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.
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.