A Responsive Approach to Organizational Misconduct: Rehabilitation, Reintegration, and the Reduction of Reoffense. Issue 3 (July 2014)

• Record Type: Journal Article
• Authors: Bertels, Stephanie; Cody, Michael; Pek, Simon
• Is Part Of: Business ethics quarterly. Volume 24:Issue 3(2014)
• Page Start: 343
• Page End: 370
• Publication Date: 2014-07
• Subjects: misconduct, -- rehabilitation, -- reintegration, -- restorative justice, -- regulators, -- responsive regulation; Business ethics -- Periodicals; 174.405
• DOI: 10.5840/beq20147212
• Languages: English
• ISSNs: 1052-150X

Abstract

ABSTRACT: In this article, we examine how regulators, prosecutors, and courts might support and encourage the efforts of organizations to not only reintegrate after misconduct but also to improve their conduct in a way that reduces their likelihood of re-offense (rehabilitation). We explore a novel experiment in creative sentencing in Alberta Canada that aimed to try to change the behaviour of an industry by publicly airing the root causes of a failure of one the industry's leaders. Drawing on this case and prior work, we articulate a model for a responsive and restorative approach to organizational misconduct that balances the punitive role of regulators and courts with new roles in supporting and overseeing rehabilitation.