Corporate Criminal Liability in the United States
Is a New Approach Warranted
Bibliographic Data
| ID | 9532657 |
|---|---|
| Authors | Ved P Nanda (College of Law, corresponding author), Ved Nanda |
| Year | 2010 |
| Volume | 58 |
| Issue | 1 |
| Pages | 605-630 |
| Publication date | 2010-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.5131/ajcl.2009.0034 |
| OpenAlex | W4235882009 |
| Language | EN |
| Citations received | 2 |
This Article traces the origin of Corporate Criminal Liability in the United States, and studies its development over the centuries. The author examines the pros and cons of continuing the current practice, under which the doctrine of strict respondeat superior in the criminal context, created through common law by courts, applies. He also reviews the U.S. Department of Justice's Guidelines for prosecutions of corporations and the criticism that prosecutors' broad discretion can result in abuse. After discussing the reform suggested by critics, he endorses the Model Penal Code approach, which adopts the respondeat superior standard only when there is a clear legislative purpose to impose such liability. Absent such purpose, it applies the "due diligence" standard
Business · Criminal law · Criminal liability · Criminology · Economics · Law and economics · Liability · Political science · Accounting · Law · Law, Economics, and Judicial Systems · Psychology · Regulation and Compliance Studies · Wildlife Conservation and Criminology Analyses
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2018 - 2020 (3) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |