Shaming White-Collar Criminals: A Proposal for Reform of The Federal Sentencing Guidelines*

2019 ◽  
pp. 155-181
Author(s):  
Dan M. Kahan ◽  
Eric A. Posner
Author(s):  
Celesta A. Albonetti

This paper begins by discussing variables influencing sentence severity imposed in white-collar cases in federal courts. Sentence outcomes imposed under indeterminate, presumptive, and advisory federal sentencing policies are discussed in terms of the effect of defendant characteristics, legally relevant case characteristics, and process-related variables on the probability of imprisonment, length of imprisonment, and probability of receiving a suspended sentence. Federal sentencing guidelines legalities are presented, with attention to white-collar crimes of larceny, embezzlement, counterfeiting, fraud and deceit, and forgery. Attention shifts to legal issues relevant to the adjudication and sentencing of white-collar offenders. The blurring of criminal and civil law in statutory law governing criminal prosecution and sentencing of white-collar offenders is dicussed. In addition, attention is given to both the offense-specific features of the federal sentencing guidelines, to mechanisms of discretion, and guideline departures, as they apply to sentencing in economic crimes.


1988 ◽  
Vol 1 (2) ◽  
pp. 96-110
Author(s):  
Jack B. Weinstein ◽  
Ilene H. Nagel ◽  
J. Michael Quinlan

Sign in / Sign up

Export Citation Format

Share Document