Overview
- Compares enforcement responses to corporate crime
- Draws on case studies like Rolls Royce and Tesco
- Focusses on UK law and practice but is informed by insights from other jurisdictions
- Speaks to policy-makers, practitioners and researchers
Part of the book series: Crime Prevention and Security Management (CPSM)
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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.
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Keywords
- white collar crime
- criminal law
- legal philosophy
- criminal responsibility
- state response
- criminal prosecution
- corporate crime
- financial crime
- corruption
- financial regulations
- governance
- law enforcement
- accountability
- criminal justice policy
- money laundering
- socio-legal
- terrorism financing
- crime control
- prosecution
- crime prevention
Table of contents (6 chapters)
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Front Matter
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Back Matter
Reviews
“This is a fine legal and criminological analysis of the creation of alternatives to prosecution for corporate offenders. It carefully critiques the failure of civil asset recovery and Deferred Prosecution Agreements for corporates to meet the social legitimacy and fairness requirements of the criminal sanction. Whether or not we support these alternative measures, this thought-provoking text deserves serious attention.” (Professor Mike Levi, Cardiff University, UK)
“Here Colin King and Nick Lord present a timely and critical exposition of the increasing tendency in the UK to address corporate crime through non-adversarial means. The fundamental importance of this book derives from their synthesis, for the first time, of a number of legal and policy developments in this area, and their identification of key tensions, inconsistencies, and issues of legitimacy.” (Professor Liz Campbell, Durham University, UK)
Authors and Affiliations
About the authors
Colin King is Reader in Law at the University of Sussex, UK, and co-Founder of the Crime Research Centre.
Nicholas Lord is Reader in Criminology at the University of Manchester, UK.
Bibliographic Information
Book Title: Negotiated Justice and Corporate Crime
Book Subtitle: The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements
Authors: Colin King, Nicholas Lord
Series Title: Crime Prevention and Security Management
DOI: https://doi.org/10.1007/978-3-319-78562-2
Publisher: Palgrave Pivot Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2018
Hardcover ISBN: 978-3-319-78561-5Published: 04 June 2018
eBook ISBN: 978-3-319-78562-2Published: 21 May 2018
Series ISSN: 2946-3513
Series E-ISSN: 2946-3521
Edition Number: 1
Number of Pages: XIII, 159
Topics: Corporate Crime, Financial Crime, Crime Prevention, Criminal Law and Criminal Procedure Law, Philosophy of Law