Perspectives on Corporate Criminal Liability

ENCYCLOPEDIA OF CRIMINOLOGY & CRIMINAL JUSTICE, Springer, 2012

Washington University in St. Louis Legal Studies Research Paper No. 12-01-02

31 Pages Posted: 5 Jan 2012 Last revised: 31 Jan 2012

Kathleen F. Brickey

Washington University in St. Louis - School of Law

Date Written: January 1, 2012

Abstract

The principle that corporations can be held criminally responsible for crimes committed on their behalf has been well established in Anglo-American law for more than a century. After exploring the historical and theoretical underpinnings of this phenomenon together with the deterrent and retributive rationales for imposing criminal liability on corporations, this article examines Justice Department policies regarding the prosecution and punishment of corporate crime and how those policies are implemented in practice.

Keywords: agency theory, corporate compliance programs, corporate crime, corporate persons, corporate prosecution rates, corporate punishment, deferred prosecution agreements, deterrence, due diligence defense, federal prosecution guidelines, fines, intent to benefit, organizational liability, probation,

Suggested Citation

Brickey, Kathleen F., Perspectives on Corporate Criminal Liability (January 1, 2012). ENCYCLOPEDIA OF CRIMINOLOGY & CRIMINAL JUSTICE, Springer, 2012; Washington University in St. Louis Legal Studies Research Paper No. 12-01-02. Available at SSRN: https://ssrn.com/abstract=1980346

Kathleen F. Brickey (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
314-935-6482 (Phone)
314-935-8463 (Fax)

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