No-Fault Criminal Liability for Executives

The Model Penal Code gives four different states of mind—intentional, knowing, reckless, or negligent—each of which reflects a different degree of moral culpability.

Hearings before the Committee of the Judiciary, U.S. Senate, 96th Congress, 1st session, on reform of the federal criminal laws, p. 10083.

See Hearings before the Subcommittee on Criminal Laws and Procedures of the Committee on the Judiciary, U.S. Senate, 94th Congress, 1st session, on reform of the federal criminal laws; hearings before the Subcommittee on Criminal Justice of the Committee on the Judiciary, U.S. House of Representatives, 95th Congress, 1st and 2nd sessions, on legislation to revise and recodify federal criminal laws; “Individual Liability of Agents for Corporate Crimes Under the Proposed Federal Criminal Code,” Vanderbilt Law Review (May 1978), pp. 965–1014. For an excellent review of the current debate over the appropriate role of the criminal law to regulate business, see “Developments in the Law—Corporate Crime: Regulating Corporate Crime: Regulating Corporate Behavior Through Criminal Sanctions,” Harvard Law Review (April 1979), pp. 1227–1375.

Committee on the Judiciary, 96th Congress, op. cit., p. 10134.

42 U.S. 658 (1975).

525 F. 2d 508 (1976).

535 F. 2d 512 (1976).

“Report on Proposed Federal Criminal Code,” The Busıness Lawyer (1979), p. 744.

Schultze Charles L. , The Publıc Use of Private Interest (Washington, D.C.: The Brookings Institution, 1977), pp. 76–77.