Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Challenging the Standard to Criminally Charge Corporations

A recent argument in front of the 2nd Circuit Court addressed the century-old standard for bringing criminal charges against corporations, arguing that it is too prosecution-friendly. The argument, ironically brought by the former head of the government’s Enron Task Force, pointed out that the current standards make it easier to gain a criminal conviction of a corporation than a criminal one, a standard that is at odds with historical theories of jurisprudence. While the Court appeared to support his argument from an academic standpoint, his ultimate fight may come at the U.S. Supreme Court, as the current standard stems from a 1909 Supreme Court decision.



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