Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines

No Thumbnail Available

Authors

Nicole Leeper Piquero
Jason L. Davis

Issue Date

Type

Journal Article, Academic Journal

Language

Keywords

Research Projects

Organizational Units

Journal Issue

Alternative Title

Abstract

The Federal Sentencing Guidelines were developed to provide uniform and standardized punishments for eliminating sentence disparities based on legally irrelevant factors. While research at the individual level showed that extralegal factors continued to affect sentence outcomes, no such research determined if these factors influenced sentencing of organizational offenders. This article extends the unit of analysis beyond the individual and toward organizational offenders to determine if total fine amounts are affected by extralegal organizational characteristics. Relying on post-1991 organizational defendant's data, the findings indicated both legal and extralegal factors significantly affected fine outcomes for organizational offenders. As expected, several legal factors significantly affected fine outcomes. At least two extralegal variables, economically solvent and closely held organizations, however, exerted significant effects in predicting the total fine amount imposed. Similar to research at the individual level, this study indicated that extralegal or legally irrelevant factors had some level of impact upon sentencing under the guidelines.

Description

Citation

Publisher

License

Journal

Volume

Issue

PubMed ID

DOI

ISSN

EISSN

Collections