NCJ Number
131288
Date Published
1988
Length
247 pages
Annotation
This volume contains discussion materials compiled by the U.S. Sentencing Commission to encourage public analysis and comment on the development of sentencing standards for organizations convicted of Federal crimes.
Abstract
The Comprehensive Crime Control Act of 1984 sets the same broad objectives for sentencing organizations as for individuals. Differences exist, however, between individuals and organizations in terms of available sentencing options, standards of criminal liability, and the importance of collateral remedies outside the criminal justice system. Draft sentencing guidelines and policy statements for organizations incorporate three basic principles: (1) total monetary sanction is determined by multiplying the loss caused by the offense times a multiple representing the difficulty of detecting and punishing the offender and adding enforcement costs; (2) nonmonetary sanctions are added as necessary to reinforce the monetary sanction; and (3) criminal and civil sanctions are coordinated. Guidelines for evaluating an organization's offense conduct focus on the offense loss, the offense multiple, and enforcement costs. Additional guidelines are given for determining an organization's total monetary sanction and for implementing the sanction through the sentencing options of restitution, forfeitures, and fines. The volume also covers victim notification, standards for organizational probation, the sentencing of organizations in Federal courts during the 1984-1987 period, criminal sentencing policy for organizations, and organizational sanction standards established by the American Bar Association. Footnotes and tables