A corporation is a fictitious legal person that is granted legal existence by the state when certain requirements are met. A corporation cannot act on its own behalf. Instead, it must act through agents. such as a board of directors. officers, and employees. Originally, under the common law, it was generally held that corporations lacked the criminal mind (mens rea) to be held criminally liable. Modem courts, however, impose corporate criminal liability. These courts have held that corporations are criminally liable for the acts of their directors, officers, and employees. Because corporations cannot be put in prison, they are usually sanctioned with fines, loss of a license or franchise, and the like. Corporate directors, officers, and employees are individually liable for crimes that they commit on behalf of or to further the interests of the corporation. In addition, under certain circumstances, a corporate manager can be held criminally liable for the criminal activities of his or her subordinates. To be held criminally liable, the manager must have failed to supervise the subordinates appropriately. This is an evolving area of the law. Why is criminal liability imposed on a corporation? Do you think that the penalties (e.g., jail time) that are imposed on corporate executives for white-collar crimes are sufficient?

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Case summary The case deals with the criminal liability of the corporate office The state granted th... View the full answer