ipl-logo

Essay On Critical Evaluation Of Criminal Liability

3107 Words13 Pages

CORPORATE LAW

ASSIGNMENT: CRITICAL EVALUATION OF CRIMINAL LIABILITY OF CORPORATIONS

PRANJALI MADNANI LL.M. (2014-2015) SEM I ROLL NO. 64 CRITICAL EVALUATION OF CRIMINAL LIABILITY OF CORPORATIONS

INTRODUCTION

"Corporate bodies are more corrupt and profligate than individuals because they have more power to do mischief and are less amenable to disgrace or punishment. They feel neither shame, remorse, gratitude, nor goodwill." -William Hazlitt (1778–1830), British essayist and journalist
It is not a recent phenomenon that individuals commit heinous of crimes hiding behind the entity called corporate body. Penny stock scams , pump and dump schemes, chop stocks, dump and dilute schemes are not new for the globe. The world has been witnessing investment frauds and accounting …show more content…

By recognition as legal personality and holding the corporations criminally liable a more effective sanctioning is allowed which leads to adoption of better standards and responsible corporate behavior discouraging future misconducts. Criminal liability provides for more concrete punishment than the civil liability as punishment is by way of fines or dissolution and the fear of damage to reputation is created. Criminal liability over individual would at most punish him and the corporation would go on carrying its activities undeterred. Fines imposed on corporations are far more substantial that those imposed on

Show More
Related

Martha Stewart Financial Fraud Case

488 Words | 2 Pages

If you only fine the company for a C-suite’s bad behaviour, the individual who commits the crime gets off ‘scot-free’. That serves as a bad example for others in the industry because it doesn’t discourage those actions and they reoccur as a result. Although, jail is the proper punishment for such acts, it is very difficult to pin down executives for their crimes; a middle ground needs to be established. If the executive(s) involved are at least forced to pay back the bonuses gained from the deals, the incentives of participating in illegal activity decrease. If you don't also punish the individual,

Read More

Compare And Contrast Vermont And The State Of Texas

791 Words | 4 Pages

There are laws and regulations that corporations are to follow and they know what they are doing before they are caught. They have the best attorneys at their defense, there punishment of having to repay back millions tarnishes their image, and people lose confidence and do not

Read More

Tort Law: The Buffalo Creek Disaster

1249 Words | 5 Pages

As a result many possible cases never make it to court, because “the costliness and uncertainty of the tort system…”(Kagan, 139) deters many injured individuals from even filing a case. Instead of benefiting from these lawsuits “many victims give up and recover nothing once they confront…legalistic resistance” (Kagan, 139). Not only does tort law not produce great results at low costs, it deters society from pursuing such cases. It would have been more accurate for Sugarman to argue that tort law serves as guarantee deterrence for society and not for Corporations. When individuals do pursue these cases and win, the punitive damages towards corporations often just send

Read More

Mandatory Sentencing Laws Essay

1509 Words | 7 Pages

Untie the Judges Hands Imagine you are a fifty-one year old man and you have not eaten in two days, and you resort to theft. Stealing a fifty-cent package of doughnuts from the corner store. You are at your home when suddenly officers burst in and arrest you.

Read More

Criminally Responsible Law

1035 Words | 5 Pages

Should the Not Criminally Responsible Law Remain in Canada? As of 1992, the Canadian Criminal Justice system introduced a new Law to its Criminal Code. NCR stands for “Not Criminally Responsible.” It is defined in section 16 of the Criminal Code."

Read More

Criminal Justice Application Essay Examples

523 Words | 3 Pages

Students in the criminal justice department are taught that our main objective in the justice system and our careers is to serve and also protect those involved in our community. For as long as I can remember, my goal in life has been to provide service by protecting and serving those who are close to me. My penchant for service is what eventually led me to the Criminal Justice program at Valdosta State University. This passion for service began at a very young age when my life was turned upside down when I relocated from Puerto Rico to the state of Georgia due to a tragic car accident that led to the end of my father’s life. This sudden change of lifestyle and heartbreak came with an extreme amount of struggle and culture shock not just

Read More

Why We Should Be Held Responsible For People's Crimes

427 Words | 2 Pages

All the former SS officers that have had lives as upstanding citizens should be held responsible of all their actions and crimes that have been done in the past. People don 't wanna find out that the person they have been living right next to has killed and tortured entire villages. Or just the fact that they lied to come into this country and get rights that they don 't deserve in any country. Especially in such a horrific event as the Holocaust. These SS officers should be responsible for everything and everyone that they harmed.

