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Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by _delirium on Wednesday January 19, 2011 @02:35AM (#2119043)
Technically corporations can be convicted of criminal offenses just like regular people can, but the penalties don't make much sense. They end up just getting fines, since it's difficult to send the corporation itself to jail.

There was a 1980s case where a company (Allegheny Bottling Co.) was convicted of an offense with jail time, and the judge imposed a suspended sentence with probation, with a probation condition being that top executives spend their 40 hours a week doing community service. That was overturned on appeal, though, with the appeals court recognizing that the trial court had something of a dilemma (the corporation had been convicted of a crime with a sentence that in practice could not be imposed), but said that that form of "corporate probation" was too much of a stretch, and that it was up to Congress to figure out what to do about it.

People also occasionally propose a three-strikes equivalent for corporations, where three criminal convictions leads to revocation of the corporate charter. The fundamental problem is that criminal penalties are supposed to have both deterrent and incapacitating effects: the threat of jail time is supposed to be a strong enough sanction to deter people who wouldn't be deterred by mere fines, and actual incarceration physically restrains people from committing more offenses during the time they're locked up. How does one both deter corporations from violating laws, and incapacitate those that do?

Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by ck2 on Wednesday January 19, 2011 @04:27AM (#2119262)
So basically the formula is, if you are going to commit a crime, make sure you form a corporation around it first. It literally shields you from prison time.

I wonder just how many people have to obviously die from someone's risky decision, hiding behind a corporation, for someone to serve even one day. The BP disaster sets the bar pretty high for everyone to walk away scot-free, the idea that one day there will be some other kind of event even worse than that is pretty scary.

Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by jamesaguilar on Wednesday January 19, 2011 @04:39AM (#2119281)
Oversimplification. You obviously cannot form a corporation then commit any arbitrary crime and escape judgment. And there have been a number of cases where a corporate executive has committed criminal misconduct that they have been sent to jail for. It's what there is no particular person to whom blame can obviously be assigned where the problem we're discussing comes to pass.
Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by cynoclast on Wednesday January 19, 2011 @09:41AM (#2119825)
>It's what there is no particular person to whom blame can obviously be assigned where the problem we're discussing comes to pass.

Actually, it's rather easy. The CEO collects the biggest paycheck, nail the responsibility to them. Greatest profits should come with the greatest risk.

Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by chopsueyar on Wednesday January 19, 2011 @11:01AM (#2120123)
Parent means you have to have lots of cash.
Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by queensnake on Wednesday January 19, 2011 @03:04AM (#2119094)
Note, that corps. can claim a tax break for fines, as being a 'business expense'. Much more depth on all of this in the documentary 'The Corporation'.
Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by mordero on Wednesday January 19, 2011 @09:54AM (#2119867)
Fines or penalties paid by a company for violation of a law are not deductible for federal taxes.

Section 162(f) -> http://www.law.cornell.edu/uscode/26/usc_sec_26_00000162----...

IRS Publication 535 (2009) (Although not authoritative, it provides examples) -> http://www.irs.gov/publications/p535/ch11.html

Re:AT&T Case Asks High Court to Assign Privacy Rights to Com... by cynoclast on Wednesday January 19, 2011 @09:39AM (#2119818)
>Technically corporations can be convicted of criminal offenses just like regular people can, but the penalties don't make much sense. They end up just getting fines, since it's difficult to send the corporation itself to jail.

Why is that?

Just pretend that the corporation is legally in jail, and apply all restrictions that that includes. No internet, phone, rights to profit, etc.

It would hurt them just as much as a person if it were actually carried out.