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Open Access Publications from the University of California

Sanctioning Corporations

  • Author(s): Dan-Cohen, Meir
  • et al.

The question of corporate criminal liability should be split into (at least) two questions: (1) Should corporations be subject to criminal sanctions? (2) Should these sanctions be subject to the same substantive, procedural, and evidentiary constraints as those that apply in the case of individual defendants? I argue for a positive answer to the first question, and a negative answer to the second.

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