What Developments in Western Europe Tell Us About American Critiques of Corporate Criminal Liability

76 Pages Posted: 27 Sep 2005

See all articles by Sara Sun Beale

Sara Sun Beale

Duke University School of Law

Adam Safwat

U.S. Attorney Office, District of Delaware

Abstract

Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.

Suggested Citation

Sun Beale, Sara and Safwat, Adam, What Developments in Western Europe Tell Us About American Critiques of Corporate Criminal Liability. Buffalo Criminal Law Review, Vol. 8, No. 1, 2005, Duke Law School Legal Studies Paper No. 80, Available at SSRN: https://ssrn.com/abstract=800533

Sara Sun Beale (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7091 (Phone)
919-613-7231 (Fax)

Adam Safwat

U.S. Attorney Office, District of Delaware ( email )

1007 North Orange Street, Suite 700
P.O. Box 2046
Wilmington, DE 19899-2046
United States

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