Improving Corporate Criminal Fines: A Reply to W. Robert Thomas. (In response to W. Robert Thomas, The Ability and Responsibility of Corporate Law to Improve Criminal Fines, 78 OHIO ST. L.J. 601 (2017))

Sarch, Alexander (2017) Improving Corporate Criminal Fines: A Reply to W. Robert Thomas. (In response to W. Robert Thomas, The Ability and Responsibility of Corporate Law to Improve Criminal Fines, 78 OHIO ST. L.J. 601 (2017)) Ohio State Law Journal Furthermore, 78. pp. 43-52.

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Abstract

In this insightful and well-argued article, W. Robert Thomas sets out to make progress on a long-standing problem for corporate criminal law: namely, the difficulties presented by using fines as the primary method of punishing corporations.1 Thomas convincingly argues that corporate criminal fines do not do a particularly good job of promoting the goals of criminal punishment—i.e. deterrence, coupled with retributivist ends and the expression of societal condemnation.2 He then defends a proposal for how corporate law can be reformed to enable corporate criminal fines to more effectively serve such goals.3 The result is a concrete and promising policy reform. In this Response, I raise a number of critical questions for Thomas’s arguments. Most importantly, several versions of Thomas’s policy proposal are available, and one wonders why these alternatives would not be at least as desirable as the version Thomas himself endorses. In Parts I and II, I briefly recap the basics of Thomas’s argument. Then in Part III, I subject them to a bit of critical scrutiny. Ultimately, Thomas’s proposal is intriguing, and the aim of this Response is simply to continue the important conversation Thomas has begun.

Item Type:	Article
Divisions :	Faculty of Arts and Social Sciences > School of Law
Authors :	Name Email ORCID Sarch, Alexander a.sarch@surrey.ac.uk
Date :	2017
Copyright Disclaimer :	Copyright 2018 Ohio State University Moritz College of Law
Related URLs :	Publisher
Depositing User :	Melanie Hughes
Date Deposited :	06 Apr 2018 12:00
Last Modified :	16 Jan 2019 19:08
URI:	http://epubs.surrey.ac.uk/id/eprint/846135

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