Stigma, Labelling, and “Corporate Psychopaths”: A Legal Perspective

The paper explores the limitations of class instrumentalist analyses of law in accounting for the failure of the criminal justice system to control corporate crime. The first part of the paper examines current theoretical perspectives in Canadian corporate crime research, with particular emphasis on the class instrumentalist analyses of law which predominate in the literature. The remainder of the paper seeks to develop a critical analysis of corporate crime which avoids the reductionism of such class instrumentalist analyses. In particular, it is argued that attempts to theorize the failure of the criminal justice system to respond to corporate crime require investigation not only of external factors influencing the enactment and enforcement of legislation, but also of the manner in which ideological discourses are articulated through the form and content of criminal law in such a way as to reproduce the popular consent for the differential treatment of suite and street crime. Failure to problematize the ideological role of criminal law in legitimating the differential treatment of corporate and street crime is likely to undermine attempts to make corporate offenders more accountable for their illegal behaviour by further criminalizing certain types of corporate behaviour.

In Part 1 of this two part review essay that explores the relationship between psychopathy and corporate crime, we introduce and discuss the concepts of corporate crime and psychopathy and then examine the leading theories of corporate crime within the discipline of criminology. We show how these approaches tend to fall short as thorough explanations of corporate crime and then illustrate how the concept of psychopathy can help us better understand it. Recent examples of corporate wrongdoing committed in the oil, automobile, and financial industries presented in Part 2 illustrate recent behaviors of corporations that are consistent with psychopathy.

For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate criminal enforcement overdeters beneficial corporate activity or in the alternative, lets corporate criminals off too easily. This debate has recently expanded in its polarization: On the one hand, academics, judges, and politicians have excoriated enforcement agencies for failing to send guilty bankers to jail in the wake of the 2008 financial crisis; on the other, the U.S. Department of Justice has since relaxed policies that encouraged individual prosecutions and reduced the size of fines and number of prosecutions. A crucial and yet understudied piece of evidence in this debate is to understand how corporate crime rates have responded to changes in enforcement practices. And yet, unlike most other types of crime, the government does not provide data about corporate crime levels. Therefore, we cannot easily determine whether these policy changes are effectively deterring future incidents of crime. In this paper, we take important first steps in determining whether corporate crime, and financial institution crime in particular, is on the rise. Specifically, we proxy for corporate crime using three novel sources: the Financial Crimes Enforcement Network (FinCEN) Suspicious Activity Reports (SARs), consumer complaints made to the Consumer Financial Protection Bureau (CFPB), and whistleblower complaints made to the Securities and Exchange Commission (SEC). Each source reveals an increase in complaints or reports indicative of corporate misconduct in the wake of the 2008 financial crisis. We also examine levels of public company recidivism and find that they are also on the rise. And we document a potential explanation: recidivist companies are much larger than non-recidivist companies, but they receive smaller fines than non-recidivist companies (measured as a percentage of market capitalization and revenue). Put simply, for large companies, criminal penalties may be just another cost of doing business—and quite a low cost at that. We conclude by offering recommendations for enforcement agencies and policymakers. In particular, our results suggest that enforcers are unlikely to achieve optimal deterrence using fines alone. Enforcement agencies should therefore consider other ways of securing deterrence, such as by seeking penalties against guilty individuals and the top executives who facilitate their crimes.

