NCJ Number
100759
Journal
Criminal Justice Quarterly Volume: 9 Issue: 1 Dated: (Fall 1985) Pages: 38-67
Date Published
1985
Length
10 pages
Annotation
Arguing for corporate criminal liability when a corporation makes a systematic and knowing choice that shows reckless disregard for human life, this paper examines the difficulties in proving such liability and recommends legislation to facilitate the establishment of corporate criminal liability.
Abstract
Specific types of harm within a charge of corporate homicide are those which evidence systematic and procedural corporate policies and conduct which knowingly include a reckless disregard for human life. Current methods and remedies for dealing with corporate reckless disregard for human life are not adequate to protect or compensate consumers. Corporate criminal liability has been based in the neglect of statutorily imposed duties and the violation of regulatory statutes. Corporate criminal liability for the acts of corporate agents requires a finding of criminal intent. The problem is whether the criminal intent of a corporate agent can be imputed to a corporation. If criminal liability procedures are to be developed and initiated against corporate reckless disregard of human life, legislatures must enact criminal statutes that define offenses and punishments. The judiciary could then treat corporate common law crimes as they now extend the civil concepts to establish a corporate mens rea for regulatory economic crimes. 226 footnotes.