Tuesday, August 4, 2020
Mihailis Diamantis (University of Iowa - College of Law) has posted Criminally Insane Corporations on SSRN. Here is the abstract:
In the common telling of the corporate criminal justice parable, the law punishes criminal corporations in order to induce them to fix whatever caused them to do wrong. But there are some criminal corporations whose deep or unpredictable disfunction presents a special challenge. These corporations are much less likely to respond constructively to criminal sanctions. Criminal law needs a different approach for them, one that emphasizes compulsory expert treatment rather than standard forms of punishment. Fortunately, criminal law already has a doctrine that is up to the task—the insanity defense.