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NCJ Number: 120559 Find in a Library
Title: Corporate Crime and Punishment: A Study of Social Harm and Sentencing Practice in the Federal Courts, 1984-1987
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:605-660
Author(s): M A Cohen
Date Published: 1989
Page Count: 56
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article reports on a study of Federal criminal prosecutions of corporations from 1984 through 1987, with emphasis on the extent to which current sentencing practice reflects the social harm caused by criminal activity.
Abstract: The study sample includes 288 corporate offenders sentenced between 1984 and 1987, but does not include antitrust violators. Data were obtained from the Master File of the Administrative Office of the United States Courts and the Federal Probation Sentencing and Supervision Information System, with supplementation from Presentence Investigation Reports and Judgment and Probation/Commitment Orders. To preserve confidentiality, no references are made to docket numbers or the names of corporate offenders. Possible sources of bias in the data are discussed. Eighty-nine percent of all convicted offenders in the sample received a fine, while sixteen percent received orders to pay restitution. Civil penalties, along with forms of voluntary or court-ordered payments were present in 19 percent of the cases. The study concludes that because monetary harm had been estimated in 178 of the 288 cases in the sample, estimates of monetary harm might be used to formulate corporate sentencing guidelines or to evaluate the appropriateness of current sentencing practices. 133 footnotes.
Main Term(s): White collar crime
Index Term(s): Corporate criminal liability; Fines; Sentencing reform; Sentencing trends
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