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Words: | Submitted: Mon Jun 19 2006
... they are seen as the correct body which must be blamed rather than individuals when disasters happen. This can be demonstrated by the action brought by the relatives of the victims following the sinking of the Herald of Free Enterprise . The relatives in this case were seeking primarily the prosecution of P&O and not of the individual employees involved with the disaster. Under the law in England and Wales as it currently stands, the method by which companies are held criminally responsible for manslaughter is that of the doctrine of identification . This involves having to identify someone who is sufficiently senior within the company who can be said to represent the "mind and will" of the company. If this person commits a crime within the course of their employment, that crime, and the mens rea of it can then be attributed to the company, which becomes identified with it ...
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