Editing Corporate criminal liability
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===New York Central=== | ===New York Central=== | ||
The '''Interstate Commerce Act of 1887''' set '''price control'''s for railroad companies. A railroad company (New York Central & Hudson River Railroad Co.) was criminally convicted and fined for $108,000 for lowering its shipping prices for one of its commercial clients through a rebate scheme which violated the price control. The landmark Supreme Court case ''New York Central & Hudson River Railroad Co. v. United States'' (1909) set the precedent for holding a corporation criminally liable.<ref>https://www.law.cornell.edu/supremecourt/text/212/481</ref> The railroad company argued that convicting the corporation would harm the shareholders who couldn't defend themselves. The Court ruled that the ''respondeat superior'' doctrine from | The '''Interstate Commerce Act of 1887''' set '''price control'''s for railroad companies. A railroad company (New York Central & Hudson River Railroad Co.) was criminally convicted and fined for $108,000 for lowering its shipping prices for one of its commercial clients through a rebate scheme which violated the price control. The landmark Supreme Court case ''New York Central & Hudson River Railroad Co. v. United States'' (1909) set the precedent for holding a corporation criminally liable.<ref>https://www.law.cornell.edu/supremecourt/text/212/481</ref> The railroad company argued that convicting the corporation would harm the shareholders who couldn't defend themselves. The Court ruled that the ''respondeat superior'' doctrine from tort law should apply to criminal law. | ||
Critics of the current paradigm of the American legal system holding corporations criminally liable say it is "ipse dixit" meaning because the US courts have said so. | Critics of the current paradigm of the American legal system holding corporations criminally liable say it is "ipse dixit" meaning because the US courts have said so. |