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To Let the Punishment Fit the Organization: Sanctioning Corporate Offenders Through Corporate Probation

NCJ Number
117136
Journal
American Journal of Criminal Law Volume: 16 Issue: 1 Dated: (Fall 1988) Pages: 1-106
Author(s)
R Gruner
Date Published
1988
Length
106 pages
Annotation
This article examines probation for corporate crimes from several perspectives and reasons that the sentencing Reform Act of 1984 establishes workable procedures for developing and implementing sophisticated corporate probation terms.
Abstract
More than a means of mitigating corporate punishment, corporate probation is a flexible vehicle for imposing a wide range of sanctions having the common feature of continued judicial control over aspects of corporate conduct. Through the proper tailoring of these conduct restrictions, corporate probation can be used to punish, deter, incapacitate, or rehabilitate corporate offenders. This article first reviews past instances of corporate probation to gauge both the sentencing goals involved and the problems encountered. It then outlines provisions of the Sentencing Reform Act of 1984 that govern corporate probation. It identifies standards for judicial review of corporate probation terms, including possible constitutional constraints on such terms. Finally, it examines the merits of judicial intervention in internal corporate processes as a corporate probation strategy. The article concludes that although the full potential of corporate probation as a criminal sanction remains to be proven, the Sentencing Reform Act of 1984 provides the necessary ingredients for success. 501 footnotes.

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