Tuesday, March 29, 2011

Can a Corporation Commit Murder?

I believe that there is little chance for a corporation to commit murder because of the definition set out describing murder. Murder can be classified into two categories, either First Degree Murder or Second Degree Murder. First Degree Murder occurs if the murder was planned and deliberate, if the scheme or design was well thought out and planned. It also occurs if the victim is a law enforcement agent, or if death occurs while certain crimes or offenses to society are being committed. Such as hijacking, aggravated sexual assault, kidnapping, forcible confinement, and hostage taking. Second Degree Murder is intentionally causing death in all of the circumstances mentioned above.
                It may often be said that a corporation committed murder, if their actions are not that of a reasonable person and if they don’t take the reasonable safety pre-cautions required to ensure maximum safety. There are laws set out stating safety measures which are to be met in order to ensure the safety of employees and product consumers. If a corporation deliberately disobeys those laws and rules, the angered public may say they should be held accountable for their actions and should be charged with murder. There is no “forgetting” a safety regulation or law in a corporation, it is simply neglecting responsibilities.
                Although it is highly unlikely for a corporation to commit murder in the two stated ways above, their negligence is what caused the death. If a corporation sells a product that could potentially be dangerous they are neglecting their responsibility to guarantee safety of their product. That is where I feel the corporation should be charged, yet I feel that the term “murder” is not the correct one to use due to the definition. I am not sure which term I would feel fits more appropriately. But I am sure in my feeling that the responsible corporation should be held reliable and should face consequences for their actions and decisions. If a default product causes the death of an individual the corporation may potentially be found as the causation, meaning that they are the cause of death or injury. In a case against a corporation Product Liability could be brought forward. Product Liability- manufactures, wholesalers, retailers, repairs, or anyone else involved in the distribution of consumer goods may be found liable for negligence if a consumer is injured by a default product.
                A corporation is a structured organization with people at the top and others at the bottom. Regardless of the corporation I feel that the individual at the top should be checking in on the rest of their corporation to guarantee all safety regulations are being met, and they should personally be taking the time to follow through with safety checks. Their presence should be persistent throughout important regulation checks otherwise they could potentially be neglecting their responsibilities that come along with their position. If a corporation is found guilty of negligence and their product was the causation of death, it would be hard to decide which individual should be held reliable. When the public is angry they tend just to blame the corporation as a whole, but I feel that there are specific factors/ levels within the corporation who are at fault and should be blamed.

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