Coverage, insight and understanding of illegal fishing are understood and adhered to in Indonesian positive law is stealing fish and have a big impact on the economy of the country. Therefore, the essence of regulation and prosecution of illegal fishing in Indonesia should be understood in the prosecution of large-scale illegal fishing, which is generally carried out by foreign fleets, foreign vessels are illegal, which has also resulted in harming the country's economy (Indonesia) trillions of dollars each year. With the model and the type of large-scale theft and harm the national economy, the handling of the regulations should be directed at / to overcome the evils of large-scale and complicated (sophisticated), which belong to the type of crime white collar crime or corporate crime. Know and understand the ins and outs as well as the existence of corporate crime, for law enforcement is a necessity in this modern era, this paper therefore focuses on two keywords (key word) illegal fishing and corporate crime. Knowing and understanding the concepts and regulations surrounding corporate crime and illegal fishing be an important contribution in the process of law enforcement. With the understanding of illegal fishing and corporate crime will be a strong foundation for any legal practitioner, especially of law enforcement in the event proceeds and determine the type and classification of appropriate criminal and law enforcement especially true for judges to dare and did not hesitate to impose sanctions on each involved in illegal fishing or corporate offenders. With a firm and clear sentences, and certainly, the law enforcement officers not only enforce the law and justice but also has saved the country's economy, by preventing potential loss of national wealth, as the implementation of the function of law as an instrument of social engineering. Keyword: Illegal Fishing, Crime Corporation, Breaktrhough of criminal Law

This chapter outlines recent developments in the emergence within Europe of systems of criminal law designed to hold corporate bodies liable where they cause the deaths of workers or members of the public. These changes point to the emergence of a new, more punitive, legal culture in relation to corporate crime. At the same time, however, there is evidence to suggest that this punitive culture is not uniform; different national jurisdictions reflect it to differing degrees. The chapter explores the degree to which the UK’s willingness to criminalise work-related deaths is mirrored elsewhere in Europe, and identifies some factors that might account for variations in this regard. In particular, attention is paid to the influence that social and political culture have on practices in this area. It is written as part of a research handbook on corporate crime in Europe, so has an eye on a more generalist audience in some regards.

Corporate crime has become a significant challenge for modern legal systems due to its far-reaching impact on the public interest. This article explores the role of criminal law in addressing corporate crimes that harm society, focusing on the effectiveness of legal frameworks in deterring unlawful corporate practices. The research identifies key elements of criminal law that are essential in prosecuting corporate crime, such as corporate liability, accountability, and the role of regulators in ensuring compliance. It emphasizes the importance of a strong legal framework that not only punishes wrongdoing but also encourages preventive measures within corporate governance. By analyzing case studies of corporate crimes that affected public health, the environment, and financial stability, the paper assesses the current state of corporate crime legislation and proposes improvements to enhance the law's ability to protect public interests. Furthermore, the article discusses the need for international cooperation in tackling transnational corporate crimes, where national legal systems often face limitations. The research concludes by suggesting that an integrated approach, combining criminal law enforcement with proactive regulatory policies, is crucial for achieving greater corporate accountability and safeguarding the public interest.

A decade ago, the Chinese leadership frankly acknowledged that the model of a fully planned economy, with its system of state-owned and state-run enterprises, was what Lenin had called “a bureaucratic dream.” 86 Today, state-owned enterprises are enjoying far more freedom to operate, and the state is trying to control them with more law and fewer plans. The use of criminal law to confront corporate crime is part of the effort to import “advanced management methods” from the West. Nonetheless, in the context of state ownership and Party leadership, the appropriateness of this approach is questionable. The Company Law is a new instrument to bring about fundamental changes in China's system of business organizations. These changes will help determine the scope and limits of criminal law, as applied to corporate enterprises, in the next decade. In this context, I would suggest replacing the concept ofdanwei crime with the concept of corporate or company (gongsi) crime; distinguishing thosefaren that can independently bear criminal liability from those that cannot; and clearly defining the elements of corporate offenses. Corporate criminal liability is a concept applicable when the corporation not only commits the crime but also has the legal capacity to be liable in its own right. Individual liability is still the sole principle applicable to a government agency, even if the crime is collectively committed. Given the historic context of China's socioeconomic reform, criminal law reform can advance only gradually. To insure that Western concepts fit the Chinese setting, lawmakers must make certain that every new criminal statute or regulation is enforceable even where enterprises remain closely interconnected with the state and decision-makers in publicly owned enterprises are mainly appointees of the state.

