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Regulating Corporate Criminal Sanctions: Federal Guidelines and the Sentencing of Public Firms

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  • Alexander, Cindy R
  • Arlen, Jennifer
  • Cohen, Mark A

Abstract

Federal Sentencing Guidelines Governing Organizations purport to constrain judicial discretion over corporate criminal penalties. We investigate the effect on courts' sentencing decisions using pre- and post-Guidelines data, including evidence on cases and penalties that the Guidelines do not completely control. We find that fines and total penalties are higher than they were previously. Evidence that fines increased more in Guidelines-constrained cases than elsewhere suggests the effort to constrain judicial discretion has had a direct effect. Evidence of higher total penalties, even in cases not directly constrained by the Guidelines, suggests that judges may have cooperated with the policy of imposing higher fines and total sanctions, although not to the extent that the Guidelines prescribe. Our findings are inconsistent with the basic attitudinal model from the political science literature. We explore other forces that may be at work. Copyright 1999 by the University of Chicago.

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  • Alexander, Cindy R & Arlen, Jennifer & Cohen, Mark A, 1999. "Regulating Corporate Criminal Sanctions: Federal Guidelines and the Sentencing of Public Firms," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 393-422, April.
    • Handle: RePEc:ucp:jlawec:v:42:y:1999:i:1:p:393-422
    DOI: 10.1086/467430
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    References listed on IDEAS

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    1. Spiller, Pablo T & Spitzer, Matthew L, 1995. "Where Is the Sin in Sincere? Sophisticated Manipulation of Sincere Judicial Voters (With Applications to Other Voting Environments)," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(1), pages 32-63, April.
    2. Alexander, Cindy R, 1999. "On the Nature of the Reputational Penalty for Corporate Crime: Evidence," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 489-526, April.
    3. Karpoff, Jonathan M & Lott, John R, Jr, 1993. "The Reputational Penalty Firms Bear from Committing Criminal Fraud," Journal of Law and Economics, University of Chicago Press, vol. 36(2), pages 757-802, October.
    4. Upadhyaya, Kamal P. & Raymond, Jeannie E. & Mixon, Franklin Jr., 1997. "The economic theory of regulation versus alternative theories for the electric utilities industry: A simultaneous probit model," Resource and Energy Economics, Elsevier, vol. 19(3), pages 191-202, August.
    5. Kessler, Daniel P & Piehl, Anne Morrison, 1998. "The Role of Discretion in the Criminal Justice System," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 14(2), pages 256-276, October.
    6. Alexander, Cindy R. & Cohen, Mark A., 1999. "Why do corporations become criminals? Ownership, hidden actions, and crime as an agency cost," Journal of Corporate Finance, Elsevier, vol. 5(1), pages 1-34, March.
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    Cited by:

    1. Piquero, Nicole Leeper & Davis, Jason L., 2004. "Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines," Journal of Criminal Justice, Elsevier, vol. 32(6), pages 643-654.
    2. Nuno Garoupa, 2000. "Corporate criminal law and organization incentives: a managerial perspective," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 21(6), pages 243-252.
    3. Cécile Bourreau-Dubois & Myriam Doriat-Duban & Bruno Jeandidier & Jean-Claude Ray, 2023. "Do child support guidelines result in lower inter-judge disparity? The case of the French advisory child support guidelines," European Journal of Law and Economics, Springer, vol. 55(1), pages 87-116, February.
    4. Paolo Polidori & D?sir?e Teobaldelli, 2012. "Corporate Criminal Liability and Optimal Behavior by Firms.Internal Monitoring Devices versus Managerial Incentives," Working Papers 1216, University of Urbino Carlo Bo, Department of Economics, Society & Politics - Scientific Committee - L. Stefanini & G. Travaglini, revised 2012.
    5. Paolo Polidori & Désirée Teobaldelli, 2018. "Corporate criminal liability and optimal firm behavior: internal monitoring versus managerial incentives," European Journal of Law and Economics, Springer, vol. 45(2), pages 251-284, April.
    6. Cécile Bourreau-Dubois & Bruno Deffains & Myriam Doriat-Duban & Bruno Jeandidier, 2021. "Guidelines: Decision-Making Tools for Litigantsand Judges [Les barèmes, outils d’aide à la décision pour les justiciables et les juges]," Post-Print hal-03054417, HAL.
    7. Baumann Florian & Friehe Tim, 2016. "Competitive Pressure and Corporate Crime," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 16(2), pages 647-687, April.
    8. Alexander, Cindy R, 1999. "On the Nature of the Reputational Penalty for Corporate Crime: Evidence," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 489-526, April.
    9. Eric Helland & Alexander Tabarrok, 2003. "Race, Poverty, and American Tort Awards: Evidence from Three Data Sets," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 27-58, January.

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