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Corporate Crim Liability:
Are corporations liable for minor or major offenses?
- minor:yes, (esp strict liability) FI WITHIN COURSE OF EMPLOYMENT. intent and knkowledge ( if applicable) of employee make corporation liable
- repondeat superior §303:must have requiset intent, in the course of employment,even if against company policy and/or express instructions.
- MPC §304:must be authorized, performed or recklessly tolerated by board of directors ) or other such high authority)
- compromise approach:§305 corporation must give perpetrator " enough atuhority and responsibility". does not require approval or knowledge, just gave power to do so.
MPC:crimes other then strict liability, can argue high authority exercised due diligence to averting such crimes.
does criminal liability affect liability of the person?
- both are guilty and are charged separately.
liability of associations ( non corporations)
- general rule: no liability
- exception: liability imposed by law ( eg. lisense plates of vehicles)
- Exception: legislative intent to make liable
- DISTINGUISH: entity theory:can sue and be sued under their own name.thus authority to hold liability equal to corporations.
- common law: incapable. Under 7, not capable. 7-14, presumed incapable, but can be rebutted, prosecution can show evidence of capability EXCEPTION:male commiting rape, not capable, urrefutable. 14 and older:no presumption of incapability.
- MODERN LAW:
- california:under 14 presumed incapable, but all ages are rebuttable.
when is age of child determined?
age at the time of the crime, chronolical age, not mental age.