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

• Published in: Journal of criminal justice Vol. 32; no. 6; pp. 643 - 654
• Main Authors: Piquero, Nicole Leeper, Davis, Jason L.
• Format: Journal Article
• Language: English
• Published: New York Elsevier Ltd 01.11.2004; Elsevier; Elsevier Science Ltd
• Series: Journal of Criminal Justice
• Subjects: Corporate crime; Criminal justice; Criminal sentences; Fines; Guidelines; Organizations; Sentencing; USA
• ISSN: 0047-2352; 1873-6203
• DOI: 10.1016/j.jcrimjus.2004.08.001

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.