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Corporate Criminal Prosecution and Double Jeopardy

Robert E. Wagner

Berkeley Business Law Journal2019article
ABDC B
Weight
0.26

Abstract

assumed that corporations should have this protection.This Article argues that this assumption is wrong.This Article begins by examining how corporations came to be prosecuted criminally and how a lot of criminal procedure protections have been applied to corporations.It then looks to the history of the Double Jeopardy Clause and shows how this history does not support applying it to corporations, and in fact argues against it.Analysis of the principles of the Double Jeopardy Clause reveals that they do not warrant protecting corporations.Thus, this Article proposes that courts not allow corporations to invoke double jeopardy and that under special circumstances we even modify doctrines such as res judicata to allow for subsequent corporate prosecutions.

Cite this paper

@article{robert2019,
  title        = {{Corporate Criminal Prosecution and Double Jeopardy}},
  author       = {Robert E. Wagner},
  journal      = {Berkeley Business Law Journal},
  year         = {2019},
}

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Corporate Criminal Prosecution and Double Jeopardy

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Evidence weight

0.26

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.00 × 0.4 = 0.00
M · momentum0.20 × 0.15 = 0.03
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.