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This article presents a philosophical defense of the view that corporations are legitimate responsible agents who may be considered criminally liable under the law. When corporations engage in blameworthy, irresponsible, or criminal actions, corporations are responsible for their actions. Whether this means we should think of them as persons in any robust sense is a separate question and we should be skeptical about conflating responsible agency with personhood. The article concludes with the claim that responsible agency and personhood are conceptually distinct, and that in the end responsible agency is a sufficient basis for criminal liability.
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Newhouse, M. E. "TWO TYPES OF LEGAL WRONGDOING." Legal Theory 22, no. 1 (March 2016): 59–75. http://dx.doi.org/10.1017/s1352325216000112.
ABSTRACTThere are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant's Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant's principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, traditionally thought to be only civilly wrong. Third, it explains and justifies differences between the features of traditional criminal punishments and the features of civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state's criminal lawmaking authority.
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Nelkin, Dana Kay, and Samuel C. Rickless. "The Relevance of Intention to Criminal Wrongdoing." Criminal Law and Philosophy 10, no. 4 (October 17, 2014): 745–62. http://dx.doi.org/10.1007/s11572-014-9343-0.
Gendre, Vinod. "A Survey on Crime Detection And Prediction Techniques." International Journal for Research in Applied Science and Engineering Technology 10, no. 1 (January 31, 2022): 119–22. http://dx.doi.org/10.22214/ijraset.2022.39785.
Abstract: Crime is a preeminent issue where the main concern has been worried by individual, the local area and government. Wrongdoing forecast utilizes past information and in the wake of investigating information, anticipate the future wrongdoing with area and time. In present days sequential criminal cases quickly happen so it is a provoking assignment to anticipate future wrongdoing precisely with better execution. This paper examines about various wrongdoing expectation and location. A productive wrongdoing forecast framework speeds up the method involved with addressing violations.. Wrongdoing Prediction framework utilizes recorded information and examinations the information utilizing a few dissecting strategies and later can anticipate the examples and patterns of wrongdoing utilizing any of the underneath referenced methodologies. Keywords: Crime Analysis, Data Mining, Classifiaction , Clustering
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Fox, Adam R., Trevor H. Kvaran, and Reid Griffith Fontaine. "Psychopathy and Culpability: How Responsible Is the Psychopath for Criminal Wrongdoing?" Law & Social Inquiry 38, no. 01 (2013): 1–26. http://dx.doi.org/10.1111/j.1747-4469.2012.01294.x.
Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article, we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that even if psychopaths were to be fully nonresponsible, imposing some form of civil commitment would still be warranted.
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Napanti, Pajriniah Dwi, and Raden Yulia Kartika. "Analisis Yuridis terhadap Tindak Pidana Pembunuhan Berencana Dan Penganiayaan terhadap Anak yang Mengakibatkan Luka Berat (Studi Putusan No. 36/Pid.B/2016/PN.MLL)." Wajah Hukum 5, no. 2 (October 18, 2021): 655. http://dx.doi.org/10.33087/wjh.v5i2.462.
This review inspects the use of the law to the wrongdoing of planned homicide and judges' contemplations in taking care of the wrongdoing of planned homicide and youngster misuse that outcomes in genuine wounds. This exploration is a regulating juridical examination. The regularizing juridical methodology is a methodology that inspects speculations, ideas, lawful standards and legal guidelines. The strategy of gathering essential lawful materials and optional legitimate materials utilizes the strategies of gathering lawful materials with writing study. The outcomes showed that the utilization of the law against the wrongdoing of planned homicide and abuse of kids bringing about genuine wounds disregards Article 340 of the Criminal Code and Article 80 Paragraph (2) of Law Number 23 of 2002 concerning Child Protection, demonstrating that the respondent perpetrated the wrongdoing of planned homicide. What's more, youngster misuse bringing about genuine wounds. The appointed authority's thought in dealing with this wrongdoing, forces a daily existence detainment. The respondent was accused of having perpetrated a wrongdoing of planned homicide which brought about the passing of casualty Christina Tandioga and youngster misuse which brought about genuine injury to Sestika Santika. For instance, the essential incrimination of the Public Prosecutor, Article 340 of the Criminal Code and the second prime incrimination of the Public Prosecutor, Article 80 Paragraph (2) of Law Number 23 Year 2002.
