Question B: How would you incorporate the sentencing goals of retribution, incapacitation, deterrence, rehabilitation and restitution in your sentence of this individual for this particular crime?
Identity theft may often be a 'white collar' crime, but it is not a victimless crime. Jail time for a wide-spread scheme may be appropriate for this reason. Even if the victims whose identities were stolen did not suffer financial losses, the businesses such as the credit card companies who were defrauded may have experienced financial harms, and a loss of time as well as money. If possible, financial restitution might be appropriate especially if the crime was perpetuated by a syndicate of criminals or by an institution with substantial financial resources. The newly evolving nature of the crime may require that the guilty defendants be made 'examples' for the community.
As part of the sentencing, and perhaps for a reduction in jail time, the criminals might attempt to 'give back' to society, by educating...
This could have a positive effect upon the criminal's rehabilitation. The criminal must be made aware of the severity of the crime, and society must gain greater knowledge about how such crimes are perpetuated, and how people can protect their reputations and bank accounts against identity theft. As with all crimes of theft, there must be retribution, but society also has a great deal of learning to do about the offense, which can be accomplished through the use of creative community service sentencing techniques.
Works Cited
Amendment of Identity Theft and Assumption Deterrence Act." (1998). As amended by Public Law 105-318, 112 Stat. 3007 on Oct. 30, 1998. Retrieved 4 Mar 2007 http://www.ftc.gov/os/statutes/itada/itadact.htm#004
Identity Theft Resource Center. (2007). Nonprofit Website. Retrieved 4 Mar 2007 at http://www.idtheftcenter.org/curlaws.shtml
