A criminal offense holding a company or other organization, rather than only an individual employee or director, liable for a death caused by a gross failure in how the organization managed or organized its activities, most closely associated with the United Kingdom's Corporate Manslaughter and Corporate Homicide Act 2007, which created the offense after earlier attempts to convict a company of manslaughter under ordinary common law principles repeatedly failed because prosecutors could not identify a single senior individual whose personal guilt could be attributed to the whole organization. A successful prosecution requires proving that the way the organization's activities were managed by its senior management was a substantial element in the gross breach that caused the death, and conviction carries an unlimited fine along with the possibility of a court ordered publicity order, though the Act notably does not permit a prison sentence since a corporation itself cannot be imprisoned. Several other countries, including Australia and Canada, have enacted comparable organizational liability offenses for a workplace or public death caused by corporate negligence.
Facts
Classification CodeIn the United Kingdom, corporate manslaughter is a specific statutory offense created by the Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 6 April 2008. 1 Typical PenaltyIn the Lyme Bay case, the convicted company, OLL Ltd, was fined sixty thousand pounds, while Peter Kite, one of its directors, was sentenced to three years' imprisonment for the same deaths, illustrating how a corporate fine and an individual prison sentence can both follow from the same fatal failure. 1 Elements of OffenseUnder the UK's management failure model, the offense is made out when a corporation's activities cause a person's death and the failure was because of a breach that falls far below what could reasonably be expected of the organization in the circumstances. 1 Notable ExampleIn 1994, the diving tour operator OLL Ltd was convicted of corporate manslaughter in England over the Lyme Bay canoeing tragedy, one of the earliest instances of the offense being successfully prosecuted. 1 Jurisdiction VariationCorporate manslaughter is a recognized crime in several jurisdictions including England and Wales and Hong Kong, while in the United States there is currently no corporate manslaughter law, and several Australian states and territories instead use a separate offense called industrial manslaughter. 1 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Associated With
Critical criminology's central claim -- that crimes of the powerful are systematically under-punished relative to their harm -- is illustrated here by workplace deaths from employer negligence, the exact harm corporate manslaughter law targets.
Source Wikipedia: Critical Criminology
Sources
1. Corporate Manslaughter (Wikipedia)
WikipediaLead section, Corporate manslaughter
Corporate manslaughter is a crime in several jurisdictions, including England and Wales and Hong Kong.
Lead section
The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6 April 2008.
Management failure model subsection
Where a corporation's activities cause a person's death and the failure was because of a breach that falls far below what can reasonably be expected of the organisation in the circumstances, the offence is made out.
Lead section and United States subsection
In the U.S., there is currently no corporate manslaughter law.
Support and criticism section, Lyme Bay case
In England in 1994, OLL Ltd. were convicted of corporate manslaughter over the Lyme Bay kayaking tragedy
Support and criticism section, Lyme Bay sentencing
fined £60,000, while Peter Kite, one of the company's directors, was sentenced to three years' imprisonment
View the Source Wikipedia: Critical Criminology
Associated With: Critical Criminology, Socially contingent definitions of crime sectionQuote, Associated With: Critical Criminology, Socially contingent definitions of crime section
one is seven times more likely (or was in 1983) to be killed as a result of negligence by one's employer, than one was to be murdered
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