Suchergebnisse

The little-known but outrageous practice allowed judges to enhance defendants' sentences using conduct a jury acquitted them of.

The first Federal Sentencing Guidelines for Organizational Defendants ("Guidelines") became effective on November 1, 1991.' The Guidelines represent the federal government's latest action in the developing area of organizational sanctions and are the result of three years of work and several prior draft proposals by the United States Sentencing Commission. Part II of this Recent Development examines past legal and theoretical approaches to the problem of organizational sentencing. Part III describes both the past and present efforts of the United States Sentencing Commission to promulgate sentencing guidelines for organizations. Part IV analyzes the new Guidelines in light of the statutory purposes and prevailing theories of organizational sentencing. Part V presents proposed amendments to the new Guidelines.

As part of federal organizational sentencing guidelines enacted on 1 November 1991, the United States Sentencing Commission included organizational probation. This sanction allows courts to place convicted corporations on probation, with conditions designed to reduce the likelihood of future law violations and remedy the effects of the original offense. This article explores the history, development, and significance of organizational probation. Its statutory foundations, rejection of market logic, linkage to organizational theory, and approach to regulatory relations are identified as its theoretical strengths. The forces shaping this unexpected legal outcome, particularly legitimacy concerns on the part of the Sentencing Commission and a business strategy of opposing the Sentencing Commission itself, rather than its specific proposals, are also outlined. The conclusion addresses the prospects for enforcement of organizational probation.

"A publication of the Federal Judicial Center" ; Description based on: Vol. 7, no. 10 (Aug. 10, 1995); title from caption. ; Distributed periodically by the Center to inform judges and other judicial personnel of selected federal court decisions on the sentencing reform legislation of 1984 and 1987 and the sentencing guidelines. ; Mode of access: Internet. ; Cumulated by: Guideline sentencing update (Cumulated version)