Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Hello, Could you please help me solve the following question. I attached screen shot of the court case in question. One case all of you

Hello,

Could you please help me solve the following question.

I attached screen shot of the court case in question.

One case all of you should find alarming is the US v. Park case, where a corporate manager faced criminal liability for arguably not doing fulfilling all of his job responsibilities, something all of us have done or will do at some point in our professional careers.

image text in transcribed
so great as to warrant the imposition of the highest standard of care on distributors.\" In order to make "distributors of food the strictest censors of their merchandise,\" the Act punishes \"neglect where the law requires ca re, and inaction where it imposes a duty.\" \"The accused, if he does not will the violation, usually is in a position to prevent it with no more care than society might reasonably expect and no more exertion than it might reasonably extract from one who assumed his responsibilities.\" Thus, Dotterweich and the cases which have followed reveal that in providing sanctions which reach and touch the individuals who execute the corporate mission and this is by no means necessarily confined to a single corporate agent or employeethe Act imposes not only a positive duty to seek out and remedy violations when they occur but also, and primarily, a duty to implement measures that will ensure that violations will not occur. The requirements of foresight and vigilance imposed on responsible corporate agents are beyond question demanding, and perhaps onerous, but they are not more stringent than the public has a right to expect of those who voluntarily assume positions of authority in business enterprises whose services and products affect the health and well-being of the public that supports them. The Act does not, as we observed in Dotterweich, make criminal liability turn on "awareness of some wrongdoing\" or "conscious fraud.\" The duty imposed by Congress on responsible corporate agents is, we emphasize, one that requires the highest standard of foresight and vigilance, but the Act, in its criminal aspect, does not require that which is objectively impossible

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Microbiology A Systems Approach

Authors: Marjorie Kelly Cowan

5th Edition

1259947963, 9781259947964

More Books

Students also viewed these Economics questions

Question

1. Information that is currently accessible (recognition).

Answered: 1 week ago