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Zimmermann, Annette. "Criminal Disenfranchisement and the Concept of Political Wrongdoing." Philosophy & Public Affairs 47, no. 4 (November 2019): 378–411. http://dx.doi.org/10.1111/papa.12153.
AbstractTransitional justice refers to the process of dealing with widespread wrongdoing characteristically committed during the course of conflict and/or repression. Examples of such processes include criminal trials, truth commissions, reparations, and memorials. Technology is altering the forms that widespread wrongdoing takes. Technology is also altering the form of processes of transitional justice themselves. This essay provides a map of these changes and their normative implications.
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Crofts, Penny. "Criminalising Institutional Failures to Prevent, Identify or React to Child Sexual Abuse." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 104–22. http://dx.doi.org/10.5204/ijcjsd.v6i3.421.
Although there is increasing academic recognition of corporations as criminogenic, the criminal legal system has demonstrated difficulties in conceptualising corporate culpability. The current Royal Commission into Institutional Responses to Child Sexual Abuse provides ample evidence of why organisations can and should be criminalised for systemic failures. I demonstrate that the emphasis upon individualistic subjective culpability by the criminal legal system does not adequately encapsulate the institutional failings detailed before the Royal Commission. Whilst mandatory reporting offences are important, these offences do not adequately respond to the kinds of organisational failings identified by the Royal Commission. I argue in favour of developing a new institutional offence constructed upon realist concepts of negligence and/or corporate culture that recognises that organisations are capable of wrongdoing and sufficiently blameworthy to justify the imposition of criminal sanctions. I conclude by arguing that the expressive role of criminal law justifies and requires the criminalisation of this kind of organisational wrongdoing.
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Mousourakis, George. "Wrongdoing, Culpability and the Logic of Criminal Law Defences." Acta Juridica Hungarica 44, no. 1-2 (August 2003): 67–87. http://dx.doi.org/10.1556/ajur.44.2003.1-2.4.
Due to the coalition agreement of CDU/CSU and SPD the German Government shall
implement a new act on corporate criminal liability before the end of the current election
period. After an informal draft from the ministry in lead, the BMJV, was leaked to the
public this issue is frequently discussed in the media. The author tries to give an overview
on the main items of the draft law, the major concerns against it and the mediating draft
of the Munich Concept.
2
Smith, Graham Richard. "Police crime : a constitutional perspective." Thesis, University College London (University of London), 1998. http://discovery.ucl.ac.uk/1349601/.
It is held that the police officer is liable at criminal and civil law the same as the citizen; given constitutional expression in the common law office of constable. Yet, in the execution of their duty police officers are prone to committing a range of criminal offences - assault, false imprisonment, perverting the course of justice - defined in this thesis as police crimes. Statistical analysis reveals that police officers are rarely prosecuted for these offences, suggesting that criminal liability is an illusion, and civil proceedings have become an increasingly popular remedy for police wrongdoing. This thesis holds that ss.48 and 49 of the Police Act 1964 played a prominent part in undermining the police officer's accountability to the law. This was achieved under s.48 by removing the police officer's personal responsibility for his wrongdoing at civil law, and introduction of a vicarious liability rule. And, under s.49, by definition of reports of alleged criminal offences committed by police officers as complaints, and codification of a separate criminal procedure. Since the 1964 Act, statute and case law on police wrongdoing have caused further damage to the constitutional position by emphasising the internal police complaint and disciplinary processes and devaluing issues of liability. It is argued that there is a conflict between the ancient office of constable and the recently developed doctrine of constabulary independence, and it is proposed that a 'balance model' accurately reflects the constitutional position of the police. This thesis examines recent developments at common law alongside the statutory trend, including intended reform of the complaint and discipline processes, and concludes that the integrity of the constitutional position has been seriously damaged. It is proposed that the police officer is no longer accountable to the law for his wrongdoing in like manner as the citizen, and the office of constable survives as a constitutional fiction.
