Curriculum Guide · Courses
Defending and Prosecuting Corporations and Their Officers and Employees in Complex Criminal Cases
Professor Robert Bennett
J.D. Course 1113 | 2 credit hours
This course covers issues confronting corporations, officers, and employees when they find themselves under criminal investigation. In doing so, the class will focus on the role of an internal investigation, some of the thornier legal and ethical issues that arise in conducting such an investigation, and the practical problems that must be confronted in any investigation. The class will also examine the benefits and limitations of an internal investigation from every perspective, including that of the board of directors, the audit committee, management, employees, the lawyers conducting the investigation, the prosecutors who have to evaluate what to do with the investigation, and the public. This course will seek to address theoretical questions concerning the evolution of internal investigations and the extent to which their use in criminal prosecutions comports with fundamental notions of fairness and advances the public’s interest in the enforcement of criminal law. It will also provide practical advice on handling the defense of corporate entities and their offices and employees.
Prequisite: Criminal Justice (or the equivalent Democracy and Coercion) or Criminal procedure. Recommended: Concurrent or prior enrollment in Corporations.