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Organizations Convicted in Federal Criminal Courts, 1987-1998

Version
v2
Resource Type
Dataset : administrative records data
Creator
  • United States Sentencing Commission
Other Title
  • Version 2 (Subtitle)
Collective Title
  • Organizations Convicted in Federal Criminal Courts Series
Publication Date
1991-05-03
Funding Reference
  • United States Department of Justice. Office of Justice Programs. Bureau of Justice Statistics
Language
English
Free Keywords
convictions (law); corporate crime; corporate sentencing; defendants; disposition (legal); federal courts; federal offenses; fines; organizational structure; organizations; restitution programs; sentencing; sentencing guidelines
Description
  • Abstract

    These data, collected to assist in the development of sentencing guidelines, describe offense and sentencing characteristics for organizations sentenced in federal district courts in 1987-1998. The United States Sentencing Commission's primary function is to inform federal courts of sentencing policies and practices that include guidelines prescribing the appropriate form and severity of punishment for offenders convicted of federal crimes. Court-related variables include primary offense type, pecuniary offense loss and gain, dates of disposition and sentencing, method of determination of guilt, number of counts pled and charged, and dates and types of sentencing and restitution. Defendant organization variables include ownership structure, number of owners and employees, highest level of corporate knowledge of the criminal offense, highest level of corporate indictment and conviction for participation in the criminal offense, annual revenue, equity and financial status of the defendant organization, whether it was a criminal organization, duration of criminal activity, and risk to national security. Part 1, Organizational Defendants Data, 1988, describes offense and sentencing characteristics for organizations sentenced in federal district courts in 1988. Part 2, Organizational Defendants Data, 1989-1990, is a compilation of offense and sentencing characteristics for the population of organizations sentenced in federal district courts during the period January 1, 1989, to June 30, 1990. Part 3, Statute Data, 1989-1990, is a secondary component of the Commission's study that includes only the statutes of conviction and number of counts per conviction, during the period January 1, 1989, to June 30, 1990. Part 4, Organizational Defendants Data, 1987-1993, includes all organizational defendants sentenced pursuant to the Chapter Two, Part R (1987) antitrust guidelines and the Chapter Eight (1991) sentencing guidelines for organizational defendants that were sentenced between November 1, 1987, through September 30, 1993, and were received by the Commission. Part 5, Organizational Defendants Data, 1994, gives information on organizational defendants sentenced during fiscal year October 1, 1993, through September 30, 1994, and includes culpability scores and Chapter Eight (1991) culpability scoring procedures. Part 6, Organizational Defendants Data, 1995, covers fiscal year October 1, 1994, through September 30, 1995, and also includes culpability scores and Chapter Eight (1991) culpability scoring procedures. This file includes nine defendants sentenced pursuant to Section 2R1.1 (1987) and 111 defendants sentenced pursuant to the Chapter Eight guidelines. Part 7, Organizational Defendants Data, 1996, covers fiscal year October 1, 1995, through September 30, 1996. This file includes nine defendants sentenced pursuant to Section 2R1.1 (1987) and 157 defendants sentenced pursuant to the Chapter Eight guidelines. Part 8, Organizational Defendants Data, 1997, covers fiscal year October 1, 1996, through September 30, 1997. This file includes two defendants sentenced pursuant to Section 2R1.1 (1987) and 220 defendants sentenced pursuant to the Chapter Eight guidelines. Part 9, Organizational Defendants Data, 1998, covers fiscal year October 1, 1997, through September 30, 1998. This file includes one defendant sentenced pursuant to Section 2R1.1 (1987) and 218 defendants sentenced pursuant to the Chapter Eight guidelines, and one defendant for which complete guideline application information was not received. The database does not include organizational defendants sentenced pursuant to pre-guideline procedures.
  • Abstract

    The United States Sentencing Commission, established in the 98th Congress, is an independent agency in the Judicial Branch of government. The Commission's primary function is to promulgate sentencing policies and practices for the federal courts that include guidelines prescribing the appropriate form and severity of punishment for offenders convicted of federal crimes. As specified in 28 USC Statute #991(b), the sentencing guidelines established by the Commission are designed to: (1) effectuate just punishment, deterrence, incapacitation, and rehabilitation; and (2) provide certainty and fairness in meeting the purposes of sentencing by avoiding unwarranted disparity among offenders with similar characteristics convicted of similar criminal conduct, while permitting judicial flexibility to take into account relevant aggravating and mitigating factors. The Sentencing Reform Act of 1984 clearly articulated the sentencing options available for organizational defendants; according to 18 USC Statute # 3551(c), an organization convicted of a criminal offense shall be sentenced to a term of probation, payment of a fine, or both. The Act also highlighted the use of criminal forfeiture, notice to victims, and restitution as sentencing options. In an effort to inform its guidelines development process, the Commission continually analyzes sentencing practices in federal courts. This study was a survey of organizational sentencing practices is federal district courts during 1987-1998. Case materials were obtained from United States probation offices across the country and coded into an automated file. The resultant data set is a compilation of offense and sentencing characteristics for the population of organizations sentenced in federal district courts during 1987-1998.
  • Methods

    ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major statistical software formats as well as standard codebooks to accompany the data. In addition to these procedures, ICPSR performed the following processing steps for this data collection: Created variable labels and/or value labels.; Performed recodes and/or calculated derived variables.; Checked for undocumented or out-of-range codes..
  • Table of Contents

    Datasets:

    • DS0: Study-Level Files
    • DS1: Organizational Defendants Data, 1988
    • DS2: Organizational Defendants Data, 1989-1990
    • DS3: Statute Data, 1989-1990
    • DS4: Organizational Defendants Data, 1987-1993
    • DS5: Organizational Defendants Data, 1994
    • DS6: Organizational Defendants Data, 1995
    • DS7: Organizational Defendants Data, 1996
    • DS8: Organizational Defendants Data, 1997
    • DS9: Organizational Defendants Data, 1998
Temporal Coverage
  • 1987-10-01 / 1998-09-30
    Time period: 1987-10-01--1998-09-30
  • 1987 / 1998
    Collection date: 1987--1998
Geographic Coverage
  • United States
Sampled Universe
All organizational defendants sentenced in federal district during 1987-1998. Smallest Geographic Unit: United States
Collection Mode
  • For version 3 of this study, the data files have been restructured and renumbered. Original fileset: Part 1, Organizational Defendants Data, 1988;; Part 2, Organizational Defendants Data, 1989-1990;; Part 3, Statute Data, 1989-1990;; Part 4, Organizational Defendants Data, 1987-1993;; Part 5, SAS Data Definition Statements for Organizational Data, 1987-1993;; Part 6, Organizational Defendants Data, 1994;; Part 7, SAS Data Definition Statements for Organizational Data,1994;; Part 8, Organizational Defendants Data, 1995;; Part 9, Organizational Defendants Data, 1996;; Part 10, Organizational Defendants Data, 1997;; Part 11, Organizational Defendants Data, 1998;; Updated fileset: Part 1, Organizational Defendants Data, 1988;; Part 2, Organizational Defendants Data, 1989-1990;; Part 3, Statute Data, 1989-1990;; Part 4, Organizational Defendants Data, 1987-1993;; Part 5, Organizational Defendants Data, 1994;; Part 6, Organizational Defendants Data, 1995;; Part 7, Organizational Defendants Data, 1996;; Part 8, Organizational Defendants Data, 1997;; Part 9, Organizational Defendants Data, 1998;

    When the United States Sentencing Commission promulgated the Chapter Eight guidelines, it intended that these guidelines would apply to all defendants SENTENCED on or after November 1, 1991. However, the Department of Justice has taken the position that it will only seek the application of the Chapter Eight guidelines in those cases in which the offense OCCURRED on or after November 1, 1991. The Department has further indicated that it will follow the policy irrespective of whether application of Chapter Eight would be advantageous or disadvantageous to the defendant organization. Therefore, despite the fact that prior Commission research indicates that there were approximately 300 organizational defendants sentenced annually, few organizational defendants have been sentenced pursuant to Chapter Eight to date.

Note
2014-06-27 All datasets are being moved from restricted access to public access.2011-11-15 All datasets are being moved to restricted access and will be available only using the restricted access procedures. Created setup files for Part 1, Organizational Defendants Data, 1988; Part 2, Organizational Defendants Data, 1989-1990; and Part 3, Statute Data, 1989-1990. The data files have been restructured and renumbered. See the Collection Notes for details.2000-03-21 Part 11, Organizational Defendants Data, 1998, has been added to this collection, along with corresponding SAS and SPSS data definition statements and a PDF codebook. Funding insitution(s): United States Department of Justice. Office of Justice Programs. Bureau of Justice Statistics.
Availability
Delivery
This version of the study is no longer available on the web. If you need to acquire this version of the data, you have to contact ICPSR User Support (help@icpsr.umich.edu).
Alternative Identifiers
  • 9513 (Type: ICPSR Study Number)
Relations
  • Is previous version of
    DOI: 10.3886/ICPSR09513.v3
  • Is new version of
    DOI: 10.3886/ICPSR09513.v1
Publications
  • Schanzenbach, Max, Yaeger, Michael L.. Prison time, fines and Federal white-collar criminals: The anatomy of a racial disparity. Journal of Criminal Law and Criminology.96, (2), 757-793.2006.
  • Gibbs, Jennifer, Vincent, Kathryn. Sentencing Strained Corporations at the End of the 20th Century. Toronto, Canada. 2005.
  • Piquero, Nicole Leeper, Davis, Jason L.. Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines. Journal of Criminal Justice.32, (6), 643-654.2004.
    • ID: 10.1016/j.jcrimjus.2004.08.001 (DOI)
  • Murphy, Diana E.. The federal sentencing guidelines for organizations: A decade of promoting compliance and ethics. Iowa Law Review.87, (2), 697-719.2002.
  • Alexander, Cindy R., Arlen, Jennifer, Cohen, Mark A.. Evaluating trends in corporate sentencing: How reliable are the U.S. Sentencing Commission's data?. Federal Sentencing Reporter.13, (2), 108-113.2000.
  • Alexander, Cindy R., Arlen, Jennifer, Cohen, Mark A.. Regulating corporate criminal sanctions: Federal guidelines and the sentencing of public firms. Journal of Law and Economics.42, (S1), 393-422.1999.
    • ID: 10.1086/467430 (DOI)
  • Parker, Jeffrey S.,  Atkins, Raymond A.. Did the corporate criminal sentencing guidelines matter? Some preliminary empirical observations. Journal of Law and Economics.42, (S1), 423-454.1999.
    • ID: 10.1086/467431 (DOI)
  • de Socio, Robyn M.. A Study of the Impact of Federal Sentencing Guidelines on the Sentencing and Behavior of Organizational Offenders. Thesis, Virginia Commonwealth University. 1999.
  • Rabe, Gary A.. Sentencing Organizational Criminals: Factors Associated with Judicial Decision-Making. Dissertation, University of Delaware. 1995.

Update Metadata: 2015-08-05 | Issue Number: 3 | Registration Date: 2015-06-30

United States Sentencing Commission (1991): Organizations Convicted in Federal Criminal Courts, 1987-1998. Version 2. Organizations Convicted in Federal Criminal Courts Series. Version: v2. ICPSR - Interuniversity Consortium for Political and Social Research. Dataset. https://doi.org/10.3886/ICPSR09513.v2