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Waller, Heath Frederick. "Moral reform and the desiderata of responses to wrongdoing: the production of a "morally autonomous person freely attached to the good"." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1003805.
Moral reform is a neglected response to wrongdoing that has been incorrectly portrayed as a practice involving illegitimate treatment of wrongdoers and as totally unsatisfying to those theorists advocating backward-looking practices such as retributive punishment. A clear explanation of the ethical legitimacy and practical necessity of the reformative techniques moral reform involves has been missed, and this paper details the design of moral reform proper in order to fill this gap in punishment theory. The moral reform of an offender is identified as a desideratum of responses to wrongdoing and it is explained what moral reform ought to entail. The claim that moral reform qualifies as the overriding aim of responses to wrongdoing is argued for on the grounds that this practice is capable of achieving all the established ends of responses to wrongdoing. The legitimate desiderata of our practices are identified as those usually selected as the ends of punishment practices, and moral reform must accomplish these if it is to be accepted. Moral reform is shown to realise the goals of punishments as the fortunate effects of what is done to achieve an offender's moral improvement and of what reformees do in taking responsibility for their actions. The suffering involved in moral reform receives particular emphasis since the practice will never satisfy unless it accommodates the widely-held intuition that the offender must suffer sufficiently as a consequence of his wrongdoing. Moral reform is further portrayed as the most meaningful practice for its ability to satisfy the appropriate needs and desires victims have in response to their victimization. A central claim of the thesis is that moral reform best serves the victim, since it most effectively relieves the victim's emotional responses to wrongdoing and is as adept as punishment at the expression of these same emotions. Reformers advocate a constructive response to wrongdoing that benefits all affected parties. KMBT_363 Adobe Acrobat 9.54 Paper Capture Plug-in
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Joffily, Tiago. "Desvalor da ação e desvalor do resultado como fundamentos do injusto penal: uma revisão a partir do modelo habermasiano de sociedade." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=5730.
A presente tese propõe um modelo de injusto penal rigorosamente dualista, assimentendido aquele que, ao lado do desvalor da ação, exija sempre e necessariamente a efetivaocorrência de um desvalor do resultado, consistente na afetação, danosa ou perigosa, da esferade existência de terceiros. A hipótese que conduz a investigação é a de que, mesmo diante dosmovimentos expansionistas do poder punitivo hoje verificados, é possível defender a viabilidade de tal concepção de injusto penal. Para a demonstração dessa hipótese, parte-se domodelo dual de sociedade proposto por Jürgen Habermas, que tem na teoria do agircomunicativo a chave para a proteção do mundo da vida frente aos influxos colonizatóriosprovenientes dos sistemas econômico e político administrativo. A partir desse marco teórico,propõe-se uma releitura de alguns dos conceitos fundamentais da teoria do delito, de modo aconferir-lhes interpretação compatível com a concepção dualista rigorosa de injusto adotada.Por fim, para verificar a plausibilidade da hipótese colocada, tais conceitos fundamentais sãopostos à prova diante de situações teóricas tradicionalmente classificadas como de difícilconciliação com uma concepção de injusto baseada na necessária ocorrência de desvalor doresultado, como é o caso dos crimes de perigo abstrato e dos crimes tentados. The thesis you have in hands proposes a concept of crime in which wrongdoing and
harmfulness must be always combined and considered together as elements of a criminal
offense in order to demonstrate the real affectation of third parties. The main hypothesis is
that even facing an expansionist tendency toward incarceration and overcriminalization it is
still possible to defend the viability of such a concept of crime. With the purpose of
demonstrate this hypothesis, the Habermas's dualistic society model and his theory of
communicative action are taken as a point of departure and based on them we intend to
review some of the elements that compose the concept of criminal offense. Finally, the thesis
will be challenged against controversial existing rulings (such as victimless crimes) to verify
if their reasoning are compatible with such a dualistic concept of crime, which deny the
possibility of existing criminal offenses without harm to others.
