Corporations and Criminal Responsibility

Considering whether corporations should be made subject to criminal liability, this book raises issues such as why it is difficult to convict a corporation of manslaughter, and how the corporation could be punished. The system of regulation and control of corporate harm are analyzed.

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Public tolerance of corporate harms is evaporating: deaths and injuries at work and transport accidents increasingly prompt a call for prosecution of a corporation. This book addresses the question of whether corporations should be punished, and draws upon philosophical, cultural, and psychological factors in considering arguments about the criminal liability of corporations. Justifications for criminal punishments and the underlying bases of criminal responsibility are described in the context of corporate activities, and the system of regulation and control of corporate harm through, for example, health and safety legislation, is examined and contrasted with conventional enforcement of criminal laws. Public perception of corporate harms are explored from a number of perspectives including the institutional framework of inquests and public enquiries, and the trial of P&O for manslaughter charges following the "Herald of Free Enterprise" disaster are fully analyzed.