NCJ Number
97036
Journal
Fordham Law Review Volume: 52 Issue: 4 Dated: (March 1984) Pages: 637-662
Date Published
1983
Length
26 pages
Annotation
By expanding the goals of probation to include deterrence and punishment as well as rehabilitation, the proposed Comprehensive Crime Control (CCC) Bill is a more appropriate sentencing vehicle for corporate crime than the Probation Act.
Abstract
The CCC also establishes a National Sentencing Commission to help courts choose the most effective probation conditions for corporate wrongdoers, to be a safeguard against inappropriate conditions, and to develop and review creative sentencing guidelines. Because of the dearth of statutory alternatives to fines for corporate wrongdoers, courts use the Probation Act to control institutional crime. No agreement exists on effective sanctions for the control of corporate crime. Courts should not be eager to wield their discretionary powers in these cases and should not use the Probation Act to develop and impose unusual probation conditions unless these conditions serve the rehabilitative goal of the act. Courts that invoke the act to expand their sentencing alternatives beyond rehabilitation are relying on an outmoded model of sentencing. Based on discretion, this model is now recognized as having produced an incoherent and unfair sentencing system. Furthermore, the considerable doubt as to whether rehabilitation is a proper goal of sentencing makes using the Probation Act to sentence corporate offenders inappropriate. The proposed CCC bill provides a firmer statutory basis for corporate probation. The modified Probation Act contained in the CCC Bill can meet the additional goals of deterrence and punishment. A total of 190 footnotes are provided.