Can Corporations Be Charged With A Crime? World Com & Reliant Energy Services

2398 words - 10 pages

When one thinks of crime, it is usually with individuals in mind. However, companies commit crimes as well. Black's Law Dictionary Abridged Eighth Edition defines "crime" as:Crime - "an act that the law makes punishable; the breach of a legal duty treated as the subject matter of a criminal proceeding" (Garner, 2005).Crimes fall into different categories, called the classifications of crimes. Crimes are classified as felonies, misdemeanors, and infractions. There are federal statutes and state statutes in which the crime classifications fall under, and the state statutes, although may be similar from one state to one another, are not universal across the board. Further, felonies and misdemeanors are divided into degrees of severity, for example Class A Felony, Class B Felony, Class C Felony, Class A Misdemeanor, Class B Misdemeanor etc…, for the purpose of determining the sentencing that will be imposed upon conviction.I will not be discussing infractions in this paper, so there is no need to define it; however, Black's Law Dictionary defines felony and misdemeanor as:Felony - "a serious crime usu. punishable by imprisonment for more than one year or by death."Misdemeanor - "a crime that is less serious than a felony and is usu. punishable by fine, penalty, forfeiture, or confinement (usu. for a brief term) in a place other than prison (such as a county jail)" (Garner, 2005). Where this definition says confinement for a brief term, it means less than one year.A corporation is not capable of acting for itself, nor, if and when criminal acts are committed can the corporation be jailed (Cheeseman, 2005). However, according to the Deputy Attorney General, Paul J. McNulty, of the United States Department of Justice in his 2006 Memorandum titled "Principles of Federal Prosecution of Business Organizations" a corporation can be charged with and convicted of a crime separate from its employees because corporations are in fact considered "legal persons". It is under the respondeat superior doctrine that the corporation becomes liable for the commission of crimes that are committed by its employees, directors, officers, or agents (McNulty, 2006).There are certain conditions that must be met in order for the federal government to prosecute a corporation aside from its employees, which include, the prosecution must be able to establish that the actions carried out were within the scope of the employee's duties, and that those actions were intended to benefit the corporation. McNulty further goes on to discuss that even if the employee's illegal actions were for mere self-benefit, the corporation can still be held liable if even one motive of the employee includes benefiting the corporation in order to gain that self-benefit. Even more important, McNulty points out that a corporation can be held liable for its employees illegal acts whether the corporation profits from such illegal acts or not. All that matters is "intent" (or "criminal intent" if you...

Find Another Essay On Can Corporations Be Charged With A Crime? WorldCom & Reliant Energy Services

Can Crime Control be Justified? Essay

1341 words - 5 pages out of every eight people are minorities.Overall, in my opinion, the emphasis on street level crime can be justified. Everything relates to something else. This world goes in giant cycles. Overtime, we have seen that minorities, the poor, and those with a lower socioeconomic status commit more crime. They have a need to succeed. There is also a problem with police presence proportionality. Police patrol poorer areas, because it is said that poorer

Fuel Cells: Can a 19th Century Discovery be the Solution for the 21st Century Energy Problem?

1624 words - 6 pages . After casting aside the cumbersome solar power and risky nuclear energy, NASA turned to fuel cells. “NASA eventually funded more than 200 research contracts into all aspects of fuel cells” (Natural). As a result of NASA’s research and success with fuel cells providing reliable source of electricity to the Apollo and space shuttle missions, led to the predictions that fuel cells would be the panacea to the world’ energy

Loving Someone So Much Can Become a Crime: "My Life with Bonnie and Clyde"

546 words - 2 pages interviews by John Neal Phillips. The theme of the book would be “Loving someone so much can become a crime”. I think this is the theme because Blanche followed her husband, Buck Barrow, into a criminal life. She loved him so much that she ended in jail for six years. The story starts out in West Dallas, Texas; then it goes onto Minnesota, Florida, Georgia, Missouri, Indiana, Arkansas, Iowa, Illinois and several other states. The time is from 1933 to

Dallas Shoppers Will Be Charged a Nickel for Each Disposable Bag by Robert Wilonsky

1178 words - 5 pages being wasted in the environment. The opponents have a solution and, “argue that, to decrease litter and conserve valuable resources and energy, policymakers should focus instead on promoting plastic bag recycling, rather than taxing consumers. They argue that plastic bags are popular with consumers and can be recycled into pipes, storage containers, flower pots and other products” (Bagging Plastic). More promotion of recycling is a good idea but

can be a place?

