Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecutors in the Boardroom written by Anthony S. Barkow and published by NYU Press. This book was released on 2011-04-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna
Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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. To provide guidance to policymakers on the proper role of criminal sanctions in this context, RAND Corporation researchers (1) measure the current use of criminal sanctions in controlling corporate behavior, (2) describe how the current regime developed, and (3) offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved"--Unedited summary from book cover.
Download or read book Corporate Crime Law and Social Control written by Sally S. Simpson and published by Cambridge University Press. This book was released on 2002-03-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do corporations obey the law? When companies violate the law, what kinds of interventions are most apt to correct their behavior and return them to compliant status? In this book Sally Simpson examines whether the shift towards the use of criminal law, with its emphasis on punishment and stigmatization, is an effective strategy for controlling illegal corporate behavior. She concludes that strict criminalization models will not yield sufficiently high levels of compliance. Empirical data suggest that in most cases cooperative models work best with most corporate offenders. Because some corporate managers, however, respond primarily to instrumental concerns, Simpson argues that compliance should also be buttressed by punitive strategies. Her review and application of the relevant empirical literature on corporate crime and compliance combined with her judicious examination of theory and approaches, make a valuable new contribution to the literature on white-collar crime and deterrence and criminal behavior more generally.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Oxford Handbook of Crime and Public Policy written by Michael H. Tonry and published by Oxford Handbooks. This book was released on 2009 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a comprehensive examination of crimes as public policy subjects to provide an authoritative overview of current knowledge about the nature, scale, and effects of diverse forms of criminal behaviour and of efforts to prevent and control them.
Download or read book Where the Law Ends written by Christopher D. Stone and published by Waveland PressInc. This book was released on 1991 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Crime and Punishment written by John C. Coffee and published by Berrett-Koehler Publishers. This book was released on 2020-08-04 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester
Download or read book Corporations Crime and Accountability written by Brent Fisse and published by Cambridge University Press. This book was released on 1993 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.
Download or read book Organizational Opportunity and Deviant Behavior written by Petter Gottschalk and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since Sutherland coined the term ‘white-collar crime’, researchers have struggled to understand and explain why some individuals abuse their privileged positions of trust and commit financial crime. This book makes a novel contribution to the development of convenience theory as a framework to understand and explain ‘white-collar crime’.
Download or read book Legitimacy and Compliance in Criminal Justice written by Adam Crawford and published by Routledge. This book was released on 2013 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1996-11 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crime Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Download or read book Deviant and Criminal Behavior in the Workplace written by Steven M. Elias and published by NYU Press. This book was released on 2013-02-11 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workplace crimes are never far from the news. From major scandals like Enron to violent crimes committed by co-workers to petty theft of office supplies, deviant and criminal behaviour is common in the workplace. Psychological factors are almost always involved when an employee engages in such behaviour. Deviant and Criminal Behavior in the Workplace offers insights at the level of the individual employee and also sheds light on the role organizations themselves may play in fostering such criminal behaviour. The volume considers psychological factors involved in theft and fraud, workplace violence, employee discrimination, and sexual harassment. It also analyses a number of variables which can influence such behaviour including employee personality, employee emotional processes, experience of occupational stress, organizational culture, organizational injustice, and human resource management practices. The book will be of core interest to those interested in the psychology and sociology of work, organizational behaviour, and human resource management.
Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--
Download or read book Corporate Crime in the Pharmaceutical Industry Routledge Revivals written by John Braithwaite and published by Routledge. This book was released on 2013-10-08 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications of his findings for a range of strategies to control corporate crime, nationally and internationally.
