Can oil companies be charged with murder? Harvard paper

[orthoclad]

A paper accepted for publication in Harvard Environmental Law Review argues that oil companies are killing members of the public, faster and faster. The paper argues that homicide charges could apply.

https://www.theguardian.com/environment/2023/mar/22/big-oil-companies-homicide-harvard-environmental-law-review

The striking and seemingly radical legal theory is laid out in a paper accepted for publication in the Harvard Environmental Law Review. In it, the authors argue fossil fuel companies “have not simply been lying to the public, they have been killing members of the public at an accelerating rate, and prosecutors should bring that crime to the public’s attention”.

“What’s on their ledger in terms of harm, there’s nothing like it in human history,” said David Arkush, the director of the climate program at consumer advocacy group Public Citizen and one of the paper’s authors.

snip

...the new paper argues that oil companies’ climate research and continued fight to delay climate regulations amount to a “culpable mental state” that has inflicted harm on people, including death.

“Once you start using those terms, you come to realize that’s criminal law,” said Donald Braman, a law professor at George Washington University and Arkush’s co-author. “Culpable mental state causing harm is criminal conduct, and if they kill anybody, that’s homicide.”

(emphasis mine)

[bucolic_frolic]

1. Corporations are people, after all, so they could be said to have Mens rea

[orthoclad]

2. Could you describe Mens rea for us?

Thank you.

[bucolic_frolic]

3. criminal intent

https://www.google.com/search?client=firefox-b-1-lm&q=mens+rea