Should corporate criminal liability be reformed?
Should the federal government prosecute corporate criminals? Most would say this is a no-brainer; of course, corporate criminals should be prosecuted.
However, Miriam Baer, a law professor at Brooklyn Law School, is among the few that advocate doing away with corporate criminal liability. That’s not to say she and the others who agree with her think there should be no repercussions; they simply prefer to replace it with an insurance system.
Baer proposes that corporations be allowed to opt-out of the criminal justice system by purchasing compliance insurance. Insurance companies would examine a corporation’s compliance programs and estimate the risk of an employee committing a crime. Then they would charge the corporation a premium for insuring the potential risk.
The result would be a replacement of criminal liability with civil penalties. Check out Brooklyn Law School Professor Miriam Baer: Let’s Just Get Rid of Corporate Criminal Liability for the entire article.
Published by Conselium Executive Search, the global leader in compliance search.
