skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 236261 Find in a Library
Title: When Business Conduct Turns Violent: Bringing BP, Massey, and Other Scofflaws to Justice
Journal: American Criminal Law Review  Volume:48  Issue:2  Dated:Spring 2011  Pages:287-333
Author(s): Jane F. Barrett
Date Published: 2011
Page Count: 47
Publisher: http://www.law.georgetown.edu 
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article focuses on the use of criminal law to hold accountable those responsible for business conduct that leads to events that seriously injure or kill workers employed by those businesses or any other person.
Abstract: Section I of the article reviews two egregious case examples that illustrate the repetitive nature of risky and dangerous conduct by business leaders and managers that lead to catastrophes for workers, any other person, and the general public. The examples involve BP p.l.c., one of the world’s largest energy companies, and Massey Energy, one of the largest bituminous coal producers in the United States, with mines in Virginia, West Virginia, and Kentucky. Section I also argues that corporate criminal fines are ineffective as the sole deterrent for such conduct, as they are often viewed as the cost of doing business that involves risky practices designed to save money. Section II discusses individual accountability as a critical part of the criminal enforcement of health, safety, and environmental laws. Section III reviews the criminal provisions of existing health, safety, and environmental laws. It also highlights Title 18 statutory provisions that can be used for more effective prosecution of these cases. Section IV suggests than an 1838 statute, the Seaman’s Manslaughter Law, can be used as a model for new legislation that would target those who’s conscious conduct results in the death or serious bodily injury of workers or the general public. This law provides for fines, imprisonment, or both for any captain, engineer, pilot, or other person employed on any steamboat or vessel whose misconduct, negligence, or inattention to his duties on such vessel results in the death of any person. The law also targets any owner, charterer, inspector, or other public officer whose fraud, neglect, misconduct, or law violation results in the death of any person. 264 notes
Main Term(s): Criminology
Index Term(s): Corporate crimes; Corporate criminal liability; Manslaughter; Occupational safety and health; White collar crime; White collar offenders
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=258255

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.