Introduction

What should be the role of the criminal law in controlling corporate and other organizational behavior?² Historically, the role of criminal law and punishment has been to deter undesirable behavior, provide retribution for those wronged, and incapacitate the wrongdoer. On the one hand, it seems only...

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Bibliographische Detailangaben
Hauptverfasser: James M. Anderson, Ivan Waggoner
Format: Buchkapitel
Sprache:eng
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Zusammenfassung:What should be the role of the criminal law in controlling corporate and other organizational behavior?² Historically, the role of criminal law and punishment has been to deter undesirable behavior, provide retribution for those wronged, and incapacitate the wrongdoer. On the one hand, it seems only natural to apply criminal sanctions when a problematic activity is taken to aid the organization’s interests. It also seems natural to wish to punish the organization as though the organization itself is culpable and should be punished. On the other hand, Thurlow’s frustration, expressed in the quotation above, is certainly understandable. Corporations are legal