Chat with AIExam 6: Criminal Law
In response to the Federal Organizational Corporate Sentencing Guidelines, Starstream Corporation wants to formulate and implement a compliance program to prevent potential legal violations by its employees and the company itself. Identify eight factors to include in the program, and discuss the effect of having an adequate program.
(86) 
VerifiedAn adequate compliance program should include: standards and procedures to prevent and detect criminal conduct; responsibility at all levels and adequate resources and authority for the program; personnel screening related to program goals; training at all levels; auditing, monitoring, and evaluating program effectiveness; nonretaliatory internal reporting systems; incentives and discipline to promote compliance; and reasonable steps to respond to and prevent further similar offenses upon detection of a violation. If Starstream successfully adopts and implements an adequate compliance program, a corporate fine for a criminal offense can be reduced to as little as 5 percent of the scheduled fine.
In general, what are the elements of a crime? Discuss the following concepts of criminal law and how and why the general elements of criminal action are altered, extended, or eliminated. In addition, give examples corresponding to each concept of the type of conduct that could be a criminal act.
a. Objective fault
b. Vicarious liability
c. Corporate liability
(86) VerifiedIn general, a crime has two elements: the wrongful or overt act (actus reus) and the criminal intent (mens rea). The mental intent (mens rea) required for a crime is often subjective fault, which may be purposeful, knowing, or reckless. Some
a. crimes require objective fault and others require no fault at all. Objective fault involves gross deviation from the standard of care that a reasonable person would
observe under the circumstances. It involves careless or negligent behavior. Example: Carelessly driving a truck onto a sidewalk and causing injury to a pedestrian.
Vicarious liability is liability imposed upon one person for the acts of another. Employers are vicariously liable for the authorized criminal acts of their employees if the employer directed, participated in, or approved of the act. Example: An
b. employer directs his employee to consistently ignore OSHA regulations; this results in deaths of employees due to unsafe conditions. Employers may also be subject to criminal penalty for certain unauthorized acts of employees if the employees are acting in the scope of employment.
Public policy reasons exist for artificially extending criminal acts to corporations. Criminal intent for the corporation is presumed, or in some ways eliminated,
c. because of bad acts and statutory language. Corporations are so numerous and powerful that it is a societal necessity to control corporate behavior. Corporate
officials may be prosecuted and punished separately. Example: A corporate executive defrauds the public in order to increase the price of the company stock.
A felony is a more serious type of crime than a misdemeanor.
(92) VerifiedTrue
Describe the crime of false pretenses and name and define three crimes similar to false pretenses that were discussed in the textbook.
(72) The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.
(80) Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.
(75) Compare and contrast a criminal case with a civil case. Be sure to use the correct terminology.
(86) XYZ, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible sentences include:
(83) The privilege against self-incrimination extends to which of the following?
(75) Paul is working as an undercover drug agent. He enrolls in classes at State University where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and encourages the group to have some. All of them refuse, except Sam, who has never tried it before. When Sam lights up, Paul arrests him for possession of a controlled substance. Sam:
(79) Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets a chance to put the plan in action. In cleaning out his desk, Sue finds his plans. Mark is:
(83) The degrees of mental fault in criminal law include which of the following?
(79) Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.
(86) An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:
(64) 
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