Negotiated Justice and Corporate Crime - The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference - for both prosecutors and corporates - appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of 'negotiated justice' and 'legitimacy', the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

List of contents

Chapter 1. Negotiated Justice and Corporate Crime: An Introduction and Overview.- Chapter 2. Negotiated Justice and Enforcement Legitimacy.- Chapter 3. Civil Recovery Orders: Law, Policy and Practice.- Chapter 4. Deferred Prosecution Agreements: Law and Policy.- Chapter 5. Deferred Prosecution Agreements: In Practice.-  Chapter 6. Calling to Answer?

About the author

Colin King is Reader in Law at the University of Sussex, UK, and co-Founder of the Crime Research Centre. 

Nicholas Lord is Reader in Criminology at the University of Manchester, UK. 

Summary

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

Product details

• Authors: Colin King, Nicholas Lord
• Publisher: Springer, Berlin
• Languages: English
• Product format: Hardback
• Released: 04.06.2018
• EAN: 9783319785615
• ISBN: 978-3-31-978561-5
• No. of pages: 159
• Dimensions: 149 mm x 218 mm x 16 mm
• Weight: 325 g
• Illustrations: XIII, 159 p.
• Series: Crime Prevention and Security Management
• Subjects: Social sciences, law, business > Law > Criminal law, criminal procedural law, criminology; C, Verbrechen und Kriminologie (Kriminalistik), Political Science, Strafrecht, allgemein, Rechtsmethodik, Rechtstheorie und Rechtsphilosophie, Criminal Law, white collar crime, Law and Criminology, Corporate crime, prosecution, Crime & criminology, Methods, theory & philosophy of law, Philosophy of Law, Crime Control and Security, Causes & Prevention Of Crime, Crime Prevention, Criminal Law and Criminal Procedure Law, Commercial crimes, Criminal law: procedure & offences, Financial Crime, CRIME CONTROL, Socio-legal, terrorism financing