Corporations And Criminal Responsibility

Download Corporations And Criminal Responsibility ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to Corporations And Criminal Responsibility book pdf for free now.

Corporations And Criminal Responsibility

Author : Celia Wells
ISBN : 019924619X
Genre : Law
File Size : 67.64 MB
Format : PDF, ePub
Download : 988
Read : 655

Contemporary concern about technological hazards posed by business enterprises has intensified interest in the criminality of corporations. Incorporating ideas from a wide range of literature, the book argues that there is no magic answer to corporate power, to issues of personal safety andtheir inter-relationship with criminal law and justice. The attention paid to corporate criminal liability by courts, legislatures, law reform bodies and international organizations has increased markedly in the past decade. As in the first edition, the book takes what might be called a panopticapproach to the subject. Corporations and their susceptibility to criminal law are examined from sociological, psychological, philosophical and organizational perspectives as the book progresses. This edition has been revised and updated to take account of the burgeoning scholarly literature.Detailed analysis of judicial and legislative movements in England and Wales, in other national jurisdictions and at the level of international organizations follows. Two new chapters, on corporate manslaughter and on comparative and international responses to corporate crime, accommodate thesechanges. The book is distinctive in combining legal analysis and discussion of law reform debates with a theoretical account of the relationship between legal institutions and the role of risk and blame in shaping criminal law and the practices of the criminal justice system.
Category: Law

Corporate Criminal Liability And Prevention

Author : Richard S. Gruner
ISBN : 1588521257
Genre : Law
File Size : 79.10 MB
Format : PDF, Kindle
Download : 360
Read : 745

Instructs corporate counsel on how to adopt forward-looking compliance policies that can prevent criminal liability and how to mitigate the severity of penalties when they are unavoidable.
Category: Law

Regulating Corporate Criminal Liability

Author : Dominik Brodowski
ISBN : 9783319059938
Genre : Law
File Size : 88.6 MB
Format : PDF, ePub, Mobi
Download : 283
Read : 511

Corporate Criminal Liability is on the rise worldwide: More and more legal systems now include genuinely criminal sanctioning for legal entities. The various regulatory options available to national criminal justice systems, their implications and their constitutional, economic and psychological parameters are key questions addressed in this volume. Specific emphasis is put on procedural questions relating to corporate criminal liability, on alternative sanctions such as blacklisting of corporations, on common corporate crimes and on questions of transnational criminal justice.
Category: Law

Corporate Criminal Liability

Author : Mark Pieth
ISBN : 940070674X
Genre : Law
File Size : 75.17 MB
Format : PDF, ePub, Mobi
Download : 296
Read : 405

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Category: Law

Corporate Bodies And Guilty Minds

Author : William S. Laufer
ISBN : 9780226470429
Genre : Law
File Size : 45.51 MB
Format : PDF
Download : 721
Read : 922

We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Category: Law

Criminal Liability Of Corporations La Criminalisation Du Comportement Collectif

Author : Hans De Doelder
ISBN : 9041101659
Genre : Law
File Size : 60.40 MB
Format : PDF
Download : 994
Read : 1314

This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.
Category: Law

Corporations Crime And Accountability

Author : Brent Fisse
ISBN : 0521459230
Genre : Business & Economics
File Size : 55.78 MB
Format : PDF
Download : 829
Read : 1054

This book asks why corporations are rarely held accountable for corporate crime and proposes solutions to the problem.
Category: Business & Economics

Corporate Criminal Liability And Compliance Management Systems

Author : Santiago Wortman Jofre
ISBN : 9004407731
Genre :
File Size : 28.96 MB
Format : PDF, Kindle
Download : 672
Read : 1172

In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain Santiago Wortman Jofre presents a case study in which he analyses the regulation on compliance as deterrent for corporate criminality. He also examines the role of criminal justice and offers a view on the incentives to prevent corporate criminality.
Category:

Corporate Criminal Liability

Author : Kathleen F. Brickey
ISBN : STANFORD:36105061850314
Genre : Corporation law
File Size : 64.88 MB
Format : PDF, ePub, Docs
Download : 241
Read : 765

Category: Corporation law

Prosecuting Corporations For Genocide

Author : Michael J. Kelly
ISBN : 9780190238896
Genre : Corporate governance
File Size : 29.23 MB
Format : PDF, Mobi
Download : 147
Read : 1170

Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.
Category: Corporate governance

European Developments In Corporate Criminal Liability

Author : James Gobert
ISBN : 9781136741517
Genre : Law
File Size : 22.81 MB
Format : PDF, ePub, Docs
Download : 598
Read : 491

When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.
Category: Law

Corporate Crime

Author : Marshall Clinard
ISBN : 9781412815253
Genre : Social Science
File Size : 52.38 MB
Format : PDF, Docs
Download : 952
Read : 617

Corporate Crime, originally published in 1980, is the first and still the only comprehensive study of corporate law violations by our largest corporations. The book laid the groundwork for analyses of important aspects of corporate behavior. It defined corporate crime and found ways of locating corporate violations from various sources. It even drew up measures of the seriousness of crimes. Much of this book still applies today to the corporate world and its illegal behavior. A new introduction, "Corporate Crime: Yesterday and Today--A Comparison," prepared for this edition by coauthor Marshall B. Clinard, discusses the development of a criminological interest in corporate crime, explains the nature of corporate crime, and analyzes a number of issues involved in its study. Among the issues tackled are whether today's corporate crime is greater, more serious, and more complex; accounting fraud and its crucial role in hiding corporate crime; the pharmaceuticals, the industry with the most corporate violations; explanations of corporate crime in terms of economic factors, corporate culture, and the role of top executives; and new laws to control corporate crime and alternative approaches.
Category: Social Science