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Foley, Anthony James. "Asking the Restorative Question in Response to Criminal Wrongdoing - Widening the Scope for Legal and Restorative Integration." Phd thesis, 2009. http://hdl.handle.net/1885/49374.
This thesis poses a normative question. It asks how a response to criminal wrongdoing should be reframed so as to achieve justice. The question is asked in the context of debates on the role of restorative justice and within a conceptual framework that sees justice as primarily concerned with distribution. Conventional responses to wrongdoing accept that offenders must be given their deserts and treated equally, and that all persons affected by the wrongdoing must have their rights promoted and protected. What is distributed to meet these aims is mostly in the form of burdens, primarily coercively imposed punishment. This thesis offers new insights into how well such conventional responses meet the needs of justice. It says that not all of what is required to mark such distributions as just is currently acknowledged. What is missing is a focus on removing the burdens imposed as a consequence of wrongdoing. There is an explicit failure to accept that benefits as well as burdens need to be distributed, primarily benefits of repair necessary to restore damaged individuals and relationships. What is also lacking is a more effective means to trigger crime prevention. This thesis argues that it is only by asking ‘the restorative question’ in all responses to wrongdoing that institutional responses can be rendered more effective in meeting these deficiencies. This thesis considers the benefits that the restorative practice of justice brings to this issue. Empirical evidence gathered from sites of practice shows that restorative responses provide many missing elements. They address the need to re-establish iv harmonious social relationships and to consider the imposition of necessary burdens through means other than punishment. Restorative practice nonetheless has its own inadequacies as a form of justice practice in response to wrongdoing. These limitations are highlighted when the seriousness of the wrongdoing calls for a strongly retributive response. Consequently rather than representing a replacement discourse, restorative practice acts best in a complementary role to conventional legal justice. Using methodology which integrates a normative/doctrinal/philosophical approach with ethnographic methods and legal and historical studies, this thesis offers a fundamental reworking of the justice response to wrongdoing. By means of this analysis, the thesis develops a set of institutional design ideas about how best to restructure the response to criminal wrongdoing. ...
Books on the topic "Criminal wrongdoing":
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Isaacs, Tracy Lynn. Accountability for collective wrongdoing. Cambridge: Cambridge University Press, 2011.
Yalof, David Alistair. Prosecution among friends: Presidents, attorneys general, and executive branch wrongdoing. College Station: Texas A&M University Press, 2012.
Yalof, David Alistair. Prosecution among friends: Presidents, attorneys general, and executive branch wrongdoing. College Station: Texas A&M University Press, 2012.
Fenwick, Mark. "Corporate Wrongdoing and the Limits of the Criminal Law." In Facing the Limits of the Law, 1–15. Berlin, Heidelberg: Springer Berlin Heidelberg, 2008. http://dx.doi.org/10.1007/978-3-540-79856-9_7.
Wortley, Richard. "Whistle-blowers as Capable Guardians: The Decision to Report Wrongdoing as a (Boundedly) Rational Choice." In The Criminal Act, 196–213. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137391322_14.
Cavender, Gray, and Nancy Jurik. "Criminal Justice/Social Justice: The Co-optation and Insulation of Organizational Wrongdoing." In Borders and Crime, 93–112. London: Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1057/9781137283825_6.
Tadros, Victor. "Wrongdoing and Motivation." In Philosophical Foundations of Criminal Law, 206–27. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199559152.003.0010.
Simester, A. P. "Crime, Responsibility, Culpability, and Wrongdoing." In Fundamentals of Criminal Law, 3–25. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853145.003.0001.
