Business Law Criminal Essay
Criminal Liability Essay
"Criminal liability and the justifications for, and objectives of, punishment are based on the notion of individual blameworthiness" In light of the above statement, consider whether imposing criminal liability on corporations for manslaughter is ever justified.
English law has yet to come to terms with the conceptually difficult task of attributing liability for manslaughter to a corporate entity. The essential problem is that a corporation is granted an independent status by a pragmatic legal fiction which affords an identity to entity which has no physical existence. Salomon v. Salomon & Co. …show more content…
Directing Mind Theory
Given that the company has no conscience or mind of its own, it has been suggested that the law should look to a senior representative of the company and attribute his or her state of mind to the company itself. This is a tenuous approach, because it undermines the fundamental rule of personal criminal responsibility, but it has received considerable academic support and comment. The traditional starting point in an analysis of the evolution of directing
mind theory is the dictum of Viscount Haldane in the civil case, Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd . He stated: "A corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must