Wednesday, December 7, 2011

When Is a "Person" Not a Person?

As we know, corporations are people, according to the Supreme Court in the Citizens United case. Well, check out this snip from an NPR story on the Massey mining settlement in West Virginia:

The settlement extracts from Alpha Natural Resources, which bought Massey Energy earlier this year, nearly $130 million for mine safety training and major safety equipment improvements. Although the settlement blames Massey for the conditions that led to the deadly explosion, Alpha will pay nearly $35 million in fines for Massey's safety violations. As much as $1.5 million will go to each of the families as restitution.

In return, no criminal charges will be filed against Alpha. That angers Judy Jones Petersen, a Charleston physician whose brother Dean died in the disaster.

"Justice is not if you have enough money to pay off your heinous acts then you may go free," she said. "And that's what's happening here. They have enough money, they have the wherewithal, and mind you, it's done on the backs of people whose lives were lost, but they have enough money to pay away their sins."

[U.S. Attorney Booth] Goodwin said there are limited ways to punish a corporation.

"It is not a life. It is not a being. It can't go to jail," he said. "The only thing that it can do is help make sure something like this doesn't happen again."
Perhaps that's because a corporation is not a person. Maybe someone could tell the majority on the Supreme Court.

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The only possible good news in NPR's Massey story:

Goodwin said his office is still considering criminal charges against former Massey executives and managers responsible for the Upper Big Branch mine. They can be charged, despite the settlement. He said the investigation has revealed criminal conduct but declined to be more specific.

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