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Criminal Liability (criminal + liability)

Distribution by Scientific Domains
Law and Criminology75%

Selected Abstracts

Crime and Punishment: Rehabilitating Retribution as a Justification for Organizational Criminal Liability

AMERICAN BUSINESS LAW JOURNAL, Issue 1 2010
Regina A. Robson
First page of article [source]

Criminal Liability for Document Shredding After Arthur Andersen LLP

AMERICAN BUSINESS LAW JOURNAL, Issue 4 2006
Albert D. Spalding Jr.
First page of article [source]

Prosecuting ,Gross' Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service

JOURNAL OF LAW AND SOCIETY, Issue 3 2006
Oliver Quick
This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of ,gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions calls for a closer understanding of the processes by which important prosecutorial decisions are made. In particular, this calls for an investigation into the exercise of discretion by prosecutors in interpreting the loosely defined and contested concept of gross negligence. This article analyses data obtained from a statistical analysis of ,medical manslaughter' cases and also from interviews with crown prosecutors. Discussion of the main findings leads to the conclusion that the offence of gross negligence manslaughter is incapable of any objective and fair measurement and ought to be abolished. [source]

The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools

LAW & POLICY, Issue 3 2001
Richard E. Redding
In the wake of recent school shootings, communities and legislatures are searching for law enforcement solutions to the perceived epidemic of school violence. A variety of legal measures have been debated and proposed. These include: the enactment of tougher gun control laws and more vigorous federal and local enforcement of existing gun control laws; the enactment of laws imposing civil or criminal liability on parents for their children's violent behavior; the establishment of specialized courts and prosecution strategies for handling juveniles who are charged with weapons offenses; stricter enforcement of school disciplinary codes; reform of the Individuals with Disabilities Education Act to make it easier to expel students for weapons violations; and greater use of alternative schools as placements for students who are charged with weapons violations. This article provides a legal and empirical analysis of proposed legislation in these areas as informed by social science research on the patterns of school violence, gun acquisition by juveniles, and the effectiveness of various laws and law enforcement measures. It proposes and discusses recommendations for legal reform. While efforts to reduce school violence will be most effective at the state and local levels, the United States federal government has an important role to play, particularly in federal-state partnerships aimed at disrupting illegal gun markets, and through the formulation of national standards and guidelines. These standards and guidelines are for the enforcement of existing laws; inter-agency law enforcement cooperation and information-sharing (particularly using computer-based analysis); effective school discipline and alternative educational settings for disruptive youth; and psycho-educational interventions designed to detect and prevent school violence in the first place. [source]

Negotiating the Boundaries of Crime and Culture: A Sociolegal Perspective on Cultural Defense Strategies

LAW & SOCIAL INQUIRY, Issue 1 2003
Kay L. Levine
In this article 1 offer a principled strategy for the courts to identify and to handle the uses of culture as a defense in a criminal proceeding. I begin by discussing the relationship between culture and behavior illuminated by sociologists of culture. I then explain the three categories into which cultural defenses fall,cultural reason, cultural requirement, and cultural tolerance,and the response of criminal courts in the United States to each. I argue that where culture offers an alternative explanation of the defendant's intent, it is highly relevant to determinations of criminal liability. However, where a defendant uses culture only to explain why he wanted to harm the victim and asks that the court be tolerant of such behavior, considerations of culture should not be allowed. In reaching this conclusion, I draw on theories of multiculturalism to consider the benefits and burdens of maintaining the facade of a "cultureless" criminal law in an increasingly heterogeneous society. [source]

Corporate criminal law and organization incentives: a managerial perspective

MANAGERIAL AND DECISION ECONOMICS, Issue 6 2000
Nuno Garoupa
Corporate criminal liability puts a serious challenge to the economic theory of enforcement. Are corporate crimes different from other crimes? Are these crimes best deterred by punishing individuals, punishing corporations, or both? What is optimal structure of sanctions? Should corporate liability be criminal or civil? This paper has two major contributions to the literature. First, it provides a common analytical framework to most results presented and largely discussed in the field. Second, by making use of the framework, we provide new insights into how corporations should be punished for the offenses committed by their employees. Copyright © 2000 John Wiley & Sons, Ltd. [source]

Legal and Moral Responsibility

PHILOSOPHY COMPASS (ELECTRONIC), Issue 6 2009
Antony Duff
The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is not. We must ask, therefore, whether, when and why strict criminal responsibility is unacceptable. [source]

Police Complaints and Criminal Prosecutions

THE MODERN LAW REVIEW, Issue 3 2001
Graham Smith
The police complaints process is the sole means by which criminal proceedings are initiated against police officers after allegations by members of the public that they were the victim of an offence committed by officers when in the execution or purported execution of their duty. Yet this state of the law has hardly figured in recent debate, which has seen the complaints process examined almost exclusively as the preliminary stage of the disciplinary process. This paper considers police complaints, the criminal liability of the officer and the implications for reform of the process after incorporation of the European Convention on Human Rights. [source]