[net.legal] White-collar crime != victimless crime

riddle@ut-sally.UUCP (Prentiss Riddle) (05/02/84)

Stuart Wiener (tilt!smw) in reference to a password hacker sentenced to
two years of probation:

>> Who thinks this guy should have served time in prison?  I don't, but
>> then I favor probation for most "white-collar" (or victimless) crimes.

Am I misreading this, or is Stuart equating white-collar crime and
victimless crime?

As I understand it, "white-collar" crime refers to a class of crimes
committed by people in the upper social, financial or professional
classes: embezzlement, tax evasion, certain kinds of fraud, and much
computer crime.  This sort of crime is generally non-violent, but it
most definitely is not "victimless" -- the victims are the owners of
the embezzled companies, the U.S. government and citizens who do pay
their full taxes, the people who are defrauded, and the operators and
users of the computers which are tampered with.

"Victimless" crime, on the other hand, generally refers to various
vices which directly harm only those who practice them: prostitution,
gambling, drug abuse, etc.  (One can argue that these crimes have
victims, too -- the families of those who indulge, the people who
provide the services involved, or even all of society -- but the term
"victimless" is commonly used to describe them anyway.)

Off the top of my head, I can't think of  a n y  cases where these two
sets of crimes intersect.  Although I'm not sure that prison is
necessarily the appropriate response to either white-collar or
victimless crime, I certainly don't think that the two call for the
same sorts of penalties.

--- Prentiss Riddle ("Aprendiz de todo, maestro de nada.")
--- {ihnp4,seismo,gatech,ctvax}!ut-sally!riddle

smw@tilt.UUCP (Stewart Wiener) (05/02/84)

> From: riddle@ut-sally.UUCP (Prentiss Riddle)
> Stuart Wiener (tilt!smw) in reference to a password hacker sentenced to
> two years of probation:
> 
> >> Who thinks this guy should have served time in prison?  I don't, but
> >> then I favor probation for most "white-collar" (or victimless) crimes.
> 
> Am I misreading this, or is Stuart equating white-collar crime and
> victimless crime?

For the record, I wasn't, but the ambiguous phrasing was deliberate.  "Non-
violent crime" would probably have been the best way to put it.  My position
is that prisons are crowded enough (and brutal enough) to be reserved for
the purpose of keeping violent criminals away from society.
--
	Stewart Wiener / Princeton Univ. EECS / princeton!tilt!smw

keith1@hou2h.UUCP (Keith Quarles) (05/02/84)

-

Rather than the term "victimless crimes," I prefer the term
"Crimes of Consent."  It seems a more accurate description to me.
-- 
===================================================================
Keith Quarles                                AT&T Consumer Products
...!{ihnp4,houxm}!hou2h!keith1                          Neptune, NJ

north@down.FUN (Professor X) (05/02/84)

tilt!smw thinks that people who break into computers should be
treated with compassion and put on probation.  at princeton we
simply cut off their hands: that's what we did to tilt!smw when
he tried to grab eosp1!/etc/passwd.  and that's why his account
is on tilt, not princeton.
	stephen c. north

dhc@exodus.UUCP (David H. Copp) (05/03/84)

Many people believe that prison is the only punishment
that white-collar criminals (actual and potential)
truly fear.
-- 
				David H. Copp

barryg@sdcrdcf.UUCP (Barry Gold) (05/09/84)

Another good term is "sumptuary" crime (meaning crime on consumption),
since most of the so-called victimless crimes are illegal due to laws
regulating various sorts of lifestyle.  (Roman sumptuary laws extended to
governing how many entrees you could serve at a dinner party.  Japanese
sumptuary laws extended to governing how large a percentage of your
income you could spend on a daughter's marriage.)

--Lee Gold
-- 
	Barry Gold/Lee Gold
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