Criminal Law: Should there be a crime of corporate manslaughter?
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The evolution of corporate criminal liability perhaps reaches its apex in the prosecution of manslaughter. The criminal law, although designed to determine the responsibility of natural persons is remodelled when the employer is not a person. Presumably this predicates the dilemma, which legislators confront in determining the limits of the criminal sanction and whether or not a corporation can be ascribed guilt in manslaughter.
Current State of the Law.
The current law in Australia is such that, although corporations are deemed legal persons, they cannot be convicted of…
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