NCJ Number
140537
Journal
American Criminal Law Review Volume: 29 Issue: 3 Dated: (Spring 1992) Pages: 961-1024
Date Published
1992
Length
64 pages
Annotation
This article argues for the coordination of both civil and criminal sanctions at the sentencing stage for cases that involve corporate misconduct.
Abstract
For organizations, particularly corporations, there is scant distinction between civil and criminal law. The number and variety of collateral sanctions imposed on a corporation, either before or after criminal conviction, renders incoherent the current justice system. Some sanctions apply only to an industry, and other sanctions apply across a whole range of industries. Some sanctions are meted out at the State and local levels, and others are assessed by the Federal Government. A coherent justice system requires that civil and criminal sanctions be considered together at the sentencing stage. Several important legal theories support this conclusion. A sound theory of criminal law, based on either deterrence or retribution, suggests coordination of the sanctions. Similarly, under any theory of corporate law, a more global approach is preferable to the current piecemeal system. Most important, the U.S. Supreme Court has emphasized that unless criminal and civil penalties are considered together, double jeopardy problems will ensue. The new sentencing guidelines for organizations significantly increase the penalties proposed for corporations and replace judicial discretion with an ordered system. The promulgation of such guidelines presents the perfect opportunity to begin coordinating criminal penalties with civil collateral consequences. 390 footnotes