NCJ Number
16065
Journal
American Criminal Law Review Volume: 11 Issue: 4 Dated: (SUMMER 1973) Pages: 821-834
Date Published
1973
Length
14 pages
Annotation
POINTS UP SENTENCE DISPARITY BETWEEN WHITE COLLAR AND STREET CRIMES AND URGES INCREASED POLICING OF ETHICAL AND LEGAL STANDARDS IN THE BUSINESS COMMUNITY, TOGETHER WITH RECOMMENDATIONS FOR IMPROVING SENTENCING EQUITY.
Abstract
ADVICE FOR BUSINESSMEN IN POLICING THEIR OWN RANKS INCLUDES SPEAKING OUT AGAINST BRIBERY AND THE CURRYING OF FAVORS, COOPERATION WITH LAW ENFORCEMENT AND PROSECUTING AUTHORITIES, AND THE CULTIVATION OF SOCIAL PRESSURE THAT WILL DISCOURAGE UNETHICAL BEHAVIOR. DISCRIMINATION AND DISPARITY OF SENTENCING IS CITED FROM A 1972 SENTENCING STUDY OF THE SOUTHERN DISTRICT OF NEW YORK. DISPARITY IS SHOWN BETWEEN OFFENSES AND INDIVIDUAL CASES. QUARTERLY REPORTS CONTAINING DETAILED DATA ON SENTENCES IMPOSED IN EACH DISTRICT ARE RECOMMENDED. THESE REPORTS WOULD BE CIRCULATED AMONG THE JUDICIARY FOR SELF-EDUCATION AND DISCUSSION. ANNUAL SENTENCING INSTITUTES ON A REGIONAL AND NATIONAL BASIS ARE SUGGESTED. IT IS URGED THAT SENTENCING PHILOSOPHY BE STANDARDIZED AND BE REORIENTED TO REFLECT THE DIFFERENCE BETWEEN REHABILITATION OF THE INDIVIDUAL DEFENDANT AND THE DETERRENCE OF OTHERS WHO MIGHT BE TEMPTED TO VIOLATE THE LAW. IT IS SUGGESTED THAT THE PRIMARY OBJECTIVE OF DETERRENCE SHOULD BE FOCUSED ON DELIBERATE AND WILLFUL CRIMES WHICH MIGHT BE PREVENTED BY PROMPT AND FIRM DETECTION, PROSECUTION, AND SENTENCING.