مقاله انگلیسی رایگان در مورد حقوق جزا در بحران های غیر تروریستی و تراژدی ها – الزویر 2018

Criminal prosecutions are the best legal means of ensuring culpable parties are held to account. For example, corporations and governments may be accused of committing wrongful acts, but the actual decisions and acts are undertaken by people. Someone made the decision, committed the act, or failed to act when they should have acted. The culpable persons may escape liability if attention is solely focused on the corporate or government entity. Criminal liability can pierce the corporate veil or government entity to reach the individual wrongdoers. Civil liability developed Tort Law to compensate the victims, usually through compensatory damages assessed against the wrongdoer, commonly referred to as a tortfeasor. Compensatory damages are intended to place victims in the condition they were in before the accident. It can usually only be done through money damages. However, three limitations exist on individual culpability such that the wrongdoer escapes liability. First, if the tortfeasor is an employee, then the employer will also often be liable through vicarious liability. Under the doctrine of vicarious liability, often referred to as respondent superior, the employer is also liable for the wrongful conduct committed in the scope of employment by an employee. Individual employees remain liable in theory, but the victim will normally seek compensation from the defendant with “deeper” pockets, the employer. The employee will effectively be relieved of liability. The second exception is when insurance will cover the loss. In situations when defendants are personally responsible for causing an accident, such as a typical automobile accident, insurance, up to the policy limits, may cover the damages. Liability insurance may effectively serve as a functional limit on liability. Assuming vicarious liability and insurance do not relieve the defendant of liability, a third means exists of escaping liability, personal bankruptcy, if the defendant lacks the resources to fully compensate the victims. The reality therefore is that even in a country with a strong compensation system, whether in a common law or civil law system, personal liability may be lacking. Potentially responsible parties, having escaped liability, may not feel the need to change conduct.