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Towards an Organizational Jurisprudence: Transforming Corporate Criminal Law through Federal Sentencing Reform

Abstract

The United States Sentencing Commission's sentencing guidelines for organizational offenders promise to transform corporate criminal prosecutions" and sentences. The guidelines incorporate new models of corporate crime deterrence and prevention. Large fines threatened under the guidelines and substantial fine reductions available to firms maintaining effective law compliance programs strongly encourage corporate managers to revise and expand crime prevention systems in corporate organizations.

Professor Gruner's Article describes the new organizational sentencing guidelines, the policy choices they embrace, key ambiguities in the guidelines, and changes the guidelines are likely to make in criminal law enforcement within corporate organizations.

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36 Ariz. L. Rev. 407 (1994)

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Authors

Richard S. Gruner (Whittier Law School)

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