Explain why so few criminal prosecutions for corporate manslaughter succeed, what proposals for reform have been made and what criticisms these reforms have themselves been subjected to.
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Explain why so few criminal prosecutions for corporate manslaughter succeed, what proposals for reform have been made and what criticisms these reforms have themselves been subjected to. Criminal offences are not only committed by individuals but are also committed by companies. This raises the obvious problem of how do you define the state of mind of the company. Over the last 40 years 22,000 people have been killed at work or business related disasters but they have only been three successful prosecutions for corporate manslaughter. In Kite v OLL Ltd the criminal case against the company collapsed because the prosecution had been unable to satisfy the doctrine of identification. The identification doctrine prevents large corporations from being held responsible for manslaughter. Number of interesting issues arises from this. First, what is doctrine of identification? Second, why should this doctrine act as a barrier to conviction and thirdly is an issue relation...

