NCJ Number
95002
Journal
Criminal Law Bulletin Volume: 20 Issue: 4 Dated: (July-August 1984) Pages: 355-360
Date Published
1984
Length
6 pages
Annotation
In describing community restitution, a development that provides an alternative disposition for corporate offenders, this column focuses on the legal aspect of this sanction and explores the history of the various sentencing alternatives that have led to the use of this sentence for corporate offenders.
Abstract
Community restitution sentences the corporate offender to payment of a fine. Payment of that fine is suspended and the corporation is placed on probation on the condition that it make specified payments to certain 'charitable' organizations. The eighth circuit on appeal, taking a contrary position to that adopted by the tenth circuit, found that the provisions of 18 U.S.C. #3815, providing for restitution as a condition of probation, did not limit the ability of the trial court to impose a monetary condition of probation. A factor that bears upon the eighth circuit's break with tradition is the development of probation for corporations. Another major change in judicial attitude supporting the eighth circuit was the acceptance of community service as a condition of probation. Cases subsequent to the eighth circuit's decision generally reject the tenth circuit's approach and permit the imposition of an order of community restitution for corporate offenders. Unless the Supreme Court intervenes, it is reasonable to assume that community restitution will become an accepted alternative for the disposition of corporate offenders. Thirty footnotes are provided.