Should Corporations Go To Jail?

Whenever the subject of whether or not corporations are people comes-up in conversation, the most likely answer is “No! Are you kidding?” The conversation inevitably winds around to why corporations have rights that US citizens do not (they do, by the way) and if corporations are going to be deemed people, then why shouldn’t they go to jail just like people can. I’m the sort who doesn’t think it’s a matter of “if” (it’s pretty clear, to me, that they should) but how, exactly. So, here’s how it could work…

First, why shouldn’t corporations go to jail for the same kind of dangerous, anti-social behaviors that individuals can? Corporations are chartered from the government for the express purpose of serving society — really, read about it here. There is a history.

There’s no reason why corporations shouldn’t suffer for their actions and, indeed, there are already mechanisms to penalize organizations for wrong-doings (even if these penalties are often laughably light). If they can benefit from society, they can contribute to it. Already, leaders in corporations can go to jail for grievous activities. And, a company can face fines, limitations, and other consequences of its actions — just not the ultimate consequences: incarceration (or death, for that matter*).

Second, the most common rebuttal to the idea of companies going to jail is: “It…