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NCJRS Abstract

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NCJ Number: 126646 Find in a Library
Title: Sentencing Options Against Corporations
Journal: Criminal Law Forum  Volume:1  Issue:2  Dated:(Winter 1990)  Pages:211-258
Author(s): B Fisse
Date Published: 1990
Page Count: 48
Type: Best Practice/State-of-the-Art Review
Format: Article
Language: English
Country: United States of America
Annotation: The sanctions currently available against the corporate entity are often ineffectual, as the prosecution is frequently unable to obtain convictions against corporate personnel or owners.
Abstract: The common law has traditionally resorted to fines and other monetary sanctions which corporations tend to regard as an insignificant cost of doing business. The proposed codifications can and should develop a range of powerful punishments to address the entire spectrum of corporate crime. A major weakness of monetary sanctions against corporations is the unwillingness of courts and legislators to set fines and penalties high enough to provide a real deterrent. Also, fines do not emphatically convey the message that serious corporate offenses are socially intolerable. More promising alternative sanctions include stock dilution (equity fines), probation and punitive injunctions, adverse publicity, and community service. These approaches are promising because they increase the variety of deterrent, retributive, and rehabilitative measures available against corporations and in so doing circumvent some of the major limitations of monetary sanctions. 167 footnotes
Main Term(s): Corporate crimes; Sentence effectiveness
Index Term(s): Professional misconduct; Sentencing recommendations
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=126646

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