Juristic persons recall some of the properties of

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Juristic Persons Recall some of the properties of corporate personhood Treatment as a single entity with rights Exists independent of the people who operate it Despite this, they are much less than human They are not able to learn, intend, decide, feel guilty, be killed, etc.
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Cressey on Corporate Crime Donald Cressey argues that it is impossible to explain why a corporation commits crime Theories of individual behavior do not apply Attributing human qualities to corporations is self-defeating since they do not really exist Corporations do not have intentions Intent is a necessary element of crime
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Corporate Action Further, corporations themselves cannot act The individuals that comprise them act, think, feel, intend, commit crime on their behalf Cressey argues that corporations are basically just the collective actions of individuals Eliminating corporate personhood would not facilitate the creation of corporate theories of crime We would still need some focus on how groups act and interact with one another
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Individual Action as Corporate Action Cressey concludes that, theoretically, corporations do not commit crime, people do The legal fiction not withstanding To explain how corporations act or intend we must understand group decision making After that, theories about how they act and what motivates their actions can be developed
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Importance of Decision Making How a corporation makes a decision has consequences for both application of law and developing theories of behavior Primary issues concerning decisions making: How decisions are reached Which factors influence the process Who carries them out the decisions
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Implications of Decision Making Legal implications of focusing on group-decision making How do we attribute liability to a corporation as opposed to the actors themselves? In which cases do we make such an attribution? Is it fair to punish the entire entity for the actions of a small portion?
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Implications of Decision Making Theoretical implications of focusing on group-decision making: How is a corp. capable of committing a crime? How do extend our theory to the behavior of a juristic person? Is it possible to divorce corporate action from the actions of employees?
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Models of Corporate Decision Making
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Corporations as Decision Makers Generally, there are three models of how corporations make decisions Economic man model Organizational process model Bureaucratic politics model The latter two are group-based decision models
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Economic Man “Economic man” is a holistic view of the corporation as a single rational actor that only seeks to maximize profit Derived from economic theory of cost/benefit Classic view anthropomorphizing corporations Fails to capture the complex nature of the corporate decision making
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Organizational Process Model Decisions are delegated to smaller organizational sub-units
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