Essays on Criminal Liability

Corporate criminal liability refers to the degree at which a corporate organization may become responsible the impact of their employee activities. The extent of liability may be categorized as a strict corporate liability or vicarious corporate liability. Strict corporate liability is a compulsory criminal responsibility when the actions of an employee result in injury, damage or death, even when the employee did not have criminal intentions. Ideally, corporates take strict liability to forbid the criminal activity from taking place (Lipman 359). For example, a corporate restaurant may be prosecuted for serving customers with expired foodstuffs. While the act of ...

Question and Answer- Criminal Justice

Question and Answer- Criminal Justice Q. 1 The main similarity between mens rea and actus reus regarding their roles is that both elements are ways through the criminal law ensures that only guilty actions or conduct and minds or intention can secure the safe legal conviction of accused persons. Moreover, they both play the role of making the role of the prosecution and defense easier when proving the commission of a crime. The difference is that while mens rea plays the role of helping the court know the accused’s intent at the material time, actus reus plays the ...

Insanity Defense Paper

Insanity Defense Paper

A person is not responsible for criminal act if such behavior was a result of mental disease or defect and if the defendant did not have any significant opportunity to assess the unlawfulness of his conduct or to subordinate his behavior requirements of the law. Stu Dents cannot be not subject to criminal liability due to the fact that at the time of committing a socially dangerous act, he was insane, that is, could not be aware of his actions or control them due to chronic mental illness, disturbances of mental activity. During the arrest Stu ...

Discussion

Facts: Neil was a student in Medicine, who had serious shoe fetish, finding brown men’s shoes extremely exciting. One of his course mates, Thomas, bought designers loafers in Neil’s favorite brown color, and Neil was strongly attracted to them. Neil began to follow Thomas everywhere, wearing his new brown shoes in the university, taking photos of him, and often Neil made Thomas presents as brown shoe polish cream, new laces, or leaving pictures of him in his student pigeon-hole. As a result, Thomas became ill because of stress just before his exams and asked the doctor to ...

Issue

In examining the criminal liability of the four persons about the death of Betty, several issues should be focused on approval or disapproval of any liability. In the case of Naveed, there is a need to prove whether he committed an actus reus in his threatening Betty. In the case of Peter, we need to establish under which circumstances and criminal law he might have been the causal link in the shooting, injury and eventual death of Betty. Also, there is a need to prove whether there was any state of mind with criminal liability and intent to cause ...

The research context:

History of tort law Tort law originated a century ago when Oliver Wendell Junior examined the history of negligence in the legal system, which later resulted in the theory of tort. He concluded in his study that the duty to exercise care in England was faulty. He noted that most plaintiffs suffered overwhelmingly when another party or entity caused a significant level of damage to them. Similarly, Morton J. Horwitz reexamines the history of negligence and found out that many jurisdictions did not understand negligence as carelessness or fault (Kaczorowski). Since its discovery, many nations such as the USA, ...

Introduction

Organizations have their regulations which they use to control the conducts of employees. Additionally, governments have policies that establish the legal frameworks within which organizations should operate. In the face of the law, different organizations have different treatments. Some organizations are treated as separate entities where employers do not bear any legal responsibility for the organization and its employees. However, some principles like the Respondeat Superior provide that employers are answerable to the actions of their employees which violate the legalities of the establishment of the organization (Thornton, 2010). Under this doctrine as reinforced by the US Supreme Court ...

Introduction

Organizations have their regulations which they use to control the conducts of employees. Additionally, governments have policies that establish the legal frameworks within which organizations should operate. In the face of the law, different organizations have different treatments. Some organizations are treated as separate entities where employers do not bear any legal responsibility for the organization and its employees. However, some principles like the Respondeat Superior provide that employers are answerable to the actions of their employees which violate the legalities of the establishment of the organization (Thornton, 2010). Under this doctrine as reinforced by the US Supreme Court ...

Abstract

This paper puts the legal and ethical issues of physician-assisted suicide in the context of the larger debate on privacy and the right to die, which can be divided into three constituent parts: (1) a patient’s constitutionally protected right to privacy in all matters involving end-of-life treatment decisions. So long as a patient has the mental capacity to make informed consent, the government does not have a legitimate interest to override end-of-life decisions. Critical to the analysis of a patient’s refusal of life-sustaining treatment is the burden of the state to prove a patient did not have ...

Ethical problem

Stacy (2012) reviewed a case study of an irreversible case of pneumococcal pneumonia who had become mechanical ventilator support dependent. The male patient had decided to be removed from the ventilator and allowed to die with full knowledge of his irreversible condition and the eventual death that will come upon him after all life-maintaining support were removed. Although the family did not agree on the removal of the life-support treatment, they acceded to the wish of their father and approved the gradual removal of the ventilator referred to as terminal weaning. This case, unlike most controversial cases that leads ...