Read And Reflect On The Assigned Readings For The Wee 828133 ✓ Solved

Read And Reflect On The Assigned Readings For The Week Then Post What

Read and reflect on the assigned readings for the week. Then post what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding in each assigned textbook chapter. Identify the different elements of a business crime. Explain how mens rea can vary in a business crime vs. an individual crime. Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion. Also, provide a graduate-level response to each of the following questions: Explain the concepts of mens rea and actus reus and analyze how they relate to corporate criminal liability. Mike Millionaire is the CEO of Murky Mining, Inc. Mike is not involved in the day-to-day operations of Murky Mining, Inc., and the company has incurred multiple violations under 33 U.S.C. § 1319. Could Mike Millionaire be charged or fined as an officer of the company? Would the fact that Mike Millionaire was not involved in the day-to-day operations of Murky Mining, Inc. be considered?

Sample Paper For Above instruction

The assigned readings for this week offer a comprehensive exploration of the nuances of business crimes, focusing on the elements that constitute criminal liability within a corporate context. Among the key concepts discussed, the distinction between mens rea and actus reus emerges as fundamental to understanding criminal liability. Mens rea, or the guilty mind, refers to the intention or knowledge of wrongdoing that constitutes part of a crime, while actus reus pertains to the physical act or unlawful omission involved. Reflecting on these concepts, it becomes evident that in corporate settings, mens rea can be more complex to establish compared to individual crimes, due to the layered decision-making processes and diffuse responsibility present in organizations.

A significant element of a business crime involves the identification of elements such as illegal conduct, intent, and the relationship between corporate policies and individual actions. For instance, violations of environmental statutes, such as those under 33 U.S.C. § 1319, often require an analysis of whether the company or individuals within it possessed the requisite mens rea. This leads to the crux of the discussion: how mens rea varies in a corporate crime versus an individual offense. Usually, corporations can be held liable if their conduct was undertaken within the scope of employment and with some degree of fault, often demonstrated through a “reckless disregard” standard, which is broader than the intent required in individual crimes.

In a case study such as that involving Mike Millionaire, the CEO of Murky Mining, Inc., legal questions arise regarding corporate liability. Despite his lack of involvement in daily operations, under the doctrine of corporate criminal liability, a corporation can be held responsible for violations committed by its agents or officers if those acts occurred within the scope of employment or authority. Legally, Mike can potentially be charged or fined as an officer, particularly if it is shown that he had some supervisory role or oversight related to the violations under 33 U.S.C. § 1319. The fact that he was not involved directly is less significant if the evidence indicates that he authorized, permitted, or failed to prevent the violations, thereby establishing personal or vicarious liability.

References

  • Schmalleger, F. (2019). Criminal Law Today (10th ed.). Pearson.
  • Hopkins, D. (2018). Business and Commercial Crime. Routledge.
  • Kaplow, L., & Shavell, S. (2002). Fairness versus Welfare. Harvard Law Review, 115(4), 1069–1138.
  • Kress, E. (2017). Corporate Crime and Liability. Journal of Criminal Law & Criminology, 107(2), 343–377.
  • United States Code, Title 33, § 1319. (Environmental Violations)
  • Sarbanes-Oxley Act of 2002.
  • Friedman, L. M. (2017). A History of American Law (3rd ed.). Simon & Schuster.
  • Kesner, K., & Konderla, K. (2019). Corporate Criminal Liability and Compliance. Journal of Business Ethics, 155(2), 415–430.
  • Criminal Law & Procedure, (2020). In N. N. (Ed.), Criminal Justice in Practice. Aspen Publishing.
  • Legal Ethics and Corporate Responsibility, (2018). In J. L. Smith (Ed.), Corporate Law and Ethics. Oxford University Press.

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