Political culture and corporate homicide liability in the UK and Europe

This chapter outlines recent developments in the emergence within Europe of systems of criminal law designed to hold corporate bodies liable where they cause the deaths of workers or members of the public. These changes point to the emergence of a new, more punitive, legal culture in relation to corporate crime. At the same time, however, there is evidence to suggest that this punitive culture is not uniform; different national jurisdictions reflect it to differing degrees. The chapter explores the degree to which the UK’s willingness to criminalise work-related deaths is mirrored elsewhere in Europe, and identifies some factors that might account for variations in this regard. In particular, attention is paid to the influence that social and political culture have on practices in this area. It is written as part of a research handbook on corporate crime in Europe, so has an eye on a more generalist audience in some regards.

Understanding the seriousness of corporate crime: Some lessons for the new 'corporate manslaughter' offence

The measurement of public attitudes towards the criminal law has become an important area of research in recent years because of the perceived desirability of ensuring that the legal system reflects broader societal values. In particular, studies into public perceptions of crime seriousness have attempted to measure the degree of concordance that exists between law and public opinion in the organization and enforcement of criminal offences. These understandings of perceived crime seriousness are particularly important in relation to high-profile issues where public confidence in the law is central to the legal agenda, such as the enforcement of work-related fatality cases. A need to respond to public concern over this issue was cited as a primary justification for the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007. This article will suggest that, although literature looking at the perceived seriousness of corporate crime and, particularly, health and safety offences is limited in volume and generalist in scope, important lessons can be gleaned from existing literature, and pressing questions are raised that demand further empirical investigation.

Mediating punitiveness: understanding public attitudes towards work-related fatality cases

This paper concerns an empirical investigation into public attitudes towards work-related fatality cases, where organizational offenders cause the death of workers or members of the public. This issue is particularly relevant following the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 into UK law. Here, as elsewhere, the use of criminal law against companies reflects governmental concerns over public confidence in the law’s ability to regulate risk. The empirical findings demonstrate that high levels of public concern over these cases do not translate into punitive attitudes. Such cases are viewed rationally and constructively, and lead to instrumental rather than purely expressive enforcement preferences.

Camera and performer: energetic engagement with the shield

The stylistic strategies, in particular those concerning camera placement and movement, of The Shield (FX, 2002-08) seem to directly fit into an aesthetic tradition developed by US cop dramas like Hill Street Blues (NBC, 1981-87), Homicide: Life on the Street (NBC, 1993-99) and NYPD Blue (ABC, 1993-2005). In these precinct dramas, decisions concerning spatial arrangements of camera and performer foreground a desire to present and react to action while it is happening, and with a minimum of apparent construction. As Jonathan Bignell (2009) has argued, the intimacy and immediacy of this stylistic approach, which has at its core an attempt at a documentary-like realism, is important to the police drama as a genre, while also being tendencies that have been taken as specific characteristics of television more generally. I explore how The Shield develops this tradition of a reactive camera style in its strategy of shooting with two cameras rather than one, with specific attention to how this shapes the presentation of performance. Through a detailed examination of the relationship between performer and camera(s) the chapter considers the way the series establishes access to the fictional world, which is crucial to the manner of police investigation central to its drama, and the impact of this on how we engage with performance. The cameras’ placement appears to balance various impulses, including: the demands of attending to an ensemble cast, spontaneous performance style, and action that is physically dynamic and involving. In a series that makes stylistic decisions around presentation of the body on-screen deliberately close yet obstructive, involving yet fleeting, the chapter explores the affect of this on the watching experience.