Author:
Homer Emily M.,Higgins George E.
Abstract
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.
Subject
Law,General Economics, Econometrics and Finance
Reference49 articles.
1. Evaluating trends in corporate sentencing: How reliable are the U.S. sentencing commission’s data?;Federal Sentencing Reporter,2000
2. Association of Certified Fraud Examiners (2020), “Report to the nations: 2020 global study on occupational fraud and abuse”, available at: https://acfepublic.s3-us-west-2.amazonaws.com/2020-Report-to-the-Nations.pdf
3. On theory and action for corporate crime control;Crime and Delinquency,1982
4. A preliminary assessment of the impact of plea bargaining among a sample of waiver-eligible offenders;Youth Violence and Juvenile Justice,2015