NCJ Number
104858
Journal
American Journal of Criminal Law Volume: 13 Issue: 3 Dated: (Summer 1986) Pages: 329-380
Date Published
1986
Length
52 pages
Annotation
Sanctions for corporate criminality should aim to deter further criminal conduct and should be directed toward the corporate criminal offender as a distinct category of offender.
Abstract
Thus, the criminal sanctioning process must recognize the practical consequences of the longstanding recognition of corporations as separate legal entities. The concept of corporate criminality arose from the concept of vicarious liability, which began in laws regarding public nuisances. The development of the concept required the law to discard formalistic distinctions between the corporation as criminal actor and the individual as criminal actor. The purpose was to demonstrate that corporations as well as individuals are encompassed by the basic rationale of the criminal law. Because corporate criminal liability is a distinct legal phenomenon, the sanctions for corporations should not be limited to the sanctions imposed on individual agents of the corporation. Federal sanctions for corporate offenses must be directed toward rational behavior and must recognize the unique features of corporate criminal conduct. Fines, restitution, and publicity should be the main sanctions against corporations. Individual corporate agents should receive punishment for recidivism. 197 footnotes.