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Sentencing White-Collar Criminals: When is Shaming Viable?

NCJ Number
240047
Journal
Global Crime Volume: 13 Issue: 3 Dated: August 2012 Pages: 141-159
Author(s)
James Kostelnik
Date Published
August 2012
Length
19 pages
Annotation
This study examined the deterrent effects of punishment for samples of white-collar criminals.
Abstract
When does shaming work as an alternative to incarceration and fines in sentencing white-collar criminals? In the light of recent economic downturn and highly publicized instances of white-collar crime, public opinion has demanded harsher sentences for white-collar criminals. In order to appease this demand, as well as consider the pressing problem of prison overpopulation, alternative sanctions, such as formal shaming, have been increasingly studied. Through examination of the costs and consequences of incarceration and shaming, this article will explain that since the costs of shaming sanctions are largely fixed, shaming sanctions are most viable when used in conjunction with alternative sanctions so that courts can impose sanction bundles of costs commensurate with the level of offense committed by an offender. Abstract published by arrangement with Taylor and Francis.