Problem gambling is commonly considered a gateway into crime. Recently, there have been many cases of fraud and theft that could be traced back to gambling addiction. These types of crimes have increased over the course of the past few years, and it begs an important issue: when problem gambling is involved in a crime, should the accused receive more leniency from the justice system?
An editorial in WA Today takes a closer look at the issue. Tom McCarthy notes that the current legislative framework is not equipped to deal with gambling-related crimes, and now seems to be the time to change this. Mr McCarthy sheds some light on a double-standard that exists in the current justice system. Both cases involved the accused committing fraud worth millions of dollars in order to fund their gambling addictions.
In one case, the accused received a lighter sentence due to her depression. In the other, the judge did not recognize the link between the accused’s gambling addiction and their own psychological disorder.
As such, the justice system needs to develop guidelines with regards to gambling addictions. In which cases should problem gamblers receive lighter punishments and in which cases should they receive the same sentencing as any other criminal? “To absolutely deny gambling addiction as a cause for leaner sentencing could see otherwise good people encounter the full wrath of the law,” writes Mr McCarthy.
“On the other hand, with problem gambling becoming so prominent, the last thing the courts want to do is appear weak on the issue by routinely allowing sentence reductions”. It is certainly a difficult issue, but it is one that does need to be dealt with soon.
It is important for the justice system to maintain a balance between recognizing the psychological effects of gambling addiction and determining appropriate penalties for criminals that commit fraud and theft to fund their addictions.
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