‘A soul to be damned and a body to be kicked’. Past, present and future of white-collar crime and corporate criminal liability in England and the United States

in Giurisprudenza Penale Web, 2020, 10 – ISSN 2499-846X

This article examines the evolution of white-collar crime and corporate criminal liability in England and the United States. The first section analyzes the birth of white-collar crime and its evolution from the 17th century to the 20th century, with a particular focus on the identification principle.

The second section analyzes the evolution of white-collar crime and corporate criminal liability in the United States during the 20th century. The American respondeat superior doctrine is compared with the identification principle, that regulates corporate criminal liability in England.

The third section explores the scholars’ approach to corporate criminal liability, the reasons behind their widespread criticism, and the suggestions for reform in this area of law.

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M. Ciccozzi, ‘A soul to be damned and a body to be kicked’. Past, present and future of white-collar crime and corporate criminal liability in England and the United States, in Giurisprudenza Penale Web, 2020, 10