We have addressed in this research, the impact of authoritative judgment in the criminal and disciplinary decisions in the Iraqi law, and that shed light on the extent of the disciplinary authorities commitment to the provisions of the criminal conviction, and the impact of the acquittal and release before the Disciplinary authorities penal provisions. And we came to the need to adhere to governing penal issued acquittal for the absence of the physical presence of the facts, the criminal judgment of the release for lack of evidence, to Aiqiad disciplinary authorities and thus Nothing shall prevent the accountability of the employee released disciplinary, may be the views of the disciplinary punishment of civil servants for other disciplinary offense other than those acquitted or released with him, including criminal, that put himself into suspicions when he undue.

Crime committed by a legal entity is an unavoidable social phenomenon in the process of modern socio-economic development in different countries of the world. The crime of a legal entity in modern Chinese criminal law is called a corporate crime. Since the establishment of the people's Republic of China until 1979, only the criminal liability of individuals has been recognized in the field of Chinese criminal law and criminal law theory. Corporate criminal responsibility in the People's Republic of China was established in a completely new historical context: with the development of the commodity economy and market economy in the new China, corporate crimes appeared in public life and gradually spread in the middle and second half of the 1980s, so that regulation through laws became a requirement for the Chinese society to function normally. In this social context, the Standing Committee of the All-China People's Congress has passed a number of laws that provide for corporate crimes. Before the Criminal Code of the People's Republic of China came into force of in 1997, corporate crimes already accounted for about one third of all offences stipulated in specific criminal and non-criminal laws, which lead to the final establishment of corporate criminal responsibility in the new Criminal Code of China. The author analyzes the problem of criminal liability for corporate crimes in the criminal law of the People's Republic of China from the standpoint of traditional theory, as well as predicts the appropriate trends in the future development of theoretical approaches to bringing legal entities to criminal responsibility in a risk society. According to the author, in a risk society, effective prevention of risks in the activities of legal entities is inseparable from the efforts of legal entities themselves, and criminal law, as one of the tools for risk distribution, is aimed primarily not at punishment, but at increasing the motivation of legal entities to achieve this.

As the market economy develops, some countries, in particular the People's Republic of China, have criminalized legal entities for corporate crimes, which are crimes committed for and/or on behalf of organizations. This paper deals with the theoretical and practical aspects of corporate crime, compares the concepts of corporate crime in Western and Eastern criminal law doctrines, presents a typology of corporate crimes in China, and analyzes the methods of combating corporate crime in the PRC. In the era of global capitalism and advanced technology, including e-commerce, we can expect a further rise in corporate crime. Corporate crime is also strongly correlated (but not equated) with other types of crime, in particular white-collar, economic, and organized crime. At the present stage, the key element in combating corporate crime in China is the improvement of legislation aimed at preventing intra-company crime and developing compliance programs to reduce the risks of unlawful behavior among employees and managers. Although the Russian legislation lacks criminal liability for legal entities, the experience of preventing and combating corporate crime in the PRC can and should be used to prevent unlawful behavior of legal entities in Russia.

