Theoretica Perspective

Running Head : Theoretical Perspective

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As business structures continue to grow and expand across the global business portfolio , so does the impact of corporate crime continue to grow . According to the U .S Sentencing Commission , there has been an increasing rate in white-collar crime within both private and governmental corporations . Consequently , there has been a debate over the most appropriate method of crime punishment for such crimes Elsewhere , huge and complex white-collar crimes have led to huge losses across the world . However , there

has been a compromised system in crime punishment towards such crimes where offenders end up getting less effective and equitable punishments for their crimes . White collar crimes have cost the U .S about 300 billion annually . They include insider training , public corruption , environmental crime , fraud and embezzlement among others

According to the U .S Sentencing Commission , victims responsible for various corporate crimes of huge capacities have escaped their crimes through court penalties for only 5000 , which is relatively a low amount as compared to their impact to the business community . Basically despite corporate crimes been an area of interest in the corporate performance , the legal structures have failed to apply appropriate legal foundations that advice on their handling . However , both retribution theory and optimal penalty theory have different platforms in addressing this concept . Their rational influence is however different to different criminal issues (Polling , 2001

Accordingly , optimal theory is the view that the punishment credited to a crime should be equal to the absolute harm of such crime when divided by the basic probability of its detection . It is made to secure the greatest level of punishment to the criminal , which would hitherto bring the most optimal benefits to the organization . It seeks to cautiously examine the context of the crime within an organization . Consequently it forms a demarcated policy in the relationship of the context that exists between the employee and the employer . The main argument of the theory is that the prosecutition terms and sentence convictions should adequately equate the rationale provided by the crime . The theory asserts that , the level of the prosecution sanctions should ultimately be increased with increasing impact of the crime towards the community /organization

Elsewhere , it calls for a greater scope in the liability of the criminal when it is difficulty for the organization 's compensation towards the harm (Polling , 2001

According to the U .S Sentencing Commission , optimal penalty theory is what can bring the greatest level of liability and therefore the highest revocation of crime compensation for the organization by the offender The basic aim of optimal penalty theory is to create tools and framework for efficiency where the level of crime costs would seldom equate the benefits through compensation to the affected organization by the offender . The theory believes that , increasing intensity in the level of punishment as the intensity of the crime increases in terms of its harm is what provides optimal penalty

Unlike the optimal penalty theory , retribution theory is based...