FIU Law Professor Charles R.P. Pouncy believes the question of corporate criminal liability is a question of corporate power. Pouncy tackles this issue in his latest article, Reevaluating Corporate Criminal Responsibility: It’s All About Corporate Power (Stetson Law Review, 2012), which was recently featured on the Corporate Crime Reporter.
Professor Pouncy teaches in the areas of business associations, corporate finance, commercial law, banking law and professional responsibility. He has written in a wide range of areas, including corporate law, stock markets in developing countries, law and economics, and critical race and gender theory.
Corporate Crime and Corporate Power
The question of corporate criminal liability is a question of corporate power.
That’s according to Charles R.P. Pouncy, a professor of law at Florida International School of Law in Miami.
Pouncy is author of, most recently, Reevaluating Corporate Criminal Responsibility: It’s All About Corporate Power (Stetson Law Review, 2012).
Pouncy tackles head on the increasingly popular idea that we should eliminate corporate criminal liability.
“The notion that corporations, and derivatively, capital, should be exempt from punishment under the criminal law — which expresses societal standards and expectations — is inconsistent with the expectations of most members of the communities that corporations inhabit,” he writes.
“This challenge against using the criminal law to control corporate behavior is a component of a larger struggle . . .to determine which forces will control the shape of future society,” he writes. “It is a struggle about which institutions will structure the nature of the world we live in.”
“Will human societies be controlled by the institutions that have structured their existence for the last few thousand years — kinship, community, religion/philosophy, and social provisioning?” Pouncy asks.