Citation

Frank N. J. Crim. Justice 1988; 16(1): 17-24.

Copyright

(Copyright © 1988, Elsevier Publishing)

DOI

10.1016/0047-2352(88)90032-3

PMID

unavailable

Abstract

The Film Recovery Systems and Ford Pinto cases are examples of the use of conventional homicide laws to prosecute harms arising out of business activities. When workers, consumers, or members of the public die due to the reckless conduct of corporations or corporate executives, one legal option available in many states is to charge the reckless parties with unintended murder. This article reviews the variety of definitions of unintended murder and applies these to examples involving corporate defendants. This analysis highlights a special issue in relation to corporate defendants–the role of risk assessment efforts in establishing culpability. Definitions of unintended murder, in relation to corporate defendants, must attend to both the mens rea of corporate decision-makers and the justifiability of risks that result in death.