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Organizational Probation and the U.S. Sentencing Commission

NCJ Number
150646
Journal
Annals of the American Academy of Political and Social Science Volume: 525 Dated: (January 1993) Pages: 157-169
Author(s)
W S Lofquist
Date Published
1993
Length
13 pages
Annotation
As part of Federal sentencing guidelines enacted in November 1991, the U.S. Sentencing Commission included organizational probation for corporate offenders.
Abstract
The organizational probation sanction allows courts to place convicted corporations on probation, with conditions designed to reduce the likelihood of future law violations and to remedy effects of the original offense. In exploring the history, development, and significance of organizational probation, the author identifies its statutory foundations, rejection of market logic, link to organizational theory, and approach to regulatory relations as theoretical strengths. Boundaries of corporate criminal liability, the utility of incorporating organizational probation in sentencing guidelines, and prospects for enforcing organizational probation are discussed. 41 footnotes

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