Read More

Zemiological Approach

1350 Words | 6 Pages

166) Harms that can be caused by corporations include corporate fraud such as pension frauds, harms caused by working like death, injury and disease, exposedness to airborne pollutants and food poisoning. Hillyard and Tombs (2007) state that applying a concept of crime to corporate harm is not compatible, on the grounds that administrative entities cannot be reduced to actions, motivations and objectives of an individual human representative who composes them. Hence, the zemiological approach might be more accurate to comprise mass harms caused by corporations (p. 19-20). For the study of global crime and insecurity this would mean that if the zemiological approach would be applied, a particular focus would be placed on collective and corporate responsibility.

Read More

Disparity In The Criminal Justice System Essay

654 Words | 3 Pages

Introduction Two males, two rape crimes, yet two completely different types of punishment. Case One: Brock Turner is a 20 years old Caucasian male who was charged with rape of a female who was under the influence of alcohol in California. Case Two: Brian Banks, a black man, was also charged with rape who live in California. He was on the football team and had a full ride scholarship to college when he was charged the time of the crime. These two male have committed the same crimes, at two different time frame, yet one case gets a significantly longer sentence than the other.

Read More

Hurbert Law And Crime Essay

497 Words | 2 Pages

Law is as Hurlbert states, evolving; it is developing with “struggle, activism, and social change.” (2011, p. 228). Society is beginning to narrow down on corporate crime, seeing it as a powerful societal disorder. Whether it be a prestigious corporate manager or a street crime, Foucault calls “Lawbreaking not an accident, but an unavoidable imperfection” (1975), and according to Hurlbert this ideology benefits the development of the law (2011). Past laws based on discrimination and prejudice leave only the privileged individuals having full access to the rights declared in what we now know as the Universal Declaration of Human Rights (1948).

Read More

Criminal Behavior Essay

547 Words | 3 Pages

Criminal behaviour has always been an interest for psychologists, for they could never quite come to a conclusion between nature and nurture. Research concerning this topic has been organized for many years and due to the never ending debate, is still being conducted. I have decided to read and write about this myself, for I was genuinely curious about the matter and wanted to be a part of the research, as I felt responsible to do so. I believe that in order to stop something, it must be discussed and scrutinized. What effects do genes have on criminal behaviour, why do peer pressure and habitat influence a person to commit crimes and are men really more violent than women?

Read More

Determinate Sentencing Essay

474 Words | 2 Pages

The sentencing for crimes has changed from its origins of early Greece and Rome, where the most common punishment was banishment or exile. Shifts on what was viewed as maintaining public order had a deep impact on punishments. From banishment or exile to public execution, the advancement in sentencing throughout history has developed into today’s sentencing process for those found guilty in the United States. The goal of our modern sentencing model is to deter future crime, to incapacitate dangerous criminals, to punish offenders fairly and justly, to rehabilitate and treat those who need it, and to seek equity for victims and their families. There are a variety of sentencing structures that are used in the United States.

Read More

One With A Criminal Conviction Should Never Be A Teacher?

860 Words | 4 Pages

Is your first instinct to say one with a criminal conviction should never be a teacher? Why or Why Not? Discuss. I personally feel a person who holds a criminal background should be able to be a teacher under the following conditions: criminal conviction was due to a minor infraction, the quantity of convictions is minimal, and the conviction did not occur recently. Minor infractions can included the following: drug possession, petty theft, and driving under the influence (DUI).

Read More

Criminal Justice System Essay

721 Words | 3 Pages

There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.

Read More

Criminal Liability: Salmmon Vs. Salomon, & Co.

1596 Words | 7 Pages

E CRIMINAL LIABILITY 3.0 INTRODUCTION A corporation is not a natural person and only acts through its officers; if what the officers did is criminal in nature, then only the corporation is liable to be prosecuted. Corporations, as legal persons, gain many benefits similar to natural persons but they continue to be able to hide behind complex corporate structures to evade the liability of natural persons under the criminal law. Corporations continue to cause severe injury to individuals, groups and the natural environment through their actions. Their ability to abuse power and evade criminal liability reveals their current privileged position in comparison to individuals.

Read More

More about Essay On Critical Evaluation Of Criminal Liability

Related Topics

Open Document