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2018 | Book

Negotiated Justice and Corporate Crime: An Introduction and Overview Read chapter Read first chapter

Negotiated Justice and Corporate Crime

The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements

Authors: Colin King, Dr. Nicholas Lord

Publisher: Springer International Publishing

Book Series : Crime Prevention and Security Management

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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About this book

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

Table of Contents

Frontmatter
Chapter 1. Negotiated Justice and Corporate Crime: An Introduction and Overview
Abstract
This chapter provides an overview of the book and the contention that ‘accommodation’ of corporate crime—rather than criminal prosecution—is increasingly the ‘new normal’.
Colin King, Nicholas Lord
Chapter 2. Negotiated Justice and Enforcement Legitimacy
Abstract
This chapter situates our discussion within the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’. This chapter sets out the framework for understanding the legitimacy of enforcement responses to corporate crime, laying the groundwork for discussion of Civil Recovery Orders (CROs) and Deferred Prosecution Agreements (DPAs) in subsequent chapters. This chapter provides an overview of all cases that have used CROs and DPAs to date.
Colin King, Nicholas Lord
Chapter 3. Civil Recovery Orders: Law, Policy and Practice
Abstract
This chapter explores the development of civil recovery as an enforcement tool in the context of corporate crime. It explores the preference for ‘civil settlement’, with the consequence that corporate wrongdoers can avoid criminal prosecution. A number of concerns are explored in this regard. This chapter also examines the divergent approaches of the Serious Fraud Office and the Scottish Civil Recovery Unit, namely that as the rest of the UK moves away from CROs, such powers remain an important cog in the Scottish enforcement response to corporate crime.
Colin King, Nicholas Lord
Chapter 4. Deferred Prosecution Agreements: Law and Policy
Abstract
This chapter examines the law and policy relating to the implementation of Deferred Prosecution Agreements. This chapter examines the legal framework and considers the advantages and disadvantages of DPAs.
Colin King, Nicholas Lord
Chapter 5. Deferred Prosecution Agreements: In Practice
Abstract
This chapter explores the use of Deferred Prosecution Agreements in practice, analysing the four DPAs that have been negotiated to date.
Colin King, Nicholas Lord
Chapter 6. Calling to Answer?
Abstract
This final chapter reinforces our contention that corporate crime is crime and ought to be dealt with as such. The reality, however, is that this is not the case; indeed, corporate prosecutions (particularly involving larger corporates) are relatively rare. Part of the problem here is the inadequacy of corporate criminal liability laws in the UK. This chapter argues that a criminal law-focused approach serves an important communicative function—calling wrongdoers to account as well as expressing societal condemnation of the activity in question.
Colin King, Nicholas Lord
Backmatter
Metadata
Title
Negotiated Justice and Corporate Crime
Authors
Colin King
Dr. Nicholas Lord
Copyright Year
2018
Electronic ISBN
978-3-319-78562-2
Print ISBN
978-3-319-78561-5
DOI
https://doi.org/10.1007/978-3-319-78562-2