This chapter provides a theoretical overview of criminal law, claiming that it has multiple functions. Among other things, the criminal law operates to prevent certain kinds of wrongs, and to punish them when they occur. Those functions are compatible; but they are often thought to be in tension. Whether preventive, interrogative, or punitive, all parts of the criminal justice system need justification. The chapter then briefly introduces at five foundational principles for criminal law: culpability, legitimate enactment, moral responsibility, wrongdoing, and ascriptive responsibility. Culpability is served by moral responsibility, and it is entwined with wrongdoing: but the latter principles, and the doctrines they govern, are independently significant. The principle of ascriptive responsibility, on the other hand, is related more closely to wrongdoing and legitimate enactment than to culpability per se. Its primary function is to moderate the state’s generic prohibition by identifying those defendants who fall within its scope. As such, it is primarily a criminalization principle.
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Tadros, Victor. "Wrongdoing and Motivation." In The Ends of HarmThe Moral Foundations of Criminal Law, 139–66. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199554423.003.0007.
Simester, A. P. "On the Moral Distinction between Intention and Advertence." In Fundamentals of Criminal Law, 377–99. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853145.003.0016.
This chapter discusses the moral implications of the distinction between intention and advertence. Excepting the special category of oblique intention, the criminal law broadly embraces the distinction outlined in the previous chapter, between intended actions and those merely foreseen. That embrace calls for normative defence. One way of defending it is to appeal to what can be called the standard view, that intended wrongdoing is, ceteris paribus, inherently more culpable than advertently risked wrongdoing. However, there are reasons to doubt the standard view. This chapter offers a different, albeit compatible, explanation. On the account presented here, the most systematic difference between intended and foreseen wrongdoing is not measured in degrees of culpability. Rather, it is worked out in terms of what actions may legitimately be invoked to justify pro tanto wrongdoing. In general, foreseen actions do not lend any favourable weight to the justification of intended ones, whereas intended actions can lend favourable weight to the justification of foreseen ones.
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Simester, A. P. "Prolegomenon to Part III." In Fundamentals of Criminal Law, 231–36. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853145.003.0010.
This chapter provides an overview of Part III of the book, which focuses on the principles of culpability and wrongdoing in criminal law. The culpability principle mandates that conviction of a criminal offence, or at least of a stigmatic criminal offence, should not normally occur unless the accused is (morally) culpable with respect to committing that offence. The wrongdoing and culpability principles are intertwined. Paradigmatically, one does not convict defendants of ‘being a criminal’; one convicts them of a named wrong. Ultimately, a full account of culpability in the criminal law demands an account of the relationship between culpability, wrongdoing, mens rea, and defences: and of how the criminal law reflects that; or at least, of how Anglo-American law would reflect that, were it to satisfy the culpability principle.
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Tadros, Victor. "Accountability for Wrongdoing in War." In To Do, To Die, To Reason Why, 301–24. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198831549.003.0013.
This chapter is about the institutional mechanisms for holding people accountable for wrongdoing in war. The main form of accountability that many people have in mind when they consider responsibility for serious wrongdoing in war is akin to the criminal model. But, it is argued, there is a much more limited role for criminal punishment, even though a great deal of wrongdoing in war is serious enough to warrant the criminal response. Other responses, which aim at capturing the range and scope of wrongdoing in war as a whole, provide at least as important a mechanism for ensuring that wrongdoing is responded to in an appropriate way.
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Brink, David O. "The Nature and Significance of Culpability." In Fair Opportunity and Responsibility, 152–77. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198859468.003.0007.
Narrow culpability is the elemental sense of mens rea, which provides the mental or subjective dimension of criminal wrongdoing. Broad culpability is the responsibility condition in virtue of which the agent’s wrongdoing is blameworthy and without which she would be excused. Inclusive culpability is the combination of wrongdoing and responsibility that together make the agent blameworthy and deserving of blame and punishment. Each kind of culpability plays an important role in a broadly retributive rationale for the criminal law that predicates blame and punishment on the fair opportunity to avoid wrongdoing. Different kinds of culpability align with attributability and accountability. Strict liability crimes that permit liability without culpability are rejected.
