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In exploring the criminalization of corporations, this book uses the landmark "Ford Pinto case" as a centerpiece for exploring corporate violence and the long effort to bring such harm within the reach of the criminal law. Corporations that illegally endanger human life now must negotiate the surveillance of government regulators and risk civil suits from injured parties seeking financial compensation. They also may be charged with criminal offenses and their officials sent to prison.
This book examines the social & legal changes that have led to the widespread interest in corporate illegality. The Ford Pinto case & other more recent court cases are analyzed in the light of the growing attention on corporate crime.
This well-documented report on the corporate behavior that has an adverse impact on public health and environment provides an overview of the problems and offers solutions and reforms to make corporations more responsive to the public good.
Enron, Haliburton, ExxonValdez, "shock and awe"-their mere mention brings forth images of scandal, collusion, fraud, and human and environmental destruction. While great power and great crimes have always been linked, media exposure in recent decades has brought increased attention to the devious exploits of economic and political elites. Despite growing attention to crimes by those in positions of trust, however, violations in business and similar wrongdoing in government are still often treated as fundamentally separate problems. In State-Corporate Crime, Raymond J. Michalowski and Ronald C. Kramer bring together fifteen essays to show that those in positions of political and economic power frequently operate in collaboration, and are often all too willing to sacrifice the well-being of the many for the private profit and political advantage of the few. Drawing on case studies including the explosion of the space shuttle Challenger, Ford Explorer rollovers, the crash of Valujet flight 592, nuclear weapons production, and war profiteering, the essays bear frank witness to those who have suffered, those who have died, and those who have contributed to the greatest human and environmental devastations of our time. This book is a much needed reminder that the most serious threats to public health, security, and safety are not those petty crimes that appear nightly on local news broadcasts, but rather are those that result from corruption among the wealthiest and most powerful members of society.
Corporate Crime, originally published in 1980, is the first and still the only comprehensive study of corporate law violations by our largest corporations. The book laid the groundwork for analyses of important aspects of corporate behavior. It defined corporate crime and found ways of locating corporate violations from various sources. It even drew up measures of the seriousness of crimes. Much of this book still applies today to the corporate world and its illegal behavior.A new introduction, "Corporate Crime: Yesterday and Today--A Comparison," prepared for this edition by coauthor Marshall B. Clinard, discusses the development of a criminological interest in corporate crime, explains the nature of corporate crime, and analyzes a number of issues involved in its study. Among the issues tackled are whether today's corporate crime is greater, more serious, and more complex; accounting fraud and its crucial role in hiding corporate crime; the pharmaceuticals, the industry with the most corporate violations; explanations of corporate crime in terms of economic factors, corporate culture, and the role of top executives; and new laws to control corporate crime and alternative approaches.
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Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, profit-making, corporation is a habitual and routine offender. The book dissects the myth that the corporation can be a rational, responsible, 'citizen'. It shows how in its present form, the corporation is permitted, licensed and encouraged to systematically kill, maim and steal for profit. Corporations are constructed through law and politics in ways that impel them to cause harm to people and the environment. In other words, criminality is part of the DNA of the modern corporation. Therefore, the authors argue, the corporation cannot be easily reformed. The only feasible solution to this 'crime' problem is to abolish the legal and political privileges that enable the corporation to act with impunity.
In a thorough reappraisal of the white-collar and corporate crime scene, this Second Edition builds on the first edition to complete the criminal narrative in an outstanding reference resource.
American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.
Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.