Abstract
This Article examines the use of corporate culpability in the Federal Sentencing Guidelines. The Author begins by discussing the principal reasons why culpability has been important at the trial and sentencing of individuals, and argues that similar reasons justify concern with culpability in corporate sentencing. She contends that of the three prevailing theories of corporate culpability, the "corporate character theory" is the most satisfying, and is particularly well-suited for use at the sentencing stage, where judges engage in an assessment of the character of offenders. Finally, the Author argues that a version of the corporate character theory informs the Federal Sentencing Guidelines for Organizations. She concludes that the adoption of the theory enables the Guidelines to pursue a wider range of sentencing aims that is traditional in the sentencing of corporations, and represents a step toward a fairer, more unified, and more effective corporate criminal law.
How to Cite
34 Ariz. L. Rev. 743 (1992)
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