Caring About Corporate "Due Care": Why Criminal Respondeat Superior Liability Outreaches Its Justification
American Criminal Law Review (IF3.455), Pub Date : 2020-03-01, DOI:
Robert Luskin
Respondeat superior liability permits the criminal prosecution of a corporation for the crimes of its employees absent proof of corporate ratification or involvement of corporate officers. As the doctrine currently stands, a corporation may be held criminally responsible for conduct that it specifically prohibited and that its employee went to great lengths to conceal. Evidence that a corporation took all reasonable steps to prevent the misconduct through a robust compliance program, for example, is simply irrelevant to the question of liability.
American Criminal Law Review (IF3.455), Pub Date : 2020-03-01, DOI:
Robert Luskin
Respondeat superior liability permits the criminal prosecution of a corporation for the crimes of its employees absent proof of corporate ratification or involvement of corporate officers. As the doctrine currently stands, a corporation may be held criminally responsible for conduct that it specifically prohibited and that its employee went to great lengths to conceal. Evidence that a corporation took all reasonable steps to prevent the misconduct through a robust compliance program, for example, is simply irrelevant to the question of liability.
