Law Commons^™

Re-Evaluating Corporate Criminal Liability: The Doj’S Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian E. Dervan

Law Faculty Scholarship

This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …