Questions for Schlegel, Just Deserts for Corporate Criminals

ix - xiv

  1. What are desert principles?
  2. What is a retributive rationale?
  3. Why have corporate legal theorists neglected desert theory?
  4. From a desert perspective, what determines seriousness?
  5. What special concerns arise when desert principles are applied to corporate offenders?

3-74

6. What are the definitional problems that come up when we turn to corporate crime? How does Schlegel resolve those?
7. How do legislatures think about most regulatory offenses?
8. What range of enforcement responses are available when a corporation breaks laws?
9. What factors seem to influence whether enforcers will respond following a civil vs. a criminal route and in what ways do these factors present difficulties?
10. For what reasons would one impose criminal sanctions?
11. Proposed criminal sanctions include "incarceration, monetary and equity fines, structural intervention, public service, and adverse publicity." What are the difficulties associated with gauging the effectiveness of  each of these?
12. What are the key features of desert?
13. What is the benefits and burden position?
14. Why is the condemnatory aspect of punishment important?
15 (important) Does retribution have to be the main justification for using desert principles to guide how punishments are distributed?
16. Is corporate crime morally reprehensible or not?

91-115

17. How does Schlegel suggest we think about the interests harmed by corporate offending? What are the key concerns which should guide us?
18. On 108-111 he suggest a series of guides for assessing harm. You want to be sure you understand what he is saying there.

147-175

19. What are ordinal and cardinal attributes of punishments?
20. What things does he suggest thinking about in setting the punishment scale?
21. What special issues come up when setting punishment scales for corporate offenses?
22. In what ways to corporations create problems for the idea of commensurate deserts? What suggestions does he suggest for achieving parity?
23. What are Schlegel's concerns about Braithwaite's suggestions re adverse publicity? (important)
24. What's overfill?

(optional: 177-191).