literature has to do with crime

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