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Article
A Fresh Look at the Responsible Relation Doctrine
Journal of Criminal Law & Criminology (2006)
  • Todd S Aagaard, Villanova University School of Law
Abstract
This Article suggests a rethinking of the responsible relation doctrine, which holds business officials, managers, or supervisors criminally liable for failing to prevent or correct violations that occur within their areas of responsibility and control. The conventional public welfare justification for the doctrine is that it provides added and important deterrence of legal violations that threaten human health and safety. The Article suggests instead that the doctrine is better understood and defended as properly following from traditional criminal law prohibitions on acts of omission, and specifically from the principle that individuals may be criminally liable when their failure to fulfill their employment responsibilities results in a harm that is punishable as a crime. Examined through this lens, the responsible relation doctrine justifiably can be applied much more broadly than it has been to date, in a variety of contexts in which a defendant’s employer gives him the responsibility to prevent violations of the law. The Article concludes by discussing some insights into the operation of the responsible relation doctrine that are highlighted by identifying the doctrine as a species of criminal omission, such as that the responsible relation doctrine is not a form of imputed, derivative, or vicarious liability.
Disciplines
Publication Date
2006
Citation Information
Todd S Aagaard. "A Fresh Look at the Responsible Relation Doctrine" Journal of Criminal Law & Criminology (2006)
Available at: http://works.bepress.com/todd_aagaard/2/