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ID number:563523
 
Evaluation:
Published: 06.10.2005.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

CONCLUSION.
The maintenance of Fisse and Braithwaite's pyramidal approach, with a new apex crime of industrial manslaughter, would modernize the current approach to corporate defendants, by prioritising the practical realities of workplace death over traditional identification. The law in aggregating responsibility, would establish a progressive legal position which seems to represent the direction of legal reform which many authorities have imposed or otherwise recommend. This is so despite, the fact that the traditional mens rea of a natural person, is irreconcilable with measures positing collective fault in the crime of industrial manslaughter. To this end, workplace deaths caused by failures in the implementation of safety systems should indeed be a form of involuntary manslaughter for which an employer is criminally responsible.

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