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Well what are the ridiculously high salaries for if they don't even take responsibility. I mean parents are liable for their children, so why should a CEO not b
by cycomanic 2y ago
Well what are the ridiculously high salaries for if they don't even take responsibility. I mean parents are liable for their children, so why should a CEO not be made responsible for the culture of the corporation underneath them?
- lupusreal 2y agoParents are generally not criminally liable for the crimes their kids commit. They might catch some related negligence charges or something, but if little Jimmy decides to rob a 7-11 his mom doesn't get sent to prison for armed robbery.
- krisoft 2y agoThe way i see it (and here I describe how I think the law should work, not how it works): If a Boeing engineer has a breakdown and robs a 7-11, the C suite of Boeing is not responsible for that. If the Boeing engineer murders people in their course of duty because of the incentive structure set up by the C suite then they are responsible for that. How do you prove that? The same way how you prove anything. Lots of discovery which reveals concrete evidence of the C suite setting up and maintaining said incentive structure and then the prosecutorial team describing the connection to a jurry of their peers. It is the difference between little Jimmy deciding to rob a 7-11 because they are dumb as a rock, vs doing the same because they grown up in an organised crime family.
- lupusreal 2y agoUnder this theory I think maybe you could get the C suite for negligent homicide, but murder seems like a huge stretch for anything but a kangaroo court.
- constantcrying 2y agoBecause that would be a perversion of justice. You can not pay someone to take on criminal liability for crimes they didn't commit and could not have any knowledge of. Just imagine what precedent this would set if it was allowed. If courts would accept that criminal liability can be transferred in exchange of cash, how would the justice system look like? "Culture" is completely ephemeral and having a court of law determine that the CEO "caused" some change in culture which then caused criminal behavior is ridiculous. This obviously can not be proven "beyond a reasonable doubt". >I mean parents are liable for their children Parents do not take on the crimes of their children. They are criminally liable for not overseeing their children's action and/or for not preventing their actions, which is something totally different.
- amelius 2y agoSo you are saying that in a case like Boeing's the CEO was completely unaware of the shitshow at their company and couldn't have taken appropriate actions?
- constantcrying 2y agoA dysfunctional company with bad management is not a crime. Putting a CEO in jail because he is bad, not because any crime had been committed, is an even worse idea. The specific case here about criminally negligent software design errors almost certainly never came up to the CEO. If there is evidence otherwise and the CEO was aware of the problem and decided that the risks were acceptable then he obviously should go to jail. This was not the case here as far as I am aware. Knowing of the issue is the important thing here. If you want another case you can look at the Diesel Gate Scandal at VW, it is German law, but the single most important question is always "who knew", because if the person did not know and had no reason to want to know he HAS to be innocent, regardless whether it is the CEO or anyone else.
- consp 2y ago> The specific case here about criminally negligent software design errors almost certainly never came up to the CEO. He or she is responsible for the culture and governing within the company. So either way they are involved either by knowing and ignoring or by setting the precedent for this to go ahead without their knowledge. The punishment for those might differ but it's not a free pass.