Just prosecute individuals making these kind of decisions. Currently you can get away with almost all white-collar crime as he company picks up the bill. Only the most outrageous of the outrageous ever ends up being prosecuted, and even that doesn't always happen.
Much of this tomfoolery will quickly end if you actually start holding people accountable. Giving some corporation a fine is not that.
>If it weren't punitive, it wouldn't be a deterrent.
This is why I don't understand people who are against the death penalty and punishing mandatory minimum sentences. As you correctly point out, harsh retribution is a good deterrent.
Because the actions that lead to death penalties are usually committed without a calm and collected risk-benefit analysis, whereas economic decisions of a corporation absolutely are.
Theoretically. In practice it's reserved for the unfortunate souls who happen to be born in the most racist parts of the US with the most tough-on-crime attitudes and corrupt policing. And then some of them are just innocent, too.
The problem with death is you can't undo it. If you mess up, including systemic mess ups, it's over.
> where the criminal did actually think it through
Until we can get into the criminal's brain we can't know the extent to which they thought it through.
We're just basically saying, "Anybody would know that they shouldn't kill somebody and it seems like they probably thought about killing this person before they did it."
I doubt there's going to be a stat that satisfies you here, but this one is interesting:
I'm not the one saying that the penalty works as a deterrent. It probably didn't in this case since the guy killed himself. Although he may have preferred death to a life in prison.
Congrats on picking the most extreme example possible.
What about a situation where someone kills their wife after work one day? How will you know if he had thought about it for a while or just snapped? Obviously you will look at the evidence and see if there was clear evidence of planning or not. But if there's not how can you be confident in whether it was planned?
> I'm not the one saying that the penalty works as a deterrent.
Look up the prison population vis a vis mandatory minimums and tell me its been a good deterrent. Maybe what drives crime is independent of how much deterrent there is!
I mean, yeah. It's still a them problem, because they can choose to engage or not engage in those practices while knowing the consequences. What are you going to do, never penalize companies when it might hurt their bottom line?
Just because they can't pay it doesn't mean there shouldn't be repercussions. That would be like saying that a person can't be fined because they don't have the money. AFAIK the judicial system will happily levy costs on you that you can't afford, and it is 100% a "you problem".
Much of this tomfoolery will quickly end if you actually start holding people accountable. Giving some corporation a fine is not that.