CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, August 18, 2009

Simpson on Corporate Criminal Intent

William A. Simpson (Metropolitan State College of Denver) has posted Corporate Criminal Intent on SSRN. Here is the abstract: 

This paper is about the corporation as criminal defendant. In common-law legal systems a fully constituted criminal offence normally requires proof of both the proscribed action (actus reus) and criminal intent (mens rea). However, it appears highly artificial to describe corporate mens rea with ordinary language terms such as “knowledge,” “belief,” “desire,” or “intention.” After a review of common-law and philosophical approaches to imputing criminal intent to the corporate defendant, this paper proposes a behavioral approach to attributing mens rea to corporations and concludes with a review of the (UK) Corporate Manslaughter and Homicide Act 2007 which, it is submitted, adopts just such an approach.

Bookmark and Share

| Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference Simpson on Corporate Criminal Intent: