NCJ Number
65758
Date Published
1980
Length
25 pages
Annotation
THE UTILITY OF VIEWING ORGANIZATIONS AS CORPORATE PERSONS, HOW SUCH PERSONS MAY BE SAID TO ENGAGE IN CRIME, AND THE CONDITIONS UNDER WHICH SUCH CRIME OCCURS ARE DISCUSSED.
Abstract
HISTORICALLY, CORPORATE PERSONS EMERGED AS A MEANS OF DEVELOPING LARGE AND RISKY FINANCIAL UNDERTAKINGS WHICH COULD MINIMIZE ANY LOSS TO BIOLOGICAL INDIVIDUALS INVOLVED SHOULD THE VENTURE FAIL. OWNERS OF CORPORATIONS ARE GENERALLY SEPARATED FROM THE CONTROLLERS OF CORPORATIONS, WHO ARE ENTRUSTED BY INVESTORS WITH THE RESPONSIBILITY OF BRINGING AS MUCH RETURN AS POSSIBLE ON INVESTMENT. PROFIT THUS BECOMES THE PRIMARY GOAL OF THE CORPORATION, WITH STANDARDS FOR BEHAVIOR OF INDIVIDUALS AND GROUPS CONTROLLING THE ORGANIZATION POINTED TOWARD THAT GOAL. MORAL CONDITIONING AND ETHICAL COMMITMENTS HAVE NO ESSENTIAL RELATIONSHIP TO THE PRIMARY GOAL OF MAKING MONEY. IN SUCH A CLIMATE, THE BREAKING OF A LAW TO INCREASE PROFIT MAY BE VIEWED AS JUST ONE MORE OF THE RISKS INVOLVED IN THE PURSUIT OF THE CORPORATE GOAL. SHOULD THE RISK FAIL, ONLY THE CORPORATE PERSON CAN BE FOUND IN VIOLATION OF THE LAW AND FINED, WHILE THE BIOLOGICAL PERSONS WHO OWN AND CONTROL THE CORPORATION ARE IMMUNE FROM PROSECUTION. FURTHER, UNDER THE CONTEMPORARY ENVIRONMENT FOR CORPORATE ACTIVITIES, CRIMINAL VIOLATIONS MAY GO UNDETECTED BEHIND COMPLEX ORGANIZATIONAL STRATA THAT APPEAR TO BE LAW-ABIDING. ORGANIZATIONS THEMSELVES AND THE WORLD THEY HAVE CREATED MUST BE ANALYZED IN RELATION TO CORPORATE LAW VIOLATIONS BEFORE EFFECTIVE STEPS CAN BE TAKEN TO DETER CORPORATE CRIME. NOTES AND REFERENCES ARE PROVIDED. (RCB)