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Policy Considerations in Corporate Criminal Prosecutions After People v. Film Recovery Systems, Inc.

NCJ Number
109269
Journal
Notre Dame Law Review Volume: 62 Issue: 5 Dated: (1987) Pages: 913-939
Author(s)
J C Magnuson; G C Leviton
Date Published
1987
Length
27 pages
Annotation
This article examines legal issues associated with People v. Film Recovery Systems, Inc., in which two corporations were found guilty of involuntary manslaughter and reckless conduct in the hydrogen-cyanide poisoning death of one worker and serious injury to several others.
Abstract
The article initially discusses the facts of the case, followed by an examination of the corporate homicide doctrine, its statutory basis, and its applicability to corporations and individuals acting on behalf of corporations. The discussion then turns to the issue of foreseeability, which involves the state's proving that the corporate defendant's conduct could foreseeably result in death or bodily harm. A discussion of the feasibility of 'piercing the corporate veil' focuses on legal issues in establishing criminal liability for the entity (individual, partnership, association, or corporation) legally accountable for the criminal conduct of a corporation by virtue of its control, influence, or relation to the corporate defendant. After reviewing the defenses of due diligence and Federal pre-emption, the article concludes with an assessment of policy considerations in bringing corporate criminal prosecutions. The authors reason that such corporate criminal prosecutions are warranted because they sensitize prosecutors, regulatory agencies, and employers to worker safety. 125 footnotes.