Question

Violations of criminal law by corporations pose a unique challenge in our system, at least to the concept of punishment. If you or I are convicted of committing a criminal act we could be locked up for a period of time, or, if the conviction was for a murder charge, could be executed by the state. What if a crime is committed by a corporation? What if the activities that comprised the criminal violation were committed piecemeal by a number of different individuals within the corporation as opposed to one identifiable person who can be put in jail? Further, what if the people who "committed" the crime were being directed by someone higher up in the corporation who may have thought they were merely following orders, and perhaps didn't even realize they were performing acts which are criminal under the law. Should someone go to jail? Who? In the past, the CEO was often held responsible for the acts of their subordinates. Should CEO's be jailed in that situation? What do you think would be a fair outcome? Why?

Answer 1