Download or read book Can Strict Criminal Liability for Responsible Corporate Officers Be Justified by the Duty to Use Extraordinary Care written by Kenneth W. Simons and published by . This book was released on 2017 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsible corporate officer (RCO) doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant's mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is it consistent with retributive principles when strict liability pertains, not to grading, but to whether defendant has crossed the threshold from noncriminal to criminal conduct?In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm.Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of negligence, and none of them sufficiently explains and justifies the RCO doctrine.
Download or read book Fault in Criminal Law written by Alan Reed and published by Taylor & Francis. This book was released on 2022-08-22 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.
Download or read book Hyperintensionality and Normativity written by Federico L. G. Faroldi and published by Springer. This book was released on 2019-03-28 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first comprehensive, in-depth study of hyperintensionality, this book equips readers with the basic tools needed to appreciate some of current and future debates in the philosophy of language, semantics, and metaphysics. After introducing and explaining the major approaches to hyperintensionality found in the literature, the book tackles its systematic connections to normativity and offers some contributions to the current debates. The book offers undergraduate and graduate students an essential introduction to the topic, while also helping professionals in related fields get up to speed on open research-level problems.
Download or read book Enforcement Corporate Officer Liability It is Not a Walk in the Park and the The Foreign Corrupt Practices Act Application written by Roseann B. Termini and published by . This book was released on 2017 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Strict Liability The Food Drug and Cosmetic Act is a public protection statute and provides for strict criminal liability. Therefore, corporate officials could be held criminally liable even if they had no knowledge or notice of the wrongdoing. The decision of Dotterweich concerned misbranded and adulterated drugs. The Supreme Court held that responsible corporate officials definitely could be prosecuted for violations and that strict liability applies under the Food Drug and Cosmetic Act (FDCA). This means that the court dispensed with a mens rea requirement or criminal intent usually requisite to sustain a criminal conviction. The jury at the trial court level found Mr. Dotterwiech, president and general manager, guilty of shipping misbranded drugs in interstate commerce and for shipping an adulterated drug. The Court of Appeals reversed the conviction and concluded that only the corporation was the 'person' subject to prosecution. Then, the United States Supreme Court reversed the Court of Appeals judgment and reinstated the conviction of the individual. United States v. Park is another landmark decision that involved criminal liability of corporate officials. The United States Supreme Court affirmed the imposition of criminal sanctions against a corporate official. That is, corporate officials can be held criminally accountable for failure to exercise authority and responsibility. The court determined that a corporate official has a duty to remedy violations and implement measures so that violations do not repeatedly occur. This articles addresses corporate liability under the FDCA and includes a discussion of the Foreign Corrupt Practices Act.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Directors Personal Liability for Corporate Fault written by Helen Anderson and published by Kluwer Law International B.V.. This book was released on 2008-10-22 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The corporation’s ability to avoid the costs of risks that materialize as a result of its pursuit of profits is a departure from the market model. It can easily be seen as an evasion of the obligations that go with being the un-coercing, freely-acting and choosing ‘invisible hand.’ Dramatic corporate collapses and major human and economic disasters due to bad corporate conduct have strengthened the common sense view that, if the corporate directors and officers have made the deliberate act their own in some way, they may be held responsible on the same basis that liberal law holds all individuals responsible for their intended actions in the non-corporate settings. Accordingly, recent decades have seen an increasing number of statutory interventions worldwide that impose direct responsibilities on directors and other corporate officers in respect of a wide range of regulatory regimes: environmental regulation, occupational health and safety and other employment standards, human rights statutes, transportation regimes, consumer and competition laws, protections for creditors and workers against insolvent trading, and the like. Legitimacy crises have pushed legislators to enlarge the number of responsibilities, to increase the amounts of the fines that may be levied and to make it clear that, in some cases, prison sentences will be imposed. This collection of essays describes and analyzes the legal regimes governing directors’ liability for corporate fault and default across eleven important trading jurisdictions. It asks: Are the reform provisions, especially director duties of ‘due diligence,’ sharply enough aimed to attain the goal of corporate accountability? Will it be easy or difficult for defendants to establish that due diligence was exercised? Is it possible that more reliance on self-policing may lead to less documenting and reporting of wrongs and dangers? What impact may schemes of greater self-monitoring have on State regulation? In what ways might corporations react to these demands that they become guardians of the public weal? The authors – each an authority in his or her respective jurisdiction – recognize that the reforms are a reaction to the political problems created by the ill fit of the corporation with the economic and political value systems that we purport to hold dear. As they survey the ways that vibrant economies can frame laws to influence the conduct of directors and companies, they invite further exploration into the political, economic, practical, and evolutionary factors that may explain the convergence and divergence of both statute law and judicial doctrines and the desirability or inevitability of this deeply significant trend.
Download or read book The Current State of the Responsible Corporate Officer Doctrine written by Joseph Edward Cole and published by . This book was released on 2002 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability of Corporate Officers and Directors written by William E. Knepper and published by MICHIE. This book was released on 1978 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how directors and officers can limit and protect against personal liability for corporate acts. Conflict of interest, class actions, liability of third persons, SEC regulatory actions, indemnification and contribution, and other relevant issues are addressed in the work.
Download or read book Corporate Criminal Liability written by Kathleen F. Brickey and published by . This book was released on 1984 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporations and Criminal Responsibility written by Celia Wells and published by Oxford University Press, USA. This book was released on 1993 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public toleration of corporate harms is evaporating: deaths and injuries at work and transport accidents increasingly prompt call for prosecution of a corporation. Should corporations be punished? This new book draws on philosophical, cultural, and psychological factors in considering arguments about the criminal liability of corporations. Justifications for criminal punishment and the underlying bases of criminal responsibility are described in the context of corporate activities, and the system of regulation and control of corporate harm through, for example, health and safety legislation, is examined and contrasted with conventional enforcement of criminal laws. Public perception of corporate harms is explored from a number of perspectives including the institutional framework of inquests and public inquiries. The book also includes a full analysis of the trial of P & O on manslaughter charges following the Herald of Free Enterprise disaster.
Download or read book Corporations as Criminals written by Ellen Hochstedler Steury and published by SAGE Publications, Incorporated. This book was released on 1984 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a corporation commit a crime? If so, who in the organization is to be held responsible and how does a criminal justice system, designed to process individual criminals, cope with the criminal corporation? This book explores both the theoretical and practical problems of bringing criminal sanctions against corporate offenders through the courts and regulatory agencies, and offers some of the latest legal, historical and sociological research on the subject of sanctionning corporate wrongs.
Download or read book Strict Liability in Criminal Law written by Faizan Mustafa and published by . This book was released on 1992 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Becoming an Exemplary Peace Officer written by Michael S. Josephson and published by . This book was released on 2006-01-01 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Josephson discusses ethical values and decision-making techniques as he explores the everyday pressures that can compromise our integrity.
Download or read book Responsibility and Psychopathy written by Luca Malatesti and published by Oxford University Press. This book was released on 2010-08-19 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Negligence Without Fault written by Albert A. Ehrenzweig and published by Univ of California Press. This book was released on 2023-11-10 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
