White Collar Crime, An Alternative Explanation

Here I shall deal with the apparent injustice of the punishments metered out to white collar criminals versus violent crimes. I take as a given that such an injustice exists (though this is certainly debatable). I cannot prove that my explanation is the correct one, but I only hear one explanation for this, and lest we fall into the trap of thinking that since it's the only one it must be the correct one, I am providing an alternative. The common explanation is that the white collar criminals are rich, and thus aren't prosecuted to the full extent.

A little introduction before my alternative explanation is necessary. I think that all laws can be classified into either a general or specific category. The laws I assign to the specific category are laws that few people would break even if they didn't exist (like murder). The laws that I assign to the general category are laws that many people would break if they didn't exist (like speeding, even though everyone breaks that law anyway).

My explanation is that white collar crimes fall into the general category, whereas violent crimes fall into the specific one. Thus, ultimately we feel that we are not that different from white collar criminals, because we would act the same in their position, and that is why we don't want to punish them as much as violent offenders. We feel that violent offenders are very different from us, and have no moral standing. White collar criminals are really just like us, except they aren't afraid of the law. Violent criminals are pathological and dangerous.

Before you say "I'd never commit fraud against my customers" or something like that, let's consider a simpler example. Insider Trading. You are not allowed to spread knowledge about your company in private. That is, suppose you're the CEO of Intel, and you have this giant chip coming out that's going to be huge. You can't tell your friend that this is happening and advise him to buy stock. If you tell someone, you have to tell everyone publicly. Certainly, people would do it hand over fist if the law didn't exist. Yet it's something that damages the people that aren't in the know. How is it really different from fraud? Or how about this, you and your competitor agree to pay a certain amount to your employees. Hey, you're saving money, you're not tricking anyone, why wouldn't you do it? Well, it's illegal, and it hurts the employees.

So, my alternative explanation is that White Collar Crime is punished less because we feel more empathy towards those criminals, than we do towards the Violent ones.