Designed Not to Work but Working Perfectly: The Silencing of Victims of Corporate Crime

ABSTRACT

This article examines the operation of the courts in response to crimes committed by the powerful, in their position relative to victims of corporate crime. During the pandemic, construction fatalities rose by 33%, whereas prosecutions fell by 24%. Fines, on average, have increased, but enforcement has decreased, leaving many families without justice. Using Smart’s feminist framework of analysis with testimony from bereaved families, this article examines how the court process silences potential corporate criminality and harms. It offers empirical data that deepen the understanding of the response of the courts to corporate crime as an invisible crime that has been effectively decriminalised. Additionally, it examines the experiences of bereaved families, whose testimonies are rarely acknowledged in academia or media. Their stories expose the reality of corporate power, and the challenges faced by those who are silenced by justice in practice.