The role of blameworthiness in the federal probation sentencing of corporate environmental offenders
| DOI | https://doi.org/10.1108/JFC-02-2022-0054 |
| Published date | 11 April 2022 |
| Date | 11 April 2022 |
| Pages | 650-664 |
| Subject Matter | Accounting & finance,Financial risk/company failure,Financial crime |
| Author | Emily M. Homer,George E. Higgins |
The role of blameworthiness in
the federal probation sentencing
of corporate
environmental offenders
Emily M. Homer
Department of Sociology and Criminal Justice,
Texas A&M University Commerce, Commerce, Texas, USA, and
George E. Higgins
Department of Criminal Justice, University of Louisville, Louisville, Kentucky, USA
Abstract
Purpose –The purpose of this study is to investigatethe federal sentencing of organizational probationfor
environmentaloffenders using the focal concerns. Those organizations that are more blameworthyshould be
sentenced to longer probation terms. However, little research has been conducted to examine whether
probation is beingsentenced accordingly. This is especially true fororganizations 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 eightpotential measures of blameworthiness grounded in the focal concerns.
Findings –The results showed that thoseorganizations convicted of environmental crimes received30%
longer probation sentences than those not convicted of environmental crimes. However, additional
measurements of blameworthinessderived from the existing literatureof focal concerns were not relevant to
probationsentencing decisions.
Originality/value –This study extends the application of the focal concerns and increases the body of
knowledgeregarding the sentencing of federal environmental offenders.
Keywords Corporate crime, Focal concerns, Blameworthiness, Environmental crime,
Corporate sentencing, Organizational probation
Paper type Research paper
In our society, corporate crime is an unfortunate reality. Corporate crime can be thought of
as criminal activity in which an organization financially benefitsfrom a crime (Braithwaite
and Geis, 1982). This type of criminal behavior has important societal implications that
researchers have examined over several decades. Sutherland (1983) showedthat more than
60% of organizations that had been convicted of crimes were repeat offenders. More recent
data demonstrate that workplacecrime persists: members from the Association of Certified
Fraud Examiners (2020), who studiedknown workplace financial crimes from January 2018
to September 2019, identified2,504 crimes across 125 countries that tallied more than $3.6bn
in losses.
Organizations convicted on the federal level are subjected to punishment just like
individuals who have been convicted of crimes. The United States Sentencing
Guidelines (USSG) suggest parameters regarding penalties, but the ultimate discretion
on which penalties to apply lies with judges (Lavenue, 1992; United States Sentencing
JFC
30,3
650
Journalof Financial Crime
Vol.30 No. 3, 2023
pp. 650-664
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-02-2022-0054
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