Corporate Justice - Some Preliminary Thoughts

• NCJ Number: 95335
• Journal: Australian and New Zealand Journal of Criminology Volume: 17 Issue: 2 Dated: (June 1984) Pages: 79-86
• Author(s): P C Stenning; C D Shearing
• Date Published: 1984
• Length: 8 pages
• Publication Format: Article
• Language: English
• Country: Australia
• Note: Revised version of paper presented at the ANZAAS Congress, 53rd, Perth, Western Australia, May 18, 1983

Annotation

Although corporate justice with its reliance on private security poses important problems for civil liberties, it also provides some interesting and innovative approaches to solving problems which the public justice system has handled unsatisfactorily.

Abstract

Unlike criminal justice, corporate justice is victim-oriented and instrumental in character. It establishes rules, prevention and detection strategies, dispute resolution structures, and sanctions to further the interests of the corporation rather than as a moral exercise. This orientation means that the corporate justice system will rarely adopt processes not conceived as being in the corporate interest and thus may cover up wrongs committed by the corporation. The traditional divisions of criminal justice are often not recognizable in corporate justice, since its system not only deals with crime against the corporation but any troubles which threaten profits, such as absenteeism, false benefit claims, safety hazards, and industrial espionage. Corporate justice often handles large thefts and personal injuries internally, as well as minor offenses against property. Corporations are well placed to take a preventive approach to problems in contrast to the largely reactive approach of the criminal justice system because they control the property where the problems occur. This also allows them to use surveillance and technology more effectively. Corporate security and justice tend to be functionally integrated, and the company views security as every employee's responsibility. Finally, corporate justice does not make rigid distinctions between law and politics, often relying on bargaining. In one company, negotiations with the union over employee theft of handheld power tools revealed that the employees used these expensive tools at home for their own projects. A tool lending program almost eliminated the thefts. Other examples of corporate crime control and prevention strategies are cited. The paper includes five references.