Legal/judicial question: What would it take to change sentencing-guidelines for white collar crimes?

[DetlefK]

What if...

What if there were a mandatory minimum of a 1 year prison-sentence, without parole or release, per $1 million of financial damages?

Let's say, somebody robs a jewely-store and steals $100,000. --> 10% of $1 million
It is entirely reasonable to say that this robber, if found guilty, should spend at least 10% of a year, 36.5 days, in prison. Right?

Let's say, somebody falsifies documents and steals a house worth $1 million.
It is entirely reasonable to say that this person, if found guilty, should spend at least 1 year in prison. Right?

Let's say, somebody lies on financial documents and scams investors out of $10 million.
It is entirely reasonable to say that this person, if found guilty, should spend at least 10 years in prison. Right?

Let's say, somebody embezzles $1 billion.
It's is entirely reasonable for this person, if found guilty, to spend at least 1000 years in prison. Right?




The US government values the life of a US-citizen at somewhere between $1 million and $10 million. Meaning: That is how much the US government would be willing to spend, e.g. in case of a natural disaster, to rescue the life of a person.
https://en.wikipedia.org/wiki/Value_of_life

So, if you murder a person, you are causing an economic damage of $1 million to society, and for that you get a life-sentence.

As you can see, my proposal is EXTREMELY lenient. I'm not proposing a life-sentence per $1 million in crimes, merely a measly, teeny-tiny 1 year in prison per $1 million in crimes.

[Phoenix61]

1. The shift that really needs to happen is holding individuals

responsible for illegal things the corporations they run do. Until CEO’s etc feel the pain they are just going to keep doing whatever they want to increase profits. China has a very different view.

2 face execution over China poison milk scandal
A Chinese court on Thursday sentenced two men to death for their role in the production and sale of melamine-tainted milk that killed at least six children and made nearly 300,000 ill.

https://www.nbcnews.com/news/amp/wbna28787126

[MichMan]

2. Always angers me when people agree to restitution for a lighter sentence

and then don't pay hardly any of it back.

[Amishman]

3. A good idea, but we'd need to reform awarded / assessed damages as well

Damages assessed / payments awarded are insanely inconsistent - both high and low.

Also, this makes sense only as an add-on charge. A jewelry store armed robbery creates a high risk confrontation where physical harm could occur, and should end up with a larger prison sentence compared to a 'white collar' crime of equal monetary harm.

[Ocelot II]

4. Depends on what you think the point of sentencing (prison/penalties) is

in the first place. Is it for the sake of punishment, rehabilitation, deterrence, the protection of society, or a general sense of justice? Sentencing guidelines try to consider all of these factors, and also factor in the costs of keeping someone in prison. How would a mandatory one-year prison sentence and a $1M fine serve these goals vs. the costs related to imprisonment?

Certainly it's punishment.

Would it do anything to rehabilitate the convict, make him reflect on the errors of his ways so he leaves prison a better person and never commits another crime?

What about deterrence? A mandatory prison sentence might be a deterrent since it's mandatory, but many would probably be willing to take the risk if the reward was sufficient. Does the fine make a difference? If they stole the money, having to give it back just puts them back where they were. And if they spent the money before getting caught, the fine probably will never be collected.

Protection of society? That's related to deterrence, and it's a pretty vague notion. The whole point of the criminal justice system is supposedly the protection of society, along with a general notion of justice.

"Justice" often means revenge. We want to see people punished and make them suffer if they commit a crime. But we also have to consider whether just seeking revenge accomplishes the goal of improving or protecting society. How much does it cost to keep a person in prison? Consider this:

The Bureau of Justice Statistics reckons that the United States spends more than $80 billion each year to keep roughly 2.3 million people behind bars. Many experts say that figure is a gross underestimate, though, because it leaves out myriad hidden costs that are often borne by prisoners and their loved ones, with women overwhelmingly shouldering the financial burden.

https://www.themarshallproject.org/2019/12/17/the-hidden-cost-of-incarceration?gclid=CjwKCAiAs8acBhA1EiwAgRFdwwvDY2rKnEKoj5FMSsFAKFMbz0auIIYYYlnJvCMrTixzGOA-aV5gBhoCPYYQAvD_BwE

When they get out, are they "reformed" or did they just learn how to be a more competent criminal?

It's a complicated, difficult issue, and one size definitely does not fit all. Have a look at the Federal Sentencing Guidelines manual to get an idea of the complexity of sentencing, and the factors that are considered. https://www.ussc.gov/guidelines/2021-guidelines-manual-annotated