[3] They proposed that where an individual had committed the actus reus of manslaughter, a court should have the power to order the employing corporation to institute measures to prevent further recurrence and should face criminal prosecution should they fail to do so.
The principle has sometimes been used in England and Wales for strict liability offences concerning regulatory matters but the exact law is unclear.
Where a corporation's activities cause a person's death and the failure was because of a breach that falls far below what can reasonably be expected of the organisation in the circumstances, the offence is made out.
[5] Clarkson identifies four valuable characteristics of criminal prosecution:[2] However, the existence of such a crime has been criticised, especially from the point of view of law and economics which argues that civil damages are a more appropriate means of compensation, recognition of the loss suffered and deterrence.
[10] In 2012, proposals were put forward in the New Zealand Parliament for a corporate manslaughter statute, in the wake of the CTV building collapse during the 2011 Canterbury earthquake,[11] and the Pike River Mine disaster.
[12] As of March 2015 Labour Party leader Andrew Little had a private member's bill in the ballot that would, if passed, add a charge of corporate manslaughter to the Crimes Act 1961.
[14][15][16][17] A 2019 study argued that industries that kill more people each year than they employ should have an industry-wide corporate death penalty.