Discussion Question

Do you believe that criminal punishments are fair across all crimes in the United States? More specifically, are the criminal sanctions for white-collar crimes just in comparison to criminal sanctions for the sale for illegal drugs?

• There is certainly a noted disparity in the severity of punishment across crimes. This is very notable in white-collar crimes involving fraud or embezzlement. An executive or fund manager that steals millions of dollars may face a less severe punishment than an individual who commits a burglary or vehicle theft. Another example would be the far stiffer penalties associated with crack (concentrated cocaine often smoked by low-income drug abusers) than cocaine (more commonly used by individuals from higher socioeconomic classes). 

Practice Question

Victor is charged with domestic abuse of his wife. The police have evidence that Victor physically attacked his wife on multiple occasions. The charges are a felony in Victors state. If convicted, what are the possible penalties Victor could face for this illegal conduct?

• The state could charge Victor under general criminal statutes, such as assault or any specific statute making domestic violence illegal. This could lead to imprisonment, probation, criminal fines, or a restraining order against contacting his wife. Generally, domestic abuse is a state crime. Though, it may also constitute a federal crime. Under the Violence Against Women Act case, the court must order restitution for the perpetrator to pay the victim the full amount of loss. These losses include costs for medical or psychological care, physical therapy, transportation, temporary housing, and child care expenses, loss of income, attorneys fees, costs incurred in obtaining a civil protection order, and any other losses suffered by the victim as a result of the offense. However, the court can also order incarceration where the perpetrator inflicted body injuries to the victim. https://www.justice.gov/usao-wdtn/victim-witness-program/federal-domestic-violence-laws

Academic Research

• Husak, Douglas N., Kinds of Punishment (April 1, 2017). Available at SSRN: https://ssrn.com/abstract=2979458 or http://dx.doi.org/10.2139/ssrn.2979458