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Deferred Corporate Prosecution As Corrupt Regime: The Case For Prison
Deferred Corporate Prosecution As Corrupt Regime: The Case For Prison
Lawrence E. Mitchell
Abstract: This paper looks at the growing phenomenon of deferred corporate criminal prosecutions from a new perspective. The literature accepts the practice and is largely concerned with the degree to which efficient and effective criminal deterrence is achieved through pretrial diversion. I examine the practice and conclude that it presents, from a structural perspective, a case of a corrupt law enforcement regime centered in the United States Department of Justice. The regime works in effective –if unintentional-- conspiracy with corporate officials to produce an inefficient enforcement regime that disregards democratic processes and threatens a loss of respect for the rule …
Bribery In Commerce - New Zealand, Frank X. Quin Mr
Bribery In Commerce - New Zealand, Frank X. Quin Mr
Frank X Quin
New Zealand's criminal law on bribery dates back nearly 100 years with virtually no attention to revision or reform over that period, reflecting (perhaps) the country's relatively corruption-free status. Yet there remains ambiguity on just what comes within the ambit of the criminal offences and, especially, what is meant by "corruptly".