Corporate Manslaughter and Regulatory Reform PDF Download

Author: P. Almond
Publisher: Springer
ISBN: 1137296275
Category : Social Science
Languages : en
Pages : 324

View

Book Description
This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.

Author: P. Almond
Publisher: Springer
ISBN: 1137296275
Category : Social Science
Languages : en
Pages : 243

View

Book Description
This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.

Author: Celia Wells
Publisher: Oxford University Press, USA
ISBN: 9780199246199
Category : Law
Languages : en
Pages : 228

View

Book Description
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.

Author: Fiona Haines
Publisher: Edward Elgar Publishing
ISBN: 0857933159
Category : Law
Languages : en
Pages : 289

View

Book Description
The Paradox of Regulation is a tour de force of regulatory scholarship that successfully contextualizes the regulatory project as an effort to reduce multiple forms of risk. Three case studies of regulatory reforms, fascinating in their own right, when read together forcefully demonstrate why context matters to the actuarial assessments, political realities, and possibilities for insuring safety, security and integrity. Haines, penetrating analysis presents no simple answers to what works and why. The Paradox of Regulation nimbly demonstrates that the strengths and limits of a particular regulatory reform must be understood as a complicated response to a dynamic constellation of actuarial, political, and socio-cultural risks.,- Nancy Reichman, University of Denver, US , This new book by Fiona Haines is an elegant but sophisticated analysis of the three risks (technical, social and political) that regulation must address if it is to be effective. This analysis is original and fresh bringing together critiques of risk based regulation with empirical literature on compliance and effectiveness evaluation. This is exactly the sort of book we need more of to develop and deepen empirical and theoretical research in regulatory scholarship: - it helpfully melds together different literatures and theoretical approaches with her own empirical work on regulatory reforms to build a multi-layered theoretical analysis that really pushes forward our understanding of regulation, why it happens and how it fails and succeeds., - Christine Parker, Monash University, Australia ,This is an insightful and nuanced analysis of the strengths and limitations of regulation. Through a close grained analysis of three recent disasters, Haines demonstrates that regulation is not just a technical but also a political and a social project and how a failure to recognise its multiple dimensions can lead to regulatory failure. This book is a major contribution that enriches our understanding of the challenges of risk management and of how best to address them.'- Neil Gunningham, Australian National University, Canberra , Fiona Haines shows us that regulatory policy is complex and paradoxical in ways that should require us to attend to the substance and the politics of specific regulatory regimes. This book is a major contribution to the reconceptualisation of risk and regulation. It is a perceptive treatment of the role of crisis by one of the best scholars of regulation we have., - John Braithwaite, Australian National University, Canberra

Author: Great Britain: Ministry of Justice
Publisher:
ISBN: 9780101890229
Category :
Languages : en
Pages : 34

View

Book Description
Dated January 2017. A TSO version of a title previously published by HM Government made available under the Open Government Licence v3.0(http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)

Author: Melissa L. Rorie
Publisher: John Wiley & Sons
ISBN: 1118774795
Category : Social Science
Languages : en
Pages : 546

View

Book Description
A comprehensive and state-of the-art overview from internationally-recognized experts on white-collar crime covering a broad range of topics from many perspectives Law enforcement professionals and criminal justice scholars have debated the most appropriate definition of “white-collar crime” ever since Edwin Sutherland first coined the phrase in his speech to the American Sociological Society in 1939. The conceptual ambiguity surrounding the term has challenged efforts to construct a body of science that meaningfully informs policy and theory. The Handbook of White-Collar Crime is a unique re-framing of traditional discussions that discusses common topics of white-collar crime—who the offenders are, who the victims are, how these crimes are punished, theoretical explanations—while exploring how the choice of one definition over another affects research and scholarship on the subject. Providing a one-volume overview of research on white-collar crime, this book presents diverse perspectives from an international team of both established and newer scholars that review theory, policy, and empirical work on a broad range of topics. Chapters explore the extent and cost of white-collar crimes, individual- as well as organizational- and macro-level theories of crime, law enforcement roles in prevention and intervention, crimes in Africa and South America, the influence of technology and globalization, and more. This important resource: Explores diverse implications for future theory, policy, and research on current and emerging issues in the field Clarifies distinct characteristics of specific types of offences within the general archetype of white-collar crime Includes chapters written by researchers from countries commonly underrepresented in the field Examines the real-world impact of ambiguous definitions of white-collar crime on prevention, investigation, and punishment Offers critical examination of how definitional decisions steer the direction of criminological scholarship Accessible to readers at the undergraduate level, yet equally relevant for experienced practitioners, academics, and researchers, The Handbook of White-Collar Crime is an innovative, substantial contribution to contemporary scholarship in the field.

Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
ISBN: 0215026683
Category : Business & Economics
Languages : en
Pages : 124

View

Book Description
This joint report by the Home Affairs Committee and the Work and Pensions Committee examines the Government's proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation. The report supports the introduction of the draft Bill to address the need for a statutory offence to shift the basis of liability for corporate manslaughter away from the requirement of identifying a 'directing mind' of a guilty company, since this 'identification principle' has made prosecutions of large companies almost impossible under the current common law. Issues discussed include: the application of the offence of corporate manslaughter in relation to corporations, government departments and police forces; issue of causation; the law of negligence, relevant duty of care and contractual relationships; management failure, the role of senior managers and gross breach; the removal of Crown immunity; territorial application of the offence; corporate sanctions; individual liability for directors; powers of investigation and prosecution, including the requirement to obtain the consent of the Director of Public Prosecutions before a private prosecution can be brought; and cost issues.

Author: Steve Tombs
Publisher: Routledge
ISBN: 1134023103
Category : Social Science
Languages : en
Pages : 272

View

Book Description
Every year in the UK, hundreds of workers are killed just doing their jobs, thousands more die of illnesses caused by their work and tens of thousands suffer major injuries such as amputations, loss of sight, serious burns, and so on. Worldwide, two million people are killed by work each year. Yet with the exception of high profile cases such as the gas leak at Bhopal, India, which killed tens of thousands, this crime wave fails to attract the interest of the politicians, the media or - least forgiveably of all - the knowledge industry of criminology. This book is concerned with crimes against worker and public safety, providing an account and analysis of this increasingly important field, and setting this within the broader context of corporate and white-collar crime. It uses case studies and original analyses of official data to illustrate key points and themes, drawing upon both well known and high profile instances of safety crimes as well the mass of ubiquitous 'mundane' or 'routine' deaths and injuries. Thus the book examines how much safety crime is there, how are such offences rendered invisible, and how can their extent be unearthed accurately? Throughout the book the authors analyse the social, legal and political processes that ensure that safety crimes remain subject to under-enforcement and under-criminalisation. This analysis identifies key moments in the historical development of criminal law and regulation, and assesses the prospects for criminalising safety crimes in the context of contemporary neo-liberal regulatory policies. The theoretical and political justifications for dominant approaches to the regulation and sanctioning of safety criminals are subject to critique in order to develop alternative, more effective, means of criminalisation and punishment. The book concludes with an original analysis of safety crimes that allows us to understand the complexities of the conditions of their production, and develop a more realistic appraisal of the prospects for their amelioration.

Author: Celia Wells
Publisher: Cambridge University Press
ISBN: 1139488759
Category : Law
Languages : en
Pages : 1715

View

Book Description
Since the publication of the first edition, this textbook has offered one of the most distinctive and innovative approaches to the study of criminal law. Looking at both traditional and emerging areas, such as public order offences and corporate manslaughter, it offers a broad and thorough perspective on the subject. Material is organised thematically and is clearly signposted at the beginning of each section to allow the student to navigate successfully through the different fields. This fourth edition looks at topical issues such as policing, the Serious Crime Act 2007, and reform of the Fraud Act 2006. Relevant case law and extracts from the most topical and engaging debates on the subject give the subject immediacy. The book is essential for both undergraduate and postgraduate study of criminal law and justice.

Author: John Braithwaite
Publisher: Cambridge University Press
ISBN: 9780521356688
Category : Biography & Autobiography
Languages : en
Pages : 242

View

Book Description
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.