Theories Of Corporate Crime

Corporate Criminal Liability is defined as Corporations, just like individuals, can be tried and convicted of committing crimes if managers, directors or even ordinary workers commit the crimes. There are two types: strict liability and vicarious liability (Kadian-Baumeyer, Kat).

Capital punishment, also called death penalty, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution because of the possibility of commutation to life imprisonment

A chemical spill due to negligence in the ocean, for example, can kill seabirds and destroy their natural habitat for years to come. It should be pretty clear that someone will be in trouble if this sort of thing happens (Study). But why corporate crimes exist? In 1949 Edwin Sutherland released his celebrated study of "white collar" crime, an in-depth analysis of corporate crime which still has validity today." ' Sutherland realized that a complete explanation of corporate crime would be impossible, but he concluded that the general theory of "differential association" applies to "white collar" crime as well as to other types of crime. This theory hypothesizes "that criminal behavior is learned in association with those who define such behavior favorably and in isolation from those who define it unfavorably, and that a person in an appropriate situation engages in such behavior if, and only if, the weight of the favorable definitions exceeds the weight of the unfavorable definitions. ' 75 This theory would hold that lawbreaking is normal behavior in some businesses as a result of several factors inherent in our culture, such as excessive competition, the emphasis on succeeding at

78 Sutherland notes several points of similarity between "white collar" crime and professional theft. 'First, like professional thieves, a large number of the corporations convicted of crimes are recidivists. Obviously, the punishments meted out serve neither to deter nor to rehabilitate. Second, the number of criminal acts committed by corporations is much more extensive than the prosecutions and complaints indicate. Many types of violations are industrywide, and most companies are never caught and prosecuted. Third, businessmen who violate regulatory statutes often lose no prestige among their peers. The business code often differs from the criminal code, and a businessman will lose prestige only when his actions violate both codes. Fourth, the businessman often feels contempt for the law and the government because they impede his behavior. Similarly, professional thieves feel contempt for the law, policemen, and judges. 79 'But there are two significant differences between "white collar" crime and professional theft. The differences are in the conceptions which the offenders have of themselves and in the public 's conceptions of them. The thief