From Jurist:
Indonesia’s justice minister announced Tuesday the opening of a prison wing intended to confine individuals convicted of corruption….The wing was added to alleviate overcrowding in the Indonesian prison system and was also in response to criticism that wealthy prisoners are permitted to live in luxury. Anti-corruption reform has been one of the primary concerns of President Susilo Bambang Yudhoyono, and the opening of the prison wing highlights corruption concerns in the civilian and military branches of the government.
I think this is a great example of how the law can be used to fight corruption and white-collar crime. In a book I’ve been reading, called “The Rich Get Richer, the Poor Get Prison,” the author, Jeffrey Reiman, argues fervently that poor people are disproportionately locked up for crimes like nonviolent drug offenses, while the rich who engage in corruption and white collar crime – which often costs individuals, companies, and governments millions if not billions of dollars – often get off with far less severe sentences because they have access to high-quality counsel. Even if you compare a violent crime against one individual to a corporate crime such as corruption or embezzlement, the corporate crime often causes far more widespread economic damage.
White-collar criminals should be subject to the same laws and penalties because corruption is a serious crime that adversely affects individuals and economies. Yet, we as a society tend to consider violent crime by poor people to be far more threatening than economic crimes. White-collar crimes committed by the wealthy are often looked upon as far less severe. These conceptions have to change if the criminal justice system is to be more fair and equitable around the world.
That’s why I think Indonesia’s focus on treating white-collar and wealthy offenders the same as poorer individuals who commit crimes is commendable. Disparities in sentencing due to socioeconomic status are not only unjust and unfair, but also fail to deter crimes in an effective manner; such disparities need to be seriously addressed, and reforms like this are a good step towards justice sector reform.
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