Sentencing options against corporations

Fisse, Brent

doi:10.1007/bf01096159

Cited by 17 publications

(7 citation statements)

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“…There are other problems too even if there has been a finding of guilt, for example, can the sentencing options ever satisfy public opinion? (Fisse, 1990;Perrone, 1995, 100).…”

Section: Moves For Reform Of the Criminal Lawmentioning

confidence: 96%

Reducing the Risk of Corporate Irresponsibility: The Trend to Corporate Social Responsibility

Sarre¹,

Doig²,

Fiedler³

2001

Accounting Forum

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What can be done to control and minimise the risk of corporate irresponsibility? This question has been raised anew in Australia with the collapse in May 2001 of the nation's second largest general insurer HIH leaving a A$4 billion (US$2 billion) shortfall. The official regulator, the Australian Prudential Regulation Authority (APRA), claimed a lack of resources contributed to its neglect. The auditors claimed that they had been given incorrect information. The government suggested tightening the law and enforcing more rigorously its criminal sanctions. The problem, however, lies with the misconception that such fiascos can be avoided by governments creating and enforcing appropriate rules. This is simply not the case. For while legislation and regulatory mechanisms that seek to enforce organisational rules and policies are necessary, they are simply not sufficient to establish and entrench corporate accountability and responsibility. In this paper, the authors demonstrate how corporate entities can and should develop a 'culture' of corporate social responsibility (CSR) in order to reduce the risks associated with irresponsible practices. CSR principles and initiatives can be delivered and enticed by a broad range of facilitators, including governments, industries and regulatory bodies. They can also be used for the purpose of enhancing the broader notion of corporate governance. The authors illustrate the manner in which CSR initiatives can and should become fundamental tools of risk assessment and risk management in modern corporate and organisational practice.

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“…There are other problems too even if there has been a finding of guilt, for example, can the sentencing options ever satisfy public opinion? (Fisse, 1990;Perrone, 1995, 100).…”

Section: Moves For Reform Of the Criminal Lawmentioning

confidence: 96%

Reducing the Risk of Corporate Irresponsibility: The Trend to Corporate Social Responsibility

Sarre¹,

Doig²,

Fiedler³

2001

Accounting Forum

View full text Add to dashboard Cite

show abstract

“…Doing so would make the price of goods or services produced better represent the true cost of production, by forcing companies to internalise the social cost of corporate crime, rather than pass it on either to the public generally, or some segment thereof. 95 Furthermore, corporate criminal liability is not imposed on shareholders or customers themselves. Its effects on these stakeholders are indirect, and therefore more dilute.…”

Section: Effects On Stakeholdersmentioning

confidence: 99%

The Corporate Agent in Criminal Law – An Argument for Comprehensive Identification

Dsouza¹

2020

C.L.J.

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We use doctrines of identification to explain how corporations may commit criminal offences in their own right, but current versions thereof have several shortcomings. Here, I suggest that reformulating the identification doctrine to treat all corporate officers and employees as embodying the corporation when acting within their real or ostensible authority, might remedy these shortcomings. Arguments against the resulting expansion of corporate criminal liability are unconvincing, especially when juxtaposed with the criminal law's response to similar arguments made on behalf of natural persons. This may indicate that we should also moderate the criminal law's harshness towards natural persons.

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“…Porter entered a defence on the grounds of insanity, and medical evidence was heard. In directing the jury, Dixon set out the matters with a clarity that was of enduring influence, the direction still being reprinted in criminal law casebooks in the USA as well as Australia (Bronitt and McSherry, 2001; Fisse and Howard, 1990; Kadish and Schulhofer, 2001). First, Dixon drew the jury’s attention to the rationale for the insanity defence: what was the ‘utility of punishing people if they be beyond the control of the law for reasons of mental health?’ 13 He emphasized that the defence was nevertheless to be contained to those who were something other than simply abnormal, of ‘peculiar’ disposition or ‘peculiarly tempered’.…”

Section: Dixon and M’naghtenmentioning

confidence: 99%

“… 5 Indeed, so much was this the case that some later commentators have considered him responsible for introducing a type of ‘anomalous extra-legal standard’, a new test of the right-wrong distinction; Fisse and Howard, 1990: 457; Shea, 2001: 354. …”

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confidence: 99%

‘Irresistible impulse’: historicizing a judicial innovation in Australian insanity jurisprudence

Finnane

2012

Hist Psychiatry

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In twentieth century Australian criminal law a distinctive departure from the M'Naghten standard rules developed as a critique of the discourse of reasoning and verdicts applying in the relevant English trials from the 1880s. The English verdict of 'guilty but insane' was criticised by the leading jurists as contradictory. And in a sequence of influential judgments the jurist Owen Dixon articulated an approach to the insanity defence that made room for a medico-legal discourse that broadened the possible referents of what it meant to 'know' the legality of an act, as well as acknowledging the complex behavioural factors that might determine an act of homicide. This paper explores the shaping and significance of this departure and its comparative judicial, medical and social contexts. A concluding discussion considers whether the more flexible interpretation of the insanity defence implied by the direction of Dixon's decisions made as much of a difference to frequency of use of the defence as the contemporaneous decline and eventual abolition of capital punishment.

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Sentencing options against corporations

Cited by 17 publications

References 0 publications

Reducing the Risk of Corporate Irresponsibility: The Trend to Corporate Social Responsibility

Reducing the Risk of Corporate Irresponsibility: The Trend to Corporate Social Responsibility

The Corporate Agent in Criminal Law – An Argument for Comprehensive Identification

‘Irresistible impulse’: historicizing a judicial innovation in Australian insanity jurisprudence

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