This dissertation, entitled “Beyond the Leaf: Exploring Perspectives on Medical Cannabis Regulation and Treatment Accessibility,” examines the perceptions of key stakeholders on the regulation of medical cannabis and its implications for treatment accessibility in the Philippines. Adopting a qualitative phenomenological design, data were gathered through semi-structured interviews with twelve (12) informants, including medical practitioners, legal and enforcement professionals, and patients. Colaizzi’s method of analysis guided the process, wherein significant statements were extracted, meanings formulated, and clustered into themes aligned with the study’s three Statements of the Problem (SOPs). Findings revealed ten (10) major themes. Under SOP 1, stakeholders expressed widespread support for strict regulation, emphasized the necessity of legal clarity and safeguards, and highlighted the importance of human rights and compassionate access. For SOP 2, treatment accessibility was hindered by bureaucratic processes within the Compassionate Special Permit (CSP), regulatory and institutional gaps, and economic burdens, underscoring the need for local supply systems. SOP 3 identified decision-shaping factors including perceived therapeutic value and evidence-based practice, persistent social stigma and professional risk, institutional readiness and training gaps, and policy fragmentation across agencies. The study applied Rational Choice Theory, the Health Belief Model, Labeling Theory, and Public Policy Theory to interpret findings, which were corroborated by both local and international literature. A key contribution of this research is the formulation of a proposed Department Order framework that provides concrete policy recommendations for regulating medical cannabis. This framework integrates clinical, legal, and human rights perspectives, positioning the study as a significant evidence base for guiding future legislation, enhancing patient access, and strengthening institutional readiness in the Philippine context. Keywords: Medical Cannabis, Regulation, Treatment Accessibility, Phenomenology, Rational Choice Theory, Health Belief Model, Labeling Theory, Public Policy Theory, Philippines

Although the common law's embrace of a mens rea requirement in the criminal law reflected an advance—on both moral and efficiency grounds—over ancient law, recent legal developments suggest an unfortunate return to what are, in effect, strict liability crimes. Some modern criminal laws have explicitly abandoned any mens rea requirement, creating de jure strict liability; more commonly and insidiously, criminal laws applicable to many regulated industries are so ambiguously drafted, and entail such severe penalties, that the effect of the law is what we call de facto strict liability. In this article, we argue that these two trends-soaring penalties for corporate crimes and dilution of a mens rea requirement – could have the paradoxical consequence of creating more corporate crime and not, as the standard story goes, less.We conceive of the competition for corporate control as waged by three human types— ideal entrepreneurs (who are risk-neutral with respect to business decisions, but risk-averse with respect to compliance with the criminal law), swashbucklers (who are risk-neutral with respect to both business decisions and criminal law compliance) and bean counters (who are risk-averse on both of these margins). From society's perspective, the optimal environment is one that allows the ideal entrepreneur to thrive. Unlike bean counters, she is willing to take entrepreneurial risks that benefit society. Unlike swashbucklers, she is hard-wired to comply with the criminal law even at substantial cost. But as the criminal law becomes increasingly draconian, and its application unpredictable —that is, as it becomes one of de facto strict liability —our model demonstrates that she will flee for other environments. As every increase in criminal penalties more thoroughly drives away the ideal entrepreneurs, adverse selection operates, and swashbucklers more completely dominate the field. The ultimate irony is that the indeterminate widening of the scope of white-collar criminal law, and the penalties that attach for its violation, may drive away the very people most susceptible to being deterred by the criminal law.

Corporate crime continues to occur at an alarming rate, yet disagreement persists among scholars and practitioners about the role of corporate criminal prosecution. Some argue that corporations should face criminal prosecution for their misconduct, while others would reserve criminal prosecution for individual corporate officials. Perhaps as a result of this conflict, there has been a dramatic increase over the last decade in the use of deferred prosecution and non-prosecution agreements for some corporate crimes, even as the government continues to bring criminal charges for other corporate crimes. To move beyond our erratic approach to corporate crime, we need a better understanding of what is accomplished by the criminal prosecution of corporations, a construct that considers retributive and utilitarian theories but also takes into account the expressive function of criminal law and the societal need for condemnation, accountability, and justice when crime occurs.In this article, I provide a justification for corporate criminal prosecution that identifies the moral content of corporate crime, considers the deterrent value of corporate prosecution, and explains why the expressive value of the criminal law is indispensable in the corporate context. Corporate wrongdoing has pernicious effects on our communities, the economy, and the environment, which warrant the condemnation the criminal law provides. Criminal prosecution of corporations upholds the rule of law, validates the choices of law-abiding companies, and promotes accountability. Together those values contribute to our sense that justice has been done when crime occurs, which enhances trust in the legal system, provides the opportunity for societal catharsis, and allows us to move forward in the aftermath of criminal activity. When corporations face no consequences for their criminal behavior, we minimize their lawlessness, and increase cynicism about the outsized influence of corporations.

