Lecture 9 Prosecuting and Adjudicating WCC - Prosecuting and Adjudicating WCC Defendants Judges\/Jury Small percentage actually go to trial More likely

Lecture 9 Prosecuting and Adjudicating WCC - Prosecuting...

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Prosecuting and Adjudicating WCC Defendants: Small percentage actually go to trial More likely to plead not guilty Judges/Jury: Juries: Respect social status and confused by complexities of case Judges: May understand complexities but may be reluctant due to similarities “productive member” Disparities in sentencing: Less likely to go to prison, shorter sentences, minimum security Softer alternative sentencing Civil litigation rather than criminal prosecution Citizens suits, class action lawsuits Strategic Lawsuits Against Public Participation (SLAPPS)- preemptive civil law suits initiated by corporation and other targets of citizen groups to discourage the citizens’ group from pursing actions against them.
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Sentencing Guideline Sentencing Reform Act of 1984: Was to create more honest, uniform, and fair sentencing system Limit judicial discretion What was the impact on WCC? Increased fines and jail sentencing Two factors: Previous criminal record Direct violence
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Sentencing Guidelines for Organizations Organizations only Individual are held separately Sentencing requirements: options Restitution, remedial orders, community service Determining Fine:
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  • Fall '16
  • Steve Evens
  • criminal law, WCC, grand jury, fair sentencing

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