NCJ Number
101700
Journal
Journal of Criminal Law and Criminology Volume: 76 Issue: 2 Dated: (Summer 1985) Pages: 285-340
Date Published
1985
Length
56 pages
Annotation
This examinaiton of the Anglo-American approach which routinely imposes criminal liability on corporations argues that human characteristics sometimes attributed to the corporate entity should apply only in civil law and that criminal law should focus on the responsibility of individuals operating the corporation.
Abstract
Following a summary of attitudes toward corporate liability prevalent in the Anglo-American legal system, the article outlines theoretical and practical problems resulting from this doctrine. These include potential harm to the ideological basis of criminal law, deviation from the recognized framework of relationships which might serve as a basis for widening criminal liability, and difficulties involved in punishing corporations. An alternative solution to the corporate criminal liability dilemma focuses on the direct responsibility of the perpetrators and on the liability of various levels of corporate management and supervision. Also discussed are supplementary measures which do not entail conviction, notably forfeiture. Strict liability violations are exceptions to this solution. 206 footnotes.