Sunday, March 25, 2007

Scholarship on Organizational Sentencing

Three pieces in the latest edition of the Yale Pocket Part discuss the organizational sentencing guidelines.  All present thoughtful commentary on organizational sentencing.

The first What Booker Means for Convicted Corporations,  by Timothy A. Johnson, argues "that Booker’s logic should apply to the Organizational Sentencing Guidelines just as it does to the rest of the Sentencing Guidelines." 

In response, co-blogger Peter Henning has a piece titled "The Organizational Guidelines: R.I.P.?". Professor Henning notes that "[t]he time has come to bury the Organizational Guidelines now that prosecutors can achieve the goal of reforming corporate cultures through deferred and non-prosecution agreements."  This piece makes important points regarding the recent McNulty Memo.

Christopher A. Wray & Robert K. Hur also respond to Johnson's piece in one titled, "The Power of the Corporate Charging Decision Over Corporate Conduct."  In their " Essay, [they] describe the Justice Department’s efforts to make prosecutors’ charging decisions more consistent, transparent, and predictable, and we suggest that the initial threat of corporate criminal charges has far broader and deeper effects on American businesses’ behavior than does the prospect of sentencing itself."

(esp)

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