The Changing Role of Criminal Law in Controlling Corporate Behavior

The Changing Role of Criminal Law in Controlling Corporate Behavior

The Changing Role of Criminal Law in Controlling Corporate Behavior

The Changing Role of Criminal Law in Controlling Corporate Behavior

Synopsis

What should be the role of the criminal law in controlling corporate behavior, and how can the execution of that role be improved? On the one hand, corporations have enormous power, and, when a corporation causes harm, there is a natural instinct to apply criminal sanctions, society's most serious expression of moral disapproval. In the wake of a harm in which a corporation had a prominent role, there are often calls for an increased use of the criminal law to tame corporate excesses. On the other hand, criminal liability has historically usually required criminal intent, a concept that applies oddly to a legal construction, such as a corporation. And more recently, critics have decried what they have termed the overcriminalization of corporate behavior, suggesting that there has been an overreliance on the use of criminal law in this context.

Excerpt

This report examines the use of criminal law in the corporate context. The research had three primary goals: (1) trace the development of the application of criminal law to corporate activities, (2) identify and analyze empirical trends with respect to the use of criminal law in this context, and (3) use this research to develop guidance for policymakers in this area.

This report should be of interest to policymakers and researchers who are interested in the advantages and disadvantages of using criminal law to control organizational and corporate behavior.

The report builds on a body of research by the RAND Institute for Civil Justice and the RAND Center for Corporate Ethics and Governance. From the effects of the Foreign Corrupt Practices Act to the effect of the Federal Sentencing Guidelines on corporate governance, the center has been publishing independent analyses to aid policymakers in achieving an empirically grounded understanding of the relevant issues.

RAND Institute for Civil Justice

The RAND Institute for Civil Justice (ICJ) is dedicated to improving the civil justice system by supplying policymakers and the public with rigorous and nonpartisan research. Its studies identify trends in litigation and inform policy choices concerning liability, compensation,

Public Law 95-213, Foreign Corrupt Practices Act, December 19, 1977.

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.