The reality is that corporate officials are going to jail under harsh mandatory sentencing guidelines. The number of criminal indictments and convictions for environmental crimes increased sharply in the late 1980s and continue to rise. Furthermore, sending corporate officials to jail is a penalty which prosecutors view as the ultimate deterrent. Unlike most criminal offenses, environmental crimes often do not require specific knowledge on the part of the person ultimately held responsible for the crime. In offenses where knowledge is required, some courts have imputed the knowledge of the persons committing the wrongful act to their bosses or supervisors.
Guilt is affixed and jail time can be imposed without either personal involvement or knowledge.
One reason more jail sentences are being served by corporate officials is the new sentencing guidelines recently issued by the U.S. Sentencing Commission. These guidelines mandate fixed sentences based on the nature of the illegal act instead of the status of the offender. Therefore, factors such as age, family, community service and education are not considered in determining sentences. On average, under these sentencing guidelines, a first time violator stands to serve a projected sentence of 12 months to 16 months in jail without parole. Another reason conviction of corporate officials is on the rise is the increase of prosecutorial budgets and staffing.