The Cartel Trial: Issues of Dishonesty and Jury Nullification

Stephan, Andreas ORCID: https://orcid.org/0000-0002-9839-7338 (2023) The Cartel Trial: Issues of Dishonesty and Jury Nullification. Journal of Competition Law and Economics. ISSN 1744-6414 (In Press)

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Abstract

The case of R v Stringer and Dean provides a unique insight into issues of dishonesty and possible jury nullification in offences designed to control corporate misbehaviour. The jury were unconvinced of the defendants’ dishonest state of mind in the first (and to date only) case to be tried under the UK’s cartel offence. This was despite no attempt being made to dispute the existence of the cartel or present evidence in their defence. The paper asks whether the trial highlights flaws in the concept of dishonesty or reflects a broader problem of jury nullification in offences relating to corporate misconduct. It concludes that while dishonesty is unpredictable and can be easily challenged in the context of business misconduct, there is also a significant danger that juries question the legitimacy of treating some business misconduct as crime, regardless of how an offence is designed.

Item Type: Article
Uncontrolled Keywords: sdg 16 - peace, justice and strong institutions,4*,this paper provides an entirely unique and original insight , as reflected in the referee's comments contained in the acceptance email. ,/dk/atira/pure/sustainabledevelopmentgoals/peace_justice_and_strong_institutions
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: LivePure Connector
Date Deposited: 18 Jan 2023 12:32
Last Modified: 23 Jan 2023 02:06
URI: https://ueaeprints.uea.ac.uk/id/eprint/90632
DOI:

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