Corporate Murder Case Study

This research essay intends to evaluate the improvement in laws of corporate homicide and the challenges confronted in forcing this offense throughout the United Kingdom. Corporate murder is a criminal offense, being a demonstration of manslaughter and culpable homicide perpetrated by an organization or association.

Many thousands of agonizing deaths have resulted from the activities of corporate bodies and organization, there have been numerous cases where people have died because of an activity of on organization or negligence by one of its senior employee. There was a clear need for formulation of as demonstated in the case of Heral of free enterprise. On sixth March 1987, "Herald of Free Enterprise" a ship set sail for Dover from the

All concerned in management, from the members of the Board of Directors down to the junior superintendents, were guilty of fault in that all must be regarded as sharing responsibility for the failure of management. From top to bottom the body corporate was infected with the disease of sloppiness”.

This lead to prosecution of P&O European Ferries (Dover) Limited , Seven individual of the organization were accused of gross carelessness homicide, and the working organization, P&O European Ferries (Dover) Ltd, was accused of corporate murder. However, there was insufficient evidence to ensue against the defendants. Therefore, Justice Turner guided the jury to acquit the organization and the five most senior individual of the charge. Nonetheless, this case is very significant as it sets a point of reference that a company can commit manslaughter and be convicted for criminal homicide.

Corporate Manslaughter and Corporate Homicide Act

Geologist Alexander Wright an archeologist died in September 2008 when a 12.6ft (3.8 meters) deep unsupported trial pit that he was working in alone caved in at a development site in Brimscombe Lane, near Stroud, Gloucestershire. The Judge in this case Mr. Justice Field stated that the company had committed a severe felony by grossly breaching its duty towards Mr. Wright. He further stated that the organization, which was depicted in court as in a parlous budgetary state, could pay the fine in 10 years at a rate of £38,500 per annum. He clarified that the fine denoted the gravity of the offense and the obstacle impact it would have on organizations to unequivocally comply to health and safety rules. Moreover he stated that because this company was operating on a small sector a larger fine would have made the company insolvent and it could ultimately lead to the redundancy of the four people presently working in the company. Nevertheless he further stated that it’s unfortunate but unavoidable if a company goes in to liquidation because of the fine