NCJ Number
125527
Journal
American Journal of Criminal Law Volume: 17 Issue: 3 Dated: (Spring 1990) Pages: 211-234
Date Published
1990
Length
23 pages
Annotation
The historical development of corporate criminal liability is discussed to explain the current principles of corporate criminality. It is asserted that there are no clear reasons why criminal liability should be extended to corporations as long as civil liability still exists for the same wrongs that are being sanctioned.
Abstract
The theoretical basis for corporate criminality is examined leading to the conclusion that there is no clear articulable theory for such liability. A review of regulatory offenses is provided to illustrate how criminal liability can be imposed by the mere commission of an act regardless of actual or implied intent. The Model Penal Code is also examined since most states have adopted parts of it that address corporate criminality. A discussion of defenses to corporate liability is provided and includes defenses such as no intent to benefit the corporation, no authority by the agent of the corporation to act on its behalf, and actions by agents were contrary to corporate policy. Other business associations are reviewed to illustrate how criminal liability may apply to them. 98 footnotes.