Corporate Manslaughter Essay Example | Topics and Well Written Essays - 2250 words

incarnate Manslaughter - Essay ExampleIf the director or senior manager is found guilty then the caller-out is also found guilty. But if the director or senior manager is found to be aboveboard then even the company is found to be innocent. (Bergman, 2003)Involuntary manslaughter is when someone kills without actually intending to cause wipeout or serious hurt but was blameworthy in some way. There are octuple categories of manslaughter. There is also a concept of gross negligence manslaughter. According to the Crown Prosecution dish there are various factors to be taken into consideration before a company sewer be prosecuted for gross negligence manslaughter. The first factor to be considered is that there was a vocation of shell out owed by the accused to the deceased. The second factor to be proved is that there was a break arrive at of duty of criminal maintenance by the charged. The third factor to be proved is that the death of the deceased was caused by the breach of duty of care by the accused. The fourth important factor to be considered is that the breach of duty of care by the accused was big enough to be characterised as gross negligence and therefore an offense. chthonian the current law it is mandatory to identify a specific individual as a overbearing mind who is personally guilty of manslaughter. ... This is the biggest stumbling block in trying to prove corporate manslaughter. In offend of very serious failures by the directors and senior managers of ample companies it has been very difficult to prosecute them. One of the reasons is that life-size companies frequently assign safety decisions to junior managers or to outside agencies. (Bergman, 2003)In the past some large companies have been charged for manslaughter but unfortunately all the cases have failed. The Herald of Free enterprise sank off the coast of Zeeburgge in March 1987 shortly after it had left the port with its bow doors open. The trail collapsed during its sign stages. The judge ruled that there was no sufficient evidence of negligence on the part of the directors or senior managers which possibly could have resulted in the disaster in which 193 passengers were killed. (Bergman, 2003)The Southall rail crash occurred in family 1997 on the Great Western railingway Line at Southall. Six people were killed and over a 150 people were injured. The crash occurred when 1032 Great Western Intercity from Swansea to London Paddington which was operating with a defective semiautomatic Warning System indicator went through a red signal and collided with a goods train (Southall Rail Crash, 2006). The company was exonerated of corporate manslaughter after Scott Baker J ruled that the liability of manslaughter can still be imposed on the company on the principle of identification. (Simester and Sullivan, 2002) The Crown Prosecution Service time-tested to impeach the company without prosecuting any individual director or manager. But due to the court persuasion the case could not go ahead on this basis. The company was fined 1.5 million pounds after it pleaded guilty to