Identity Theft

Identity theft attacks the credit of American citizens, and threatens homeland security. This is a serious problem that the President, on July 15, 2004, signed the Identity Theft Penalty Enhancement Act to implement harsher sentences on this growing crime. According to the Washington Post online "Identity theft topped the list of consumer fraud complaints to the Federal Trade Commission in 2003, accounting for more than half of all the complaints tracked by the agency. The FTC recorded 214,905 cases of identity theft in 2003, up from 161,836 in 2002." http://www.washingtonpost.com/wp-dyn/articles/A51595-2004Jul15.html

If I were in the position to impose sentencing on an individual charged with identity fraud, there would be several things that I would question before imposing a sentence. First, is this his/her first offense? Did he/she take advantage of someone who is disabled or a senior citizen? What was this person's life like outside of the crime? What I will propose is the sentence for this type of crime, but in getting answers to these questions, it may determine the type of retribution, rehabilitation, and restitution that will be handed down. In being a judge able to impose sentencing for this type of crime, I will impose retribution, incapacitation, deterrence, rehabilitation, and restitution.

Retribution- There will be a sentence of 2-5 years for first offence, and no more than 20 years, depending on if this is his/her first offense. These are mandatory sentences, with no option for early release.

Incapacitation- While in prison hopefully he/she will not be able to continue to defraud people from inside prison.

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Deterrence- Being incarcerated will hopefully prevent the offender from committing any crimes of identity theft, and prevent other people who are thinking of committing this type of crime.

Rehabilitation- After being released from prison the offender will be on probation for a period of 2-5 years depending on the severity of the crime. There will be counseling to reduce the possibility of the offender re-offending.

Restitution- I would order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim.