Public’s Well-Being Than White Collar Crime?

Computer crime is a relatively new phenomenon with its conception being in the last half of the twentieth century. A computer crime is “any offense where the modus operandi or signature involves the use of a computer network in any way” (Casey, 2003, p259). The latter is a broad definition including many offenses such as social security fraud, embezzlement, piracy, and many more. Robbery, on the other hand, has been around much longer and more people are familiar with it. The Bureau of Justice Statistics defines robbery as “the completed or attempted theft, directly from a person, of property or cash by force or threat of force, with or without a weapon, and with or without injury” (2002). To determine the detriment to society of either computer crime or robbery, several aspects must be taken into consideration, including the victims, offenses, laws set forth for both, deterrence, punishments, and cost. In all, after discussing the previous issues involved in computer crimes and robbery, it will be apparent that the greater detriment to society comes from computer crimes.

Recent laws have given offenders fewer chances and harsher penalties for violent crimes. There are new constraints on discretion, which including mandatory minimum penalties which replaced indiscriminate sentencing. Also, there have been sentencing enhancements as well as repeat offender statutes such as the three strikes law giving an offender two chances to clean up before putting them away for long periods of time (Harcourt, 2003). These new laws have made getting away with crimes more difficult and less likely. Such laws are necessary due to the drastic increase in crime.

In the latter opinion, deterrence will only work when offenders are punished for similar crimes. Deterrence will not work unless every criminal is punished regardless of his or her economic status. If a criminal feels that it is possible for them to pay their way out of a crime, there is more incentive for them to commit that crime. With this in mind, it is imperative that harsher penalties for all crimes are instituted. Computer crimes and robberies both need to be deterred because they are inherently wrong; however, harsher penalties for computer crimes is more important in the long run because of the more severe repercussions it has upon society when not dealt with.

“For white collar crime, law enforcement is an effective deterrent if prosecutions are publicized to give potential criminals a rational basis for refraining from crime...in my experience, law enforcement has had an impact in deterring and or reducing criminal activity, but that type of deterrence generally varies depending on the nature of the criminal activity. Specifically, in the case of white collar crime, where the actors are generally rational, informed individuals, enforcement of criminal laws generally deters additional criminal conduct of the kind at issue; in other words, the prosecution of one will deter others from committing similar criminal conduct” (1998).

For decades computer criminals have been able to evade law enforcement’s punishments; however, that is now changing. Recent laws that have been established in order to more severely and righteously punish these offenders are now being put into effect. One such act is the Sarbanes-Oxley Act which was a reaction to the questionable business practices of corporate executives and was the most comprehensive corporate reform act since the 1929 Stock Market crash that enhanced the penalties for white collar crimes (Recine, 2002). These enhanced penalties have created a better deterrent effect for prospective computer criminals because they realize that now there are serious and severe sanctions for their actions. Several important amendments to the U.S. Sentencing Guidelines, two that are of great importance to the corporate world, have been made in the past few years. The organization (what organization?) gave stiff sentences to even relatively minor white-collar crimes (Jordani, 2003).

Offenders in computer crimes are usually employees of a large business or corporation where they pilfer funds for their own financial gain, or for the financial loss of the company. In a Capital Hill Hearing, Senator Joseph R. Biden Jr. stated that “...white collar crimes are often committed by people of above average intellectual ability and education who stand in legitimate roles in society and have the capacity to use deception and stealth to carry out their plan with remarkable effectiveness” (2002). Most criminals involved in computer crimes and other white-collar acts are not in need of their desired outcomes. In fact, as John Gallo states, “White collar offenders are usually motivated by profit, and are usually rational, informed actors who will assess the risks versus the benefits of enga

Some topics in this essay:
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