Is corporate criminal liability unique?

More fundamentally, in many ways the case for reform is weaker, not stronger, in the case of corporate criminal liability and individual white collar defendants.\n Corporations have access to the best legal talent to defend them, and the sanctions available in a criminal prosecution of a corporation...

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Bibliographic Details
Published inThe American criminal law review Vol. 44; no. 4; pp. 1503 - 1535
Main Author Beale, Sara Sun
Format Journal Article
LanguageEnglish
Published Chicago Georgetown University Law Center 01.10.2007
Subjects
Criminal law
Criminal liability
Criminal liability of juristic persons
Criminal pleas
Interest groups
Laws, regulations and rules
Politics
Prosecutions
State laws
White collar crime
White collar crimes
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Summary:More fundamentally, in many ways the case for reform is weaker, not stronger, in the case of corporate criminal liability and individual white collar defendants.\n Corporations have access to the best legal talent to defend them, and the sanctions available in a criminal prosecution of a corporation are largely identical to those that are-or could be-available in a civil enforcement action. To narrow the reform discussion to corporate and white collar prosecutions overlooks the political power and influence that these defendants have to initiate criminal law reform across the board, and it removes important tools that may be useful to stop serious corporate misconduct.
ISSN:0164-0364