Question

The Supreme Court separated the "mandatory" element of the Federal Sentencing Guidelines for Organizations from their advisory role, holding that their mandatory nature:
a. was only applicable to individuals and not to organizations.
b. provided arbitrary punishments.
c. violated the Sixth Amendment right to a jury trial.
d. encouraged internal whistleblowing

Answer 1

Answer:

C) violated the Sixth Amendment right to a jury trial.

Explanation:

Federal Sentencing Guidelines should be guided by the following principles:

• The court should order the organization to remedy any harm caused.
• If the primary purpose of the organization was to commit crimes, then the court should set a fine that strips away all the assets from the organization.
• The court should set fines based on how serious the offenses were and the degree of culpability of the organization.
• The court can impose a probation sentence if it believes that the organization will take steps to reduce the likelihood of future criminal conduct.

The sentencing guidelines should offer incentives for organizations to eliminate criminal conduct.