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For Legal Purposes, a Corporation Can Be Treated as a Person

Question 63

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For legal purposes, a corporation can be treated as a person capable of forming the intent necessary tocommit a crime. In September 2015, General Motors Co. (GM)admitted criminal wrongdoing related toflawed ignition switches in its automobiles and paid a $900-million fine tothe federal government. The faulty switches would cause the cars' engines toshut off for noapparent reason, putting drivers and passengers at considerable risk. GM employees were aware of the defect-which has been linked toat least 124 deaths and numerous injuries-for nearly a decade before addressing the problem. The deaths and injuries caused by GM's deception and negligence are an example of corporate violence. In contrast toassaults committed by individual people, corporate violence is a result of policies or actions undertaken by a corporation. As the chief prosecutor of Detroit, Michigan, you are well aware that GM knew about these faulty ignition switches and opted not toaddress the matter. As a result, a family of four in your city died in an automobile accident caused by a faulty ignition switch. Although GM has paid out millions in civil and criminal penalties, you have been asked by the remaining family members of this family toconsider filing state criminal charges of voluntary manslaughter, conspiracy, criminal negligence, and fraud against the CEo, seven Vice-Presidents, and four members of the engineering department. The family feels that they should pay with prison time, not just with money. Doyou file criminal charges against the aforementioned GM officials, or doyou elect not to? Please fully explain your decision.

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