532 words - 2 pages CAN BE PLACE?The place that I want to tell you has been neglected for almost of your entire life. Can it be a place? You may think no but I tentatively say yes. It is everywhere. It is at the end border of the world, surrounded by human and his consciousness. Its territories are perfectly rounded, huge or even stagnant like a thousand years immutable wall well. Despite the high thin-hole barrier, the territories are somehow are unbreakable and

Should Cyberbullying Be A Crime?

1588 words - 7 pages become a tool for many different things, but unfortunately many individuals have chosen it to anonymously bullying other individuals. Cyberbullying is something one can never escape, due to that it can happen twenty four hours a day, seven days a week. Anything can be posted anonymously and can become wide-spread within minutes. The U.S Department of Health and Human Services states, “Kids who are cyber bullied are more likely to use alcohol

How can the corporations law in australia be changed to prevent another HIH collapse?

3375 words - 14 pages . The reasoning behind the recommendation is that APRA has been constructed in a way that has a governance board rather than an advisory one. At the moment the CEO is reporting to both the board of directors and the treasurer who has appointed him/her. This is perceived as disturbing the lines of communication. With a small board that can report directly to Government, communication will be easier, and thus recommendations are better served.In a

Can a person with average charisma or personality be a superior leader?

633 words - 3 pages Can a person with average charisma or personality be a superior leader? Support your position and if applicable, provide an example.My answer is No. A personal trait alone is not a factor for superior leadership. Ralph Stogdill argued that, "traits of an effective leader can only be assessed in conjunction with other factors, such as the nature of followers and the characteristics of the situation" (Wren, J.T. 1995, p. 125). Furthermore

How Alternative Sources of Energy Can Be Harnessed Effectively

1011 words - 4 pages oil, dull biscuits and pig digestive system to generate power. Compared with natural gas, which is injected from deep subterranean, biogas can be made from a different variety of components. This article will focus on how to utilize its sources successfully. Plant, human and creature spend can convert into biogas through the scientific process. The gas which is created is burnt off to create heat and power or is enhanced as a energy for

Driving with Cell Phones Can Be Deadly

791 words - 3 pages Have you ever been walking down the road and you see this car just zoom by all the while fishtailing down the road? Nine chances out of ten that person is on a cell phone right? What they don’t realize is that the cops may think that they are drunk. In some cases though being drunk would be a lot better then this. I am here to prove today that driving with cell phones can be deadly. Let’s go back to that scene in the introduction shall we? When

Fear Can Be a Pain

1615 words - 7 pages , separation, and ego- death.”(Albrecht par. 7-11). In the book Follow the River, a foreign woman named Ghetel can be considered a monster. She brings the fears of mutilation and extinction. Ghetel and Mary were out in the woods for months with a scarce amount of food. By the end, they had no food and could only eat the roots and nuts they found along the way. When the temperature dropped there was no food to be found. Ghetel was already a woman

Similar Essays

Celebrities Should And Do Receive The Same Treatment When Charged With A Crime

1691 words - 7 pages treatment celebrity receive when charged with a crime. While others may disagree, I argue that celebrities receive preferential treatment when charged with a crime.Recently, the media has displayed coverage and stories of young celebrities getting into trouble with the law. Paris Hilton, Lindsey Lohan, Lil Wayne, Clifford Joseph Harris (T.I.) and Khole Kardashian have all faced court and jail time as the result of their reckless behavior. These criminal

Celebrities Should And Do Receive The Same Treatment When Charged With A Crime

1691 words - 7 pages treatment celebrity receive when charged with a crime. While others may disagree, I argue that celebrities receive preferential treatment when charged with a crime.Recently, the media has displayed coverage and stories of young celebrities getting into trouble with the law. Paris Hilton, Lindsey Lohan, Lil Wayne, Clifford Joseph Harris (T.I.) and Khole Kardashian have all faced court and jail time as the result of their reckless behavior. These criminal

The Novel, Looking For Alibrandi Is Charged With Emotional Energy

703 words - 3 pages LOOKING FOR ALIBRANDIThe novel, Looking for Alibrandi is charged with emotional energy. Firstly, this book is written as both a social and cultural analysis of a teenage girl's life. Secondly, Josephine Alibrandi is a third generation Italian Australian caught in a claustrophobic family tradition who acknowledges the family spirit, insists that she can free herself, even though she sees herself trapped by oppressive class stereotyping.Firstly

Can Crime Be Measured In A Reliable And Valid Way?

1919 words - 8 pages Can `crime' be measured in a valid and reliable way? Critically discuss with reference to the available academic literature Security and Risk Management MSc. March 2010 Can `crime' be measured in a valid and reliable way? Critically discuss with reference to the available academic literature MARK JOHN CARSON - 099026224 3/15/2010