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January 1, 1993Law & Society Review20 citations

Legislating Organizational Probation: State Capacity, Business Power, and Corporate Crime Control

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WLWilliam S. Lofquist

Key Points

  • The aim is to analyze the emergence of organizational probation as a legal sanction and its implications for corporate crime control.
  • Utilized a multi-theoretical framework to examine the development of organizational sentencing guidelines.
  • Explored the roles of the United States Sentencing Commission and middle-level state workers.
  • Analyzed strategic decision-making processes among business strategists and lobbyists.
  • Organizational probation emerged as a binding sanction despite a prevailing deregulatory market ideology.
  • The findings reveal the significant influence of state capacity and market dynamics on legislative outcomes.
  • The study uncovers the complex interplay between lawmaking agencies and business interests in shaping corporate crime control.

Abstract

This study examines the development of organizational probation. That this sanction emerged from the long process of developing organizational sentencing guidelines as a clearly specified, widely available, and often binding sanction represents an unexpected statutory outcome: an interventionist, nonmarket sanction during a time of deregulatory free market policy and ideology. This outcome is explained through a multi-theoretical framework emphasizing the structural capacity of the primary lawmaking agency, the United States Sentencing Commission, the role of middle-level state workers, and the bounded rationality of strategic decisions made by business strategists and lobbyists.

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Cite This Study

William S. Lofquist (1993) studied this question.

synapsesocial.com/papers/69eaf05a09b8b8313aa50417https://doi.org/10.2307/3053952
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