Corporation - United States v. Missouri Valley Construction Co. - Alternative Sentencing of Corporations Reevaluated
Williams, Lynnette R.
INTRODUCTION|In 1983, United States v. William Anderson Co. was noted in this journal as a landmark case in the area of corporate sentencing. The imposition of novel probation conditions on corporate defendants was viewed with approval in light of the difficulties inherent in sentencing corporations. It was suggested that Anderson would allow the criminal justice system more flexibility to devise appropriate sanctions for corporate defendants.|On August 22, 1984, the Eighth Circuit Court of Appeals decided United States v. Missouri Valley Construction Co. which overruled Anderson "insofar as it authorizes the district courts to direct a defendant, as a condition of probation, to pay money to entities which did not suffer actual damages or loss resulting from defendant's offense." Thus, the Eighth Circuit, by placing limitations on the district courts' discretion to provide conditions of probation in corporate sanctioning, espouses diminished flexibility in devising appropriate corporate sanctions...
18 Creighton L. Rev. 1161 (1984-1985)
Creighton University School of Law