Question

In: Operations Management

Succinctly outline at least two ways in which a crime committed by a business entity is...

Succinctly outline at least two ways in which a crime committed by a business entity is different from a crime committed by a natural person. (For instance, can a business entity be effectively punished? Can a business be deterred from law-breaking? Can a business entity have "intent"? Etc.)

Solutions

Expert Solution

Crime committed by a business entity is different from the crime committed by the individuals, as in former, the illegal activities performed by the employees of the corporation make the company liable, not the employees as individuals ( if they are working on company's instructions leading to violation of law) because it is the company which is benefited in some way or other through illegal activity. In later, the crime is committed by an individual for personal gains and benefits, which is not the case in former.

Other difference is the way the liability is fixed. As an individual, the person is responsible for his criminal actions whereas the company is liable if it fails to detect, monitor and prevent the wrong actions of its employees who might violate the law for personal gains ( sometimes also benefiting the company).

The company can not be subjected to imprisonment or death penalty for its crimes, as in case of an individual, but can only be punished with fines, penalties, imposing of restrictions etc. There are times when corporations also have malicious intent to commit crimes with a short term approach of becoming rich. The instances can be minimized by effective regulations, monitoring and preventive actions by law enforcement agencies.


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