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'Examine the arguments for and against an offence of Corporate Manslaughter' A major obstacle to the criminalization of corporate misconduct has been the absence of a consensus as to whether a statutory criminal offence of corporate misconduct is preferable to more traditional civil approaches. Directors of companies fiercely resist, while those representing victims advocate tougher sanctions. The public perception of culpability for major disasters involving large companies, is that the company, rather than an individual is the correct body to be blamed (Smith,2002). As the law in England and Wales currently stands, the only organizations which can be prosecuted for manslaughter are Companies. Regardless of how negligent or recklessly they act, unincorporated organizations, Schools and Police Forces cannot be prosecuted (Smith, 2002(a)). In addition, the only way to obtain a conviction against a Company, is under the 'doctrine of identification' (Law Commission, 1996), i.e. to successfully prove that an individual was...

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