NCJ Number
73806
Date Published
1980
Length
25 pages
Annotation
Practical considerations regarding sentencing for white-collar crimes in Great Britain are seen from the standpoint of Christian doctrine and social concerns.
Abstract
The Judeo-Christian tradition, which is one of the bases of the penal system in Western countries, assumes that every man has an inborn ability to choose between right and wrong (the natural law), and that everybody is equal before the law. However, it also views those in power as having a greater responsibility to abide by the law. These important points are overlooked in the present British penal system, and as a result, those offenders who have power and authority are favored by the law. The many examples of this state of affairs range from legislation which legitimizes noise pollution caused by airplanes and forces citizens to sell their property to the Government to lenient treatment of white-collar offender either by correctional officials or by judges who mete out fines too low to have any deterrent effect. These practices undermine the credibility of the criminal justice system in the eyes of ordinary citizens. Therefore, penal reform should portray the nature of the offense in its proper perspective, and the judiciary should be educated to take an unbiased view of high status offenders. Furthermore, the rehabilitative model of custodial sentencing which automatically favors high status offenders who meet the rehabilitative ideal should be replaced by the punitive model. In addition, the range of penalties should include certain social disabilities such as disenfranchisement from elective office and prohibitions on the obtainment of credit. Notes are included.