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Sentencing The Criminal Corproation, Poonam Puri

Osgoode Hall Law Journal

This article contributes to the debate on mandatory minimum sentences by analzing them in the context of the corporation as criminal and by employing a law and economics methodology. While the rational economic actor model maybe unrealistic when applied to individuals committing blue-collar crimes, it is a much more useful tool to describe the behaviour of criminal corporations that respond more directly to economic incentives. The article concludes that the mandatory fine for a corporation found guilty of a criminal offence should, at a minimum, equal the expected loss caused or profit gained from the wrongdoing.