Arthur, R., and Roper, V. (2018) ‘Criminal liability for child deaths in custody and the Corporate Manslaughter and Corporate Homicide Act 2007’, Child and Family Law Quarterly, 30(2), 121-144.
This article examines the Corporate Manslaughter and Corporate Homicide Act 2007 (the Act) in light of the child offense issue in the 21st century. In particular, the author highlights the insufficient prosecution of child deaths in custody despite numerous appeals for it. Overall, the article does a great job of systematically outlining the potential reforms, including their content and reach. Therefore, it will serve as a useful source of examples in the discussion of the Act’s provisions. Based on the article, the Act failed to have a significant impact in this particular field due to a lack of deaths in custody specification.
Field, S. (2019a) ‘The Corporate Manslaughter and Corporate Homicide Act 2007 and Human Rights, part I: has universal legal protection of the right to life been advanced?’, International Company and Commercial Law Review, 30(7), 369-379.
This article investigates the connection between the Act and the Human Rights Act of 1998. Mainly, it examines the Act’s performance ten years after its enactment in light of human rights advancement. The author provides convincing evidence behind her statement that the Act had, in many ways, failed to fulfill the expectations of becoming a panacea for corporate injustice. It contributes to the essay’s discussion by representing the first – negative – perspective toward the Act’s performance and impact. Nevertheless, it successfully manages to represent the perspective of people meant to be protected by the Act. The main reasons behind Act’s insignificant impact, according to the author, lie in the absence of individual liabilities and the causality requirement.
Field, S. (2019b) ‘The Corporate Manslaughter and Corporate Homicide Act 2007 and Human Rights, part II: has universal legal protection of the right to life been advanced in a custodial setting?’, International Company and Commercial Law Review, 30(8), 415-423.
This article serves as a continuation of the Act’s discussion in the light of human rights protection, focusing on a more specific issue of a custodial setting. The author examines the obstacles in the prosecution of manslaughter in custody under the Act, concluding that the current practice does not comply with the provisions of the European Human Rights Convention. Overall, the author provides sufficient evidence for her argumentation and provides useful insights regarding the Act’s imperfection even outside the chosen issue framework. In addition, it provides additional information to support the argument posed in the first article by Arthur and Roper (2018), thus, benefiting the essay’s discussion. Based on the article, the Act has little impact on the common law doctrine since its current form does not define deaths in custody as homicides.
Hanley, B. P., Bains, W., and Church, G. (2019) ‘Review of scientific self-experimentation: ethics history, regulation, scenarios, and views among ethics committees and prominent scientists’, Rejuvenation research, 22(1), 31-42. Web.
This article examines self-experimentation ethics history, practice, associated law regulations, use scenarios in industry and universities, and general attitudes toward it. Based on the conducted research, the authors concluded that there is significant organizational uncertainty over its ethical and regulatory status present in society, mainly due to a fear of potential consequences. Overall, the article provides a sophisticated overview of the issue from many viewpoints. It includes the legality framework, namely the role of the Act in the issue, presenting another field of concern for the current discussion apart from Human Rights implications. The potential impact of the Act is insignificant since its provisions tend to be too vague without a concrete case’s precedent.
Parsons, S. (2018) ‘The Corporate Manslaughter and Corporate Homicide Act 2007 ten years on: fit for purpose?’, The Journal of Criminal Law, 82(4), 305-310. Web.
The article elaborates on the question of whether the Act fits its purpose ten years after its establishment. In particular, the author attempts to give a concrete answer to whether the Act is effective in offense against large corporations by utilizing the case law study. This issue is considered one of the main flaws of the Act and, thus, deserves inclusion in the essay’s discussion. On the one hand, the chosen cases do prove the author’s conclusion of the Act’s inefficiency. On the other hand, additional research regarding the requirement to prove the causality between the manslaughter act and the senior company’s management for the prosecution to be successful is required. Overall, based on the article, the Act had mainly impacted small to medium size companies.
Roper, V. (2018) ‘The Corporate Manslaughter and Corporate Homicide Act 2007 – a 10-year review’, The Journal of Criminal Law, 82(1), 48-75. Web.
This article reviews the Act’s performance in practice over the ten years of its existence. In particular, the author provides an analysis of the initial Act’s criticism, evaluates its ability to achieve set goals, criticizes the judicial precepts in this area, and encloses new insights regarding the future of corporate manslaughter issue with the recommendations of the Act’s potential improvements. Overall, the data presented in the article are well-structured and supported by solid arguments. The article provides the second – middle-ground – perspective regarding the Act’s impact, which contributes to the critical reflection on the essay’s topic. Based on the article, the Act’s impact cannot be considered exceptional due to its limitations regarding individual prosecution; however, it has not been a failure either since it managed to balance out the concerns of the public and the industry.
Roper, V. (2022) ‘The ‘Corporate Manslaughter and Corporate Homicide Act 2007’: a re-evaluation 10 years on from the first case’, Criminal Law Review, (4), 290-306.
This article provides the assessment of the Act ten years after the first prosecution under it took place. In particular, the author speaks in defense of the Act, critically evaluating its strong and weak points and explaining the difference between the actual and anticipated case numbers. It represents the third – positive – perspective regarding the Act, thus, ensuring the essay’s respect toward different existing opinions. The main strength of the article is in its sophisticated argumentation and exemplification of propositions it makes. The Act’s impact, according to the article, is substantially hindered by the complexity of the enforcement environment.
Ryder, N. (2018) ‘‘Too scared to prosecute and too scared to jail?’A critical and comparative analysis of enforcement of financial crime legislation against corporations in the USA and the UK’, The Journal of Criminal Law, 82(3), 245-263. Web.
The article critically examines the attempts to deal with corporate financial crime in the USA. Additionally, it elaborates on the analogical efforts of tackling corporate financial crime from the UK’s perspective and consequently compares them with the former. After listing the historical development of legislation in every country, the author highlights the weak points of each specific practice and provides recommendations and reform suggestions for both cases. This article’s main strength lies in a rich illustration and exemplification of the issue’s background. In addition, it sheds light on the similar practice under different legislation, which enriches the research presented in the essay. According to the author, the Act’s impact is negligible due to the small number of criminal charges brought under it.