Since the criminal law’s traditional focus had been on individual offenders, the notion of organizational culpability has gendered great debates. Although American criminal law initially rejected the idea that an organization could be criminally responsible, American courts have increasingly resorted to the criminal law as an organization control device since 1909. In contrast, on the European continent, under the doctrine of “societas delinquere non potest”, organizations are still not subject to criminal punishment because the moralistic goals of the criminal law are better appreciated than they are in America. Notwithstanding that Taiwan academics have attempted to challenge the topic, very few discussions are based upon the consideration of American criminal law. Accordingly, the primary purpose of this Article is to provide a discussion within the framework of American criminal law. First, this Article is devoted to the introduction of the historical development of organizational culpability in America. Although the discussion in this Article will not be exhaustive, it will suffice to expose some critical problems raised in the American law and literature of organizational culpability. Next, this Article attempts to analyze different models of organizational culpability abstracted from American criminal law and construct the theoretical basis for organizational culpability. The observation leads to the conclusion that our criminal law should distinguish individual culpability from organizational culpability. Organizations may be prosecuted alone, their members may be prosecuted individually, or both may be prosecuted together. Consequently, in conclusion, this Article proposes that our criminal law adopt a dual culpability system and addresses the need for a new penal reform.