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NCJ Number: 154557 Find in a Library
Title: Corporate Performance Crime as Structurally Coerced Action
Journal: Australian and New Zealand Journal of Criminology  Volume:28  Issue:1  Dated:(March 1995)  Pages:73-92
Author(s): A N Sharpe
Date Published: 1995
Page Count: 20
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Australia
Annotation: This paper argues that corporate performance crime, which consists of offenses by corporate managers and employees for the benefit of the corporation rather than themselves, can be described as structurally coerced action.
Abstract: This description is appropriate because this form of crime represents the most reasonable response to a sanction- containing organizational demand set beyond a legitimately attainable threshold. This account of corporate performance crime recognizes the importance of structural strain, rational choice, and social learning experiences as crucial factors. However, the concept of coercion as a moral concept requires a further component: encroachment upon some moral right. Strain theory provides a space for the assertion of encroachment upon this moral right, while the theories of rational choice and social learning help explain the reasonableness of action. The designation of corporate performance crime as coerced action contains implications for criminal responsibility, punishment, and crime prevention strategies. Notes and 104 references (Author abstract modified)
Main Term(s): Corporate criminal liability
Index Term(s): Corporate crimes; Vicarious liability; White collar crime
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