ABSTRACT

Why is it that when someone assaults or steals from another person, there is a consensus that this should be dealt with as a crime, but even greater harms by business escape such responses? Why do workplace safety authorities, environmental inspectors and securities regulators see it as important to negotiate and establish compliance regimes with business, while ordinary offenders are seldom afforded such courtesies? Why, even when regulators take action, do they often avoid using criminal law and instead resort to civil fines and other penalties?