International Handbook Of White Collar And Corporate Crime

Author : Henry N. Pontell
ISBN : 0387341110
Genre : Social Science
File Size : 26.68 MB
Format : PDF, ePub
Download : 231
Read : 206

Insider trading. Savings and loan scandals. Enron. Corporate crimes were once thought of as victimless offenses, but now—with billions of dollars and an increasingly global economy at stake—this is understood to be far from the truth. The International Handbook of White-Collar and Corporate Crime explores the complex interplay of factors involved when corporate cultures normalize lawbreaking, and when organizational behavior is pushed to unethical (and sometimes inhumane) limits. Featuring original contributions from a panel of experts representing North America, Asia, Europe, and Australia, this timely volume presents multidisciplinary views on recent corporate wrongdoing affecting economic and social conditions worldwide. Criminal liability and intent Stock market and financial crime Bribery and extortion Computer and identity fraud Health care fraud Crime in the professions Industrial pollution Political corruption War crimes and genocide Contributors offer case studies, historical and sociopolitical analyses, theoretical and legal perspectives, and comparative studies, featuring examples as varied as NASA, Parmalat, the Italian government, and Watergate. Criminal justice responses to these phenomena, the role of the media in exposing or minimizing them, prevention, regulation, and self- policing strategies, and larger global issues emerging from economic crime are also featured. Richly diverse in its coverage, The International Handbook of White-Collar and Corporate Crime is stimulating reading for students, academics, and professionals in a wide range of fields, from criminology and criminal justice to business and economics, psychology to social policy to ethics. This powerful information is certain to change many of our deeply held views on criminal behavior.
Category: Social Science

Criminal Enforcement Of Environmental Law In The European Union

Author : Michael G. Faure
ISBN : 9789041123374
Genre : Law
File Size : 59.42 MB
Format : PDF, Mobi
Download : 889
Read : 382

This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided."--Jacket.
Category: Law

The Corporate Criminal

Author : Steve Tombs
ISBN : 9781135264345
Genre : Business & Economics
File Size : 83.64 MB
Format : PDF
Download : 839
Read : 1254

Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, profit-making, corporation is a habitual and routine offender. The book dissects the myth that the corporation can be a rational, responsible, 'citizen'. It shows how in its present form, the corporation is permitted, licensed and encouraged to systematically kill, maim and steal for profit. Corporations are constructed through law and politics in ways that impel them to cause harm to people and the environment. In other words, criminality is part of the DNA of the modern corporation. Therefore, the authors argue, the corporation cannot be easily reformed. The only feasible solution to this 'crime' problem is to abolish the legal and political privileges that enable the corporation to act with impunity.
Category: Business & Economics

Integrity Risk And Accountability In Capital Markets

Author : Justin O'Brien
ISBN : 9781782253556
Genre : Law
File Size : 37.70 MB
Format : PDF, ePub
Download : 496
Read : 649

The global economy is yet to recover from the aftershocks of the Global Financial Crisis (GFC). In particular many national economies are struggling to adjust to austerity programs that are a direct result of the toxic effects of the crisis. Governments, regulatory agencies, international organisations, media commentators, finance industry organisations and professionals, academics and affected citizens have offered partial explanations for what has occurred. Some of these actors have sought to introduce legislative and other regulatory initiatives to improve operational standards in capital markets. However, the exposure post-GFC of the scandal surrounding the manipulation over many years of the London Interbank Offered Rate (LIBOR) highlighted that the most important obstacles to counter the destructive potential of our global finance system are normative not technical. Regulating the culture of the finance sector is one of the greatest challenges facing contemporary society. This edited volume brings together leading professionals, regulators and academics with knowledge of how cultural forces shape integrity, risk and accountability in capital markets. The book will be of benefit not only to industry, regulatory and academic communities whose focus is upon financial markets and professionals. It is of value to any person or organisation interested in how the cultural underpinnings of the finance sector shape how capital markets actually operate and are regulated. It is a stark lesson of history that financial crises will occur. As national economies become ever more inter-connected and inter-dependent under conditions of global financial capitalism, it becomes ever more important to know how cultural and other normative forces might be adjusted to militate against the effects of future disasters.
Category: Law

Criminalization Representation Regulation

Author : Deborah Brock
ISBN : 9781442607132
Genre : Social Science
File Size : 70.30 MB
Format : PDF, ePub, Mobi
Download : 366
Read : 733

What is a crime and how do we construct it? The answers to these questions are complex and entangled in a web of power relations that require us to think differently about processes of criminalization and regulation. This book draws on Foucault's concept of governmentality as a lens to analyze and critique how crime is understood, reproduced, and challenged. It explores the dynamic interplay between practices of representation, processes of criminalization, and the ways that these circulate to both reflect and constitute crime and "justice."
Category: Social Science

Crime Reason And History

Author : Alan Norrie
ISBN : 0521606012
Genre : Law
File Size : 23.95 MB
Format : PDF, ePub, Docs
Download : 711
Read : 520

Crime, Reason and History provides an alternative approach to the study of the general principles of criminal law. It emphasises, in contrast to orthodox texts, the tensions and contradictions at the law's heart. The author outlines the themes of responsibility, rationality and justice which govern the orthodox criminal law text. He traces these to the early nineteenth century reform of the criminal law and notes conflicts within reform ideologies relating to the idea of the 'responsible individual'. He then takes the reader through the bulk of the criminal law's 'general part' showing how conflicts from reform ideology emerge within criminal law. An historical and political logic underlies its illogicalities, giving it its 'shape'. The author presents a sceptical critique of the liberal positivist tradition in criminal law scholarship, and a social analysis of both its practical necessity and intellectual impossibility. He shows how the ideology of individual legal justice was imposed as a means of excluding alternative political voices, while recognising its importance for the survival of the liberal polity.
Category: Law