NCJ Number
68004
Journal
American Criminal Law Review Volume: 17 Issue: 4 Dated: (SPRING 1980) Pages: 501-520
Date Published
1980
Length
20 pages
Annotation
CRIMINOLOGICAL STUDIES WHICH PURPORT TO MEASURE THE EXTENT OF CORPORATE CRIME ARE CRITIQUED, AND THE LIMITS OF CONVENTIONAL CRIMINAL SANCTIONS APPLIED TO CORPORATE CRIME ARE DISCUSSED.
Abstract
CURRENT CRIMINOLOGISTS' GENERALIZATIONS ABOUT HIGH CORPORATE CRIME RATES ARE ERRONEOUS. THEY MAKE NO DISTINCTIONS BETWEEN CIVIL AND ADMINISTRATIVE VIOLATIONS AND CRIMINAL OFFENSES. HOWEVER, PRELIMINARY DATA ON ACTUAL CRIMINAL CONVICTIONS SUGGEST SIGNIFICANT CORPORATE CRIME RATES. CONGRESS HAS PASSED HUNDREDS OF REGULATORY CRIMINAL STATUTES DIRECTED AT CORPORATIONS, AND THE SUPREME COURT HAS TENDED TO GIVE THESE STATUTES A PROENFORCEMENT CONSTRUCTION, IN SOME CASES ELIMINATING ANY MENS REA REQUIREMENT. MANY OF THESE STATUTES WHICH ARE NOT DIRECTED AT SERIOUSLY HARMFUL BEHAVIOR SHOULD BE MOVED FROM THE SYSTEM OF CRIMINAL ENFORCEMENT INTO A CIVIL REGULATORY CONTEXT. THERE IS A RANGE OF SERIOUS, DESTRUCTIVE CORPORATE CONDUCT WHICH IS APPROPRIATELY SUBJECT TO CRIMINAL SANCTIONS BUT WHICH IS SUBSTANTIALLY UNDERPROSECUTED. FURTHER, SENTENCING IN CORPORATE CRIME CASES IS GENERALLY INEFFECTIVE. PROBATION IS OVERUSED FOR EXECUTIVES AND UNDERUSED FOR CORPORATIONS, WHERE IT COULD BE EMPLOYED TO RESTRICT QUESTIONABLE CORPORATE BEHAVIOR. CURRENT FINES HAVE LITTLE DETERRENT VALUE, AND INCARCERATION OF THE CULPABLE IS UNLIKELY. EVEN WHERE SERIOUS CORPORATE CRIME IS SUCCESSFULLY PROSECUTED, THE CORPORATION FREQUENTLY ESCAPES SUBSTANTIAL PUNISHMENT AND EFFECTIVELY SHIELDS CULPABLE EXCUTIVES FROM HARM. MANY OF THE CURRENT PROBLEMS OF CORPORATE CRIMINAL LAW ARE TRACEABLE TO A LACK OF CONSENSUS AMONG PROSECUTORS AND JUDGES THAT CORPORATE CRIME AS PRESENTLY DEFINED IS SERIOUS CRIMINAL BEHAVIOR. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED---RCB)