What About Organizational Defendants? They're Affected as Well

Assessing the Differential Effects of Race and Ethnicity on Sentence Outcomes Under Different Sentencing Systems

“…One potential policy implication of the findings here and in prior research bears mention. Recent Supreme Court decisions, including Blakely v. Washington [542 U.S. 296 (2004)] and United States v. Booker [543 U.S. 220 (2005)], have been viewed as threatening the existence and current operations of sentencing guidelines at both the state and federal levels (Piquero, 2007, p. 494). The decisions have led legal scholars to argue that “the U.S. Supreme Court may have taken us backward to indeterminate sentencing, by complicating the guideline movement” (Hunt, 2007, p. 485).…”

“…At least 18 states and the District of Columbia have adopted sentencing guidelines (Frase, 2005). Some differences exist across these different systems, especially the specifics concerning recommended or mandated sanctions for particular offenses, but many commonalities exist as well (Piquero, 2007). The most prominent similarity involves a focus on increasing uniformity and reducing disparity (Hofer, 2007).…”

The Deterrent Effect of Federal Corporate Prosecution Agreements: An Exploratory Analysis

“…It is helpful to note critical criminologists’ reminder that the state either often or always moves in lockstep with the interests of the powerful in society, including corporations (Barak, 2017; Stretesky et al, 2014). Perhaps a more prosaic reason for the paucity of research on corporate crime and sentencing is disagreement concerning the status of corporations as criminal actors, and the criminal liability of organizations in general (Piquero, 2007). The U.S. is one of the few countries in the world that permits the criminal prosecution of companies as well as individuals.…”

“…While much attention has been given to the impacts on individual sentencing post- Booker , relatively little attention has been paid to organizational sentencing. Piquero (2007) notes that “[ Booker ’s] impact on organizational guidelines and sentences is not quite as clear [as for individual sentencing changes] and it will not be an easy research endeavor to determine it.” (p. 499)…”