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NCJRS Abstract

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NCJ Number: 236264 Find in a Library
Title: Corporate Criminal Liability
Journal: American Criminal Law Review  Volume:48  Issue:2  Dated:Spring 2011  Pages:421-453
Author(s): Sarah Kelly-Kilgore; Emily M. Smith
Date Published: 2011
Page Count: 33
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article outlines the principles that guide the law of corporate criminal liability
Abstract: One section of the article reviews the three elements required to incur corporate criminal liability. Courts hold a corporation vicariously liable for the acts of an employee if the individual acted within the scope and nature of his/her employment; if the individual acted, at least in part, to benefit the corporation; and if the act and intent of the individual can be imputed to the corporation. Another section discusses “Organizational Sentencing Guidelines.” Under Federal law, corporations are punished pursuant to the Organizational Sentencing Guidelines. Punishment consists of a fine that is calculated post-conviction, based on either the victim’s loss or the defendant’s gain, multiplied by a factor specified in the U.S. Sentencing Guidelines promulgated by the U.S. Sentencing Commission. The U.S. Supreme Court has held the Sentencing guidelines to be advisory only. Still, the analysis of the guidelines provided in this article remains relevant despite their advisory nature. The issues discussed are controls on prosecutorial discretion, general principles, organizations covered by chapter 8 of the Sentencing Guidelines, and the purpose and effect of the guidelines. An overview of Organizational Guidelines provisions considers the offenses covered and sanctions permitted. The Organizational guidelines apply to all Federal felonies and Class A misdemeanors. There are three types of sanctions for convicted organizations. First, the court must order the organization to remedy harm caused by the offense; second, probation may be used to ensure that another sanction will be fully implemented, or to ensure that steps will be taken within the organization to reduce the likelihood of future criminal conduct. Third, the guidelines authorize the imposition of monetary fines. The remainder of this section of the article examines each of these sanctions in detail. 229 notes
Main Term(s): Criminology
Index Term(s): Corporate crimes; Corporate criminal liability; Corporate sentencing; Federal sentencing guidelines
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