This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.
The Handbook of Homicide presents a series of original essays by renowned authors from around the world, reflecting the latest scholarship on the nature, causes, and patterns of homicide, as well as policies and practices for its investigation and prevention. Includes comprehensive coverage of the complex phenomenon of homicide and its various forms Features original contributions from an esteemed team of global experts and scholars with chapters highlighting the authors’ original research Represents the first internationally-focused collection of the latest research on the nature and causes of homicide Covers both the causes and dynamics of homicide, as well as policies and practices intended to address it
A practical guide to the laws surrounding manslaughter at work, and the implications of the new corporate manslaughter legislation. This new second edition of this popular book outlines exactly how the new corporate manslaughter legislation will affect large corporations, and provides the advice that ensures these organisations fully understand their newly created legal responsibilities. It's essential new coverage includes The Hampton Review, recent major corporate manslaughter cases and disasters, key information on The Corporate Manslaughter Bill 2005, plus much more.
"Who should define what constitutes ethical and lawful medical practice? Judges? Doctors? Scientists? Or someone else entirely? This volume analyses how effectively criminal law operates as a forum for resolving ethical conflict in the delivery of health care. It addresses key questions such as: how does criminal law regulate controversial bioethical areas? What effect, positive or negative, does the use of criminal law have when regulating bioethical conflict? And can the law accommodate moral controversy? By exploring criminal law in theory and in practice and examining the broad field of bioethics as opposed to the narrower terrain of medical ethics, it offers balanced arguments that will help readers form reasoned views on the ethical legitimacy of the invocation and use of criminal law to regulate medical and scientific practice and bioethical issues"--
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
A corporation is an artificial legal person, existing only in the contemplation of law, having perpetual succession and common seal. Can a corporation commit crime, for its inability to form mens rea? If yes, then can it be accused of crimes as grave as homicide? Even post the Bhopal Gas Tragedy and the Uphaar Cinema Tragedy, absence of legislation such as the Corporate Manslaughter and Corporate Homicide Act, 2007 (UK) is no less a pity. Absolute liability theory (coupled with deep-pocket theory), though is an improvisation over the strict liability theory but has failed to ensure corporate criminal deterrence. This book is an attempt to ponder over issues relating to corporate criminal behaviour, in particular 'corporate homicide' and 'corporate manslaughter'.
In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain, Santiago Wortman Jofre offers a case study where he examines the way in which Spain understands and implements Compliance Management Systems. Corporate criminal liability has become a matter of controversy in civil law countries since it challenges the traditional principle of societas delinquere non potest, by which corporations cannot be held criminally responsible. However, corporations have taken a new position in the world’s political agenda, as evidenced by the 2017 G20’s High Level Principles on the Liability of Legal Persons for Corruption. The new trend in criminal law advocates for the criminal responsibility of legal persons and pushes for the implementation of Compliance Management Systems as deterrent for corporate criminality. Santiago Wortman Jofre then presents evidence on the role of criminal justice and the importance of positive stimuli requirements as effective incentives to drive companies to implement compliance programs.
UNLOCKING CRIMINAL LAW will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Criminal Law. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts boxes throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions
A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.