Controlling Corporate Crime

Clinard, Marshall B.; Yeager, Peter C.; Clinard, Ruth Blackburn

doi:10.4324/9781315080314-13

Cited by 9 publications

(11 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The number of employees was defined as “number of persons employed by organization” (USSC, 2019b, p. 19). Organizational size was included as a measure because some have cited that larger organizations tend to commit more crime (Clinard and Yeager, 1980). Additionally, the number of employees was part of the calculation of managerial tolerance (USSC, 2018).…”

Section: Methodsmentioning

confidence: 99%

The role of blameworthiness in the federal probation sentencing of corporate environmental offenders

Homer

Higgins

2022

JFC

View full text Add to dashboard Cite

Purpose The purpose of this study is to investigate the federal sentencing of organizational probation for environmental offenders using the focal concerns. Those organizations that are more blameworthy should be sentenced to longer probation terms. However, little research has been conducted to examine whether probation is being sentenced accordingly. This is especially true for organizations convicted of environmental offenses, which are often thought of as deserving of increased penalties compared to non-environmental offenses. Design/methodology/approach This study used quantitative federal sentencing data from 2011 to 2020 (n = 1,436) and eight potential measures of blameworthiness grounded in the focal concerns. Findings The results showed that those organizations convicted of environmental crimes received 30% longer probation sentences than those not convicted of environmental crimes. However, additional measurements of blameworthiness derived from the existing literature of focal concerns were not relevant to probation sentencing decisions. Originality/value This study extends the application of the focal concerns and increases the body of knowledge regarding the sentencing of federal environmental offenders.

show abstract

Section: Methodsmentioning

confidence: 99%

The role of blameworthiness in the federal probation sentencing of corporate environmental offenders

Homer

Higgins

2022

JFC

View full text Add to dashboard Cite

show abstract

“…1 Some of the same characteristics that can be interpreted as deserving harsher punishment for individuals may be similar to characteristics of corporations. For example, when considering the criminal history of corporations, scholars have found that many corporations are repeat violators (Clinard & Yeager, 1980; Sutherland, 1949/1983), potentially making them more blameworthy. Corporations can also be considered more blameworthy when upper-level management are aware and/or permissive of the criminal acts (Clinard & Yeager, 1980), when corporations have been charged with multiple criminal counts, when they have a higher base fine assessed.…”

Section: Literature Reviewmentioning

confidence: 99%

“…For example, when considering the criminal history of corporations, scholars have found that many corporations are repeat violators (Clinard & Yeager, 1980; Sutherland, 1949/1983), potentially making them more blameworthy. Corporations can also be considered more blameworthy when upper-level management are aware and/or permissive of the criminal acts (Clinard & Yeager, 1980), when corporations have been charged with multiple criminal counts, when they have a higher base fine assessed. Corporations that were created specifically for criminal purposes could be considered the most blameworthy, and under the USSG, criminal purpose corporations should be divested of all their assets upon sentencing (USSC, 2018).…”

Section: Literature Reviewmentioning

confidence: 99%

Community Service Sentencing for Corporations

Homer

Higgins

2020

Criminal Justice Policy Review

View full text Add to dashboard Cite

This study examines if judges sentence criminal corporations that are more blameworthy in the commission of crimes to community service penalties. This blameworthiness consideration is drawn from the focal concerns framework. The study uses data compiled by the U.S. Sentencing Commission from court documents for the cases of 1125 corporations that were sentenced in federal criminal courts nationwide between October 1, 2010, and September 30, 2017. Results showed that corporations with higher base fines were significantly more likely to be sentenced to terms of community service compared to those corporations with base fines. Policy implications are discussed.

show abstract

“…Industry may influence corporate crime by promoting a subculture of corporate illegality that provides learning opportunities for corporations operating within them (Baucus, 1994; Farberman, 1975). Corporations within an industry may ‘learn the necessary values, motives, rationalizations, and techniques favourable to particular kinds of crimes’ (Clinard and Yeager, 2006: 61). Sutherland (1949) has also suggested that criminal behaviour by the corporation and its executives often results from the diffusion of illegal practices within an industry.…”

Section: Introductionmentioning

confidence: 99%

Rule violations by SMEs: The influence of conduct within the industry, company culture and personal motives

Peeters

Denkers²,

Huisman³

2019

European Journal of Criminology

View full text Add to dashboard Cite

The literature suggests many different variables that may explain rule violations by companies. These can be categorized into variables at the industry level, such as the degree of rule violations, at the company level, such as the organizational culture, and at the individual level, such as personal or social norms. From the Dutch Tax Administration’s (2009) registration data, industries were selected with relatively low and relatively high tax correction rates. Within these industries, small and medium-sized enterprises (SMEs) with 20–150 employees were selected that either had received no (or negative) corrections or had received large positive corrections, resulting in a population of 1558 companies. In 194 of these SMEs, both the director and an employee were interviewed about violations of administrative, environmental and tax obligations, about their personal motives and about the ethical organizational culture. The results of the study show that all three levels of variables explain intentions to comply or to violate the rules. Ethical culture contributes to explaining the compliance intentions of both directors and employees. However, in contrast to previous research, about half of the SMEs cannot be characterized by a coherent ethical culture.

show abstract

Controlling Corporate Crime

Cited by 9 publications

References 0 publications

The role of blameworthiness in the federal probation sentencing of corporate environmental offenders

The role of blameworthiness in the federal probation sentencing of corporate environmental offenders

Community Service Sentencing for Corporations

Rule violations by SMEs: The influence of conduct within the industry, company culture and personal motives

Contact Info

Product

Resources

About