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Date: November 25, 2024 Mon
Time: 8:12 pm
Time: 8:12 pm
Results for convictions
3 results foundAuthor: Graham, Kyle Title: Crimes, Widgets, and Plea Bargaining: An Analysis of Charge Content, Pleas, and Trials Summary: This article considers how the composition and gravamen of a charged crime can affect the parties’ willingness and ability to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations. In fact, one leading commentator has likened crimes to widgets insofar as plea bargaining is concerned. In developing its counter-thesis, this article reviews seven years of federal conviction data, focusing on those crimes that produce the most and fewest trials relative to how often they are alleged; the most and fewest acquittals at trial; and the most and fewest plea bargains that involve a substantial alteration in charges. Overall, the data demonstrate that the character of and circumstances that surround a particular offense can catalyze or frustrate plea bargaining. Similar information to that utilized in and gleaned from this study, it is also argued, can and should be considered in connection with the adoption of new crimes and the re-evaluation of existing offenses. This information would provide legislatures with insight into how a proposed crime is likely to be utilized, and how current crimes are being used. Details: Unpublished, 2012. 58p. California Law Review, Forthicoming. Source: Internet Resource: Accessed March 20, 2012 at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2004194 Year: 0 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2004194 Shelf Number: 124611 Keywords: ConvictionsLegislationPlea BargainingProsecutorial DiscretionProsecutorsTrials |
Author: Markoff, Gabriel H. Title: Arthur Andersen and the Myth of the Corporate Death Penalty: Corporate Criminal Convictions in the Twenty-First Century Summary: The conventional wisdom states that prosecuting corporations can subject them to terrible collateral consequences that risk putting them out of business and causing massive social and economic harm. Under this viewpoint, which has come to dominate the literature following the demise of Arthur Andersen after that firm’s prosecution in the wake of the Enron scandal, even a criminal indictment can be a “corporate death penalty.” The Department of Justice (“DOJ”) has implicitly accepted this view by declining to prosecute many large companies in favor of using criminal settlements called deferred prosecution agreements, or “DPAs.” Yet, there is no evidence to support the existence of the “Andersen Effect” and the much-hyped corporate death penalty. Indeed, no one has ever empirically studied what happens to companies after conviction. In this Article, I do just that. Using the database of organizational convictions made publicly available by Professor Brandon Garrett, I find that no publicly traded company failed because of a conviction in the years 2001–2010. Moreover, many convictions included plea agreements imposing compliance programs that advocates have pointed to as a key justification for using DPAs. Because corporate convictions do not have the terrible consequences they were assumed to have, and because they can be used to obtain compliance programs just as DPAs can, the DOJ should prosecute more lawbreaking companies and reserve DPAs for extraordinary circumstances. In the absence of some other justification for using DPAs, the DOJ should exploit the stronger deterrent value of corporate prosecution to its full capacity. Details: Social Science Research Network, 2012. 47p. Source: Working Paper: Internet Resource: Accessed September 13, 2012 at https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2143925_code1710157.pdf?abstractid=2132242&mirid=1 Year: 2012 Country: United States URL: https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2143925_code1710157.pdf?abstractid=2132242&mirid=1 Shelf Number: 126343 Keywords: ConvictionsCorporate CrimeCorporate Death PenaltyProsecutionWhite-Collar Crime |
Author: Le Goaziou, Veronique Title: Rape Cases Brought to Assizes Courts: Typology and Geographical Variations Summary: While homicides have declined steadily in France since the mid 1980s, convictions for rape tripled between the second half of the 1980s and the close of the 1990s, then stagnated in the 2000s (see figure 1). This makes rape by far the crime most frequently tried by Assizes Courts. It is also an increasingly severely punished crime. Whereas in 1984 only 18% of prison sentences punishing this crime exceeded 10 years, in 2008 the figure had risen to 43%. Last, there is not only increased severity, but an increasing tendency to report this crime, one which victims rarely reported in earlier times. Rape cases therefore exemplify the trend toward criminalisation so characteristic of present-day society, with its increasing intolerance and denunciation of interpersonal violence (especially when committed on women or children). According to two major victimisation surveys conducted in 2000 and 2006, the number of rapes reported to pollsters did not increase in the meanwhile, whereas the number of rapes reported to the police did. But only 5 to 10% of victims, depending on the study, lodged a complaint with the police or the gendarmerie. The reality of the courts is a far throw from the social reality, then. The object of the present paper, based on the analysis of 425 rape cases heard by Assizes courts (see below), is to explore the variety of behaviour coming under the legal category of rape as defined by article 222-223 of the French Criminal Code and the following three articles describing specific aggravating circumstances. Details: Guyancourt, France: Centre de Recherches Sociologiques sur le Droit et les Institutions Penales (CESDIP), 2010. 4p. Source: Penal Issues, September 2010: Internet Resource: Accessed October 8, 2012 at http://www.cesdip.fr/IMG/pdf/PI_09_2010.pdf Year: 2010 Country: France URL: http://www.cesdip.fr/IMG/pdf/PI_09_2010.pdf Shelf Number: 126644 Keywords: ConvictionsCrime StatisticsProsecutions (France)Rape (France)Sexual Violence |