NCJ Number
84475
Journal
Journal of Criminal Law and Criminality Volume: 73 Issue: 2 Dated: (Summer 1982) Pages: 604-641
Date Published
1982
Length
38 pages
Annotation
This article suggests that occupational disqualification of corporate executives convicted of criminal violations would provide an effective and innovative sanction to such behavior.
Abstract
Corporate crime may damage society by jeopardizing public health and through price fixing and fraudulent distortion of market prices. In addition, crimes committed by prominent businessmen establish a basis of rationalization for other offenders. Judges and legislators must therefore select optimal mixes of criminal, civil, administrative, and private remedies for corporate criminals. Since retribution, rehabilitation, and incapacitation are deemed unnecessary or unachievable by many judges, it is suggested that executive disqualification would provide an effective strategy for dealing with corporate offenders. Disqualification would penalize the convicted executive by prohibiting certain work opportunities and by preventing corporations from indemnifying a convicted executive through benefits and bonuses. Finally, disqualification would help to change attitudes towards crime within the corporation and would provide a response to the inability of traditional penalties to punish and deter offenders. The article provides 212 footnotes.