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Corporations can be charged criminally-just like the humans who actually make the decisions on the corporation's behalf. But it's trickier when it comes to prosecuting and sentencing corporate defendants. This week, I read Chapters 6 and 9 from , White-Collar and Financial Crimes: A Casebook of Fraudsters, Scam Artists, and Corporate Thieves (Noble) about the cases of US v. General Motors, and US v. Avon. The underlying crimes that the two companies committed are different, but I am focusing on how the criminal justice system treats corporate defendants. In addition, I read Chapter 20-Punishing Corporations in The Handbook of White-Collar CrimeLinks to an external site.(Rorie).
In Chapter 20 (Rorie), the author discusses different theories of corporate punishment. Explain what sanctions were imposed in the GM and Avon cases and how they align with the theories of corporate punishment, e.g., were they designed to deter or rehabilitate, etc? How effective do you think the sentences imposed in the two cases will be in achieving the goals of sentencing?
How should the government treat executives and employees involved in corporate criminal cases? How are corporations treated in other countries, according to Cohen? What would you have done differently in the Avon and GM cases and why? If you wouldn't impose a different sentence in those cases, explain why believe the corporations were punished appropriately.
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