NCJ Number
116208
Journal
Marquette Law Review Volume: 71 Issue: 4 Dated: (Summer 1988) Pages: 793-814
Date Published
1988
Length
22 pages
Annotation
This paper addresses difficulties local prosecutors have encountered in applying homicide statutes against corporations in work-related deaths and discusses relevant developments in the Wisconsin courts and defenses used in recent cases.
Abstract
A background section traces the emergence of Federal and State criminal sanctions against corporations. Three obstacles that a prosecutor must overcome before charging a corporation with a homicide are described: (1) the corporation must fall within the statutory definition of person; (2) the corporation must possess the required mens rea through imputation; and (3) the corporation must have caused the death. While Wisconsin law appears ready to accept a corporate homicide conviction, the paper cautions that Wisconsin courts have exhibited some of the three reservations cited above. Also discussed are post-charging options for corporations, including the fifth amendment privilege and postponements. An examination of available defenses focuses on the powerless to prevent defense and the provision of the Occupational Safety and Health Act preempting State prosecutorial activity in the area of worker safety. 170 footnotes.