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After assessing a base fine, the judge computes a culpability score, which is a way of assigning blame to the company. The culpability score can range from 0.05 to 4.0. The greater the corporate responsibility in conducting, encouraging, or sanctioning illegal or unethical activity, the higher the culpability score.
Similarly one may ask, what are the four aggravating factors to a culpability score?
Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others.
- Implementing written policies, procedures, and standards of conduct.
- Designating a compliance officer and compliance committee.
- Conducting effective training and education.
- Developing effective lines of communication.
- Conducting internal monitoring and auditing.
One may also ask, what are the federal sentencing guidelines for organizations?
On May 1, 1991, as an extension of the Sentencing Reform Act, the United States Sentencing Commission submitted to Congress the Federal Sentencing Guidelines for Organizations] (FSGO), a set of standards that govern the sentences federal judges impose on organizations convicted of federal crimes.
Aggravating factors are those factors particular to the offence, the victim or the defendant which may warrant a higher penalty.