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BRIDGING THE DETERRENCE GAP: IMPOSING CRIMINAL PENALTIES ON CORPORATIONS AND THEIR EXECUTIVES FOR PRODUCING HAZARDOUS PRODUCTS

NCJ Number
145947
Journal
San Diego Justice Journal Volume: 1 Issue: 1 Dated: (Winter 1993) Pages: 1- 56
Author(s)
J P Bonner; B N Forman
Date Published
1993
Length
56 pages
Annotation
This paper addresses the potential deterrence benefits from increased use of criminal sanctions to prevent the production of dangerous products.
Abstract
Although legislators have enacted criminal sanctions to control corporate conduct in recent years, product liability law has remained a civil matter. This paper questions the prudence of depending on civil sanctions as the sole means of encouraging manufacturers to produce safe products. The author recommends that criminal sanctions be revamped and used more often against corporations and their executive to deter the production of hazardous products. This should include a significant increase in the dollar value of fines against culpable executives. White-collar criminals can also be deterred if prison sentences are used regularly in hazardous product cases. Legislators must exercise caution, however, in devising criminal sanctions for the willful production of hazardous products. Unduly harsh criminal penalties that are imposed without regard for the realities of business decisionmaking are likely to stifle innovation and create inefficient systems of corporate oversight of product development. Such caution, however, should not cause legislators to hesitate in relying on criminal penalties to deter the creation and marketing of dangerous products. 203 footnotes

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