Corporate Crime, published in 1980, is the first and still the only comprehensive study of corporate law violations by our largest corporations in the Fortune 500. This chapter discusses the development of a criminological interest in corporate crime. It explains the nature of corporate crime, and discusses a number of issues involved in its study. The chapter also includes a comparative view of corporate crime twenty-five years after the publication of Corporate Crime. In legal terms, corporate crimes are, as Sutherland stated in White Collar Crime, administratively segregated from conventional or ordinary crime. This differential treatment is a product in part of the power of corporations to influence legislation so that violations do not have the stigma of the criminal law. Corporate Crime was basically similar in approach to that used by Sutherland: both studied the largest corporations and attempted to cover a wide range of types of violations and enforcement actions.

Corporate crimes that occur in the environment, which refer to acts of environmental pollution or destruction carried out by companies, have become a fundamental issue in the modern era. This article discusses a review of conventional law and Islamic law regarding this corporate crime. From a conventional legal perspective, Indonesia has various regulations governing environmental pollution, such as Law no. 32 of 2009 concerning Environmental Protection and Management. This regulation requires companies to maintain environmental sustainability and provides sanctions for companies that violate it. Islamic law also has a firm perspective on environmental damage. In the Qur'an and hadith of the Prophet Muhammad SAW. It also contains many verses and histories that emphasize the importance of preserving nature. Islam also views environmental damage as a major sin that must be punished. This article examines the similarities and differences between conventional law and Islamic law in dealing with corporate crimes in the environment. The result of examining this is to state that both legal systems have the same goal, namely maintaining and protecting environmental sustainability. However, there are differences in terms of sanctions and law enforcement procedures. This article concludes that synergy is needed between conventional law and Islamic law to effectively tackle corporate crime in the environment. Strict law enforcement efforts and appropriate sanctions must be applied to provide a deterrent effect for companies that commit violations. Abstrak Kejahatan korporasi yang terjadi pada lingkungan, yang menyatakan pada tindakan pencemaran atau perusakan lingkungan yang dilakukan oleh perusahaan, telah menjadi isu fundamental di era modern. Artikel ini membahas tinjauan hukum konvensional dan hukum Islam terhadap kejahatan korporasi ini. Dari perspektif hukum konvensional, Indonesia mempunyai beragam peraturan yang mengatur tentang pencemaran lingkungan, seperti Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup. Peraturan ini mewajibkan perusahaan untuk memelihara kelestarian lingkungan dan memberikan sanksi untuk perusahaan yang melanggarnya. Hukum Islam juga memiliki perspektif yang tegas terhadap kerusakan lingkungan. Dalam Al-Qur’an dan hadis Nabi Muhammad SAW. Pun banyak memuat ayat dan riwayat yang menekankan pentingnya memelihara kelestarian alam. Islam juga memandang kerusakan lingkungan sebagai dosa besar yang harus dihukum. Artikel ini menelaah persamaan maupun perbedaan antara hukum konvensional dan hukum Islam dalam membereskan kejahatan korporasi pada lingkungan. Hasil daripada menelaah hal tersebut yaitu menyatakan bahwa kedua sistem hukum memiliki tujuan yang sama, yaitu memelihara maupun melindungi kelestarian lingkungan. Namun, terdapat perbedaan dalam hal sanksi dan prosedur penegakan hukumnya. Artikel ini menyimpulkan bahwa diperlukan sinergi antara hukum konvensional dan hukum Islam untuk menanggulangi kejahatan korporasi pada lingkungan secara efektif. Upaya penegakan hukum yang tegas dan sanksi yang setimpal harus diterapkan untuk memberikan efek jera bagi perusahaan yang melakukan pelanggaran. Kata Kunci: Korporasi, Sanksi