EIGHT
Reforming Corporate Criminal Law
TO THIS POINT, we have focused on procedure (and that is the focus of this book). But another approach to reform would be to refashion corporate criminal law. As a matter of federal criminal law, organizations (including corporations) are today vicariously liable for the acts of their employees and agents.1 Conceivably, corporate executives could also be made subject to some similar form of vicarious liability, including liability based on negligence, for criminal violations by their corporation or by their subordinate employees. These ideas are not new, but they have recently reentered the public debate ...
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