Crim Law

Card Set Information

Author:
Anonymous
ID:
2507
Filename:
Crim Law
Updated:
2009-12-08 14:48:19
Tags:
Taft
Folders:

Description:
DEFENSES
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  1. Corporate Crim Liability:
    Are corporations liable for minor or major offenses?
    Defenses?
    • minor:yes, (esp strict liability) FI WITHIN COURSE OF EMPLOYMENT. intent and knkowledge ( if applicable) of employee make corporation liable
    • major:conflicted
    • 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.

  2. does criminal liability affect liability of the person?
    • nope!
    • both are guilty and are charged separately.
  3. 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.
  4. infancy
    • 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.
  5. when is age of child determined?
    age at the time of the crime, chronolical age, not mental age.

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