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Date: April 29, 2024 Mon
Time: 8:29 pm
Time: 8:29 pm
Results for corporate criminal liability
2 results foundAuthor: Maerz, Mary Title: Corporate Cruelty: Holding Factory Farms Accountable for Animal Cruelty Crimes to Encourage Systemic Reform Summary: Animal cruelty within industrialized animal agriculture, or factory farms, is a major concern of the animal protection movement. Two types of animal cruelty exist in factory farms: systemic and egregious cruelty. Systemic cruelty refers to day-to-day operations of factory farms which expose farm animals to the most constant and prolonged suffering. Egregious cruelty refers to specific acts of violence to animals by farm workers. While systemic cruelty is the top priority of animal advocates, only criminal prosecution of egregious cruelty has gained traction. This Note proposes that animal advocates, through the criminal justice system, should seek to apply the doctrine of corporate criminal liability to egregious anti-cruelty cases. Doing so would address the factory farming system itself, deter the corporation form allowing similar conduct to continue, incentivize the corporation to make systemic reforms to avoid liability, and address controversial prosecutions of factory farm workers. Anti-cruelty violations of workers can satisfy the elements of the legal doctrine for corporate criminal liability. Due to the nature of their day-to-day work, factory farm workers, when they commit acts of egregious cruelty, are employees of the factory farm corporation, working within the scope of their employment, and to the benefit of the corporation. The mens rea element required for criminal corporate liability can be satisfied by imputing the workers' knowledge or intent to the corporation. Animal advocates can take advantage of the ability to prosecute egregious anti-cruelty cases arising from factory farms through corporate liability to better impact systemic cruelty reform. Details: Unpublished paper, 2019. 39p. Source: Internet Resource: Accessed May 10, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3367234 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3367234 Shelf Number: 155733 Keywords: Animal Cruelty Animal Law Animal Protection Corporate Crimes Corporate Criminal Liability |
Author: Victoria. Sentencing Advisory Council Title: Animal Cruelty Offences in Victoria Summary: Criminal proceedings involving animal cruelty offences tend to attract considerable attention from both the media and the general community. To date, however, very little research has been published on the sentencing outcomes of those offences in Victoria, or in Australia generally. This report aims to fill that gap by providing an overview of sentencing outcomes for animal cruelty offences heard in Victorian courts in the 10 years from 2008 to 2017 (inclusive), using data provided by courts and prosecuting agencies. In doing so, this report includes an analysis of which animal cruelty offences people and corporations were sentenced for, the sentences that were imposed for those offences and who committed those offences. This report also identifies whether animal cruelty offenders were sentenced for other offences in the same case (co-sentenced offences), whether their offending occurred in the context of family violence and whether those offenders were sentenced for other offending in the four years before and after their sentence for animal cruelty (prior and subsequent offending). Details: Melbourne: Author, 2019. Source: Internet Resource: Accessed May 17, 2019 at: https://www.sentencingcouncil.vic.gov.au/sites/default/files/publication-documents/Animal_Cruelty_Offences_in_Victoria.pdf Year: 2019 Country: Australia URL: https://www.sentencingcouncil.vic.gov.au/sites/default/files/publication-documents/Animal_Cruelty_Offences_in_Victoria.pdf Shelf Number: 155890 Keywords: Animal Abuse Animal Cruelty Animal Law Animal Protection Corporate Crimes Corporate Criminal Liability Sentencing |