Organizational Sentencing Guidelines: The Cart Before the Horse

Abstract

Part I of this Article provides a brief overview of the Guidelines and discusses how they define and measure corporate culpability. Part II describes and critiques the current standards for assessing corporate criminal liability. Part III proposes a new standard of corporate criminal liability that builds upon premises inherent in the Guidelines. Finally, Part IV addresses the question of whether a need remains for a new standard of corporate criminal liability in light of the federal organizational Sentencing Guidelines.

Keywords

Criminal liability of juristic persons, Sentencing guidelines (Criminal procedure)

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Pamela H. Bucy (University of Alabama School of Law)

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