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To be clear I'm not saying a corporation can't be charged with a crime. Just that a corporation charged with a crime almost never goes to trial. And I don't k
by elliekelly 8y ago
To be clear I'm not saying a corporation can't be charged with a crime. Just that a corporation charged with a crime almost never goes to trial. And I don't know a single corporate attorney who has ever handled a criminal case for a corporation. We negotiate contracts, not plea agreements.
So while I'm not at all a criminal attorney (and I don't pretend to be an expert here) a defendant's presence at a criminal trial is first year law school stuff. A defendant absolutely must be present for the initial appearance. They can waive their right to appear (by not showing up once they've been charged) but criminal charges cannot be brought in absentia.
My point was that a corporation that ceased to exist likely wouldn't face charges the same way a deceased person wouldn't face charges because the government can't charge a defendant without their presence.
If the government could charge people with crimes without having them appear in court they surely would have tried and convicted Whitey Bulger long before he was caught and wouldn't have been so concerned with Julian Assange's extradition.
- unreal37 8y ago(Gotta love all the non-lawyers arguing with a corporate lawyer over corporate law.) If people could be criminally charged "in absentia", then Edward Snowden, Julian Assange, etc would be convicted of things while they were in hiding. I think a better analogy is that they don't convict dead people of crimes. There's nothing to be gained from that.