Académique Documents
Professionnel Documents
Culture Documents
Traditional Doctrines
Individual Actus Reus Individuals obviously liable for their own acts
Conspiracy (18 U.S.C. 371)
¡ Agreement to commit some further offense plus a step by one
CORPORATE CRIMES
party in furtherance
UNIVERSITY OF IOWA, COLLEGE OF LAW Aiding and Abetting (18 U.S.C. 2(a))
¡ Punishable for acts of others if defendant “aids, abets,
counsels, commands, induces or procures” an offense; must
have “shared in the intent to commit the offense and
3 participated in some manner to assist in its commission”
¡ Punishable if “willfully cause an act to be done which if
performed by him or another would be an offense”
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Provides a way to bring actus reus and mens rea Facts: D is president and GM of pharma company
together in a single person when they’re split across which bought adulterated drugs from a
different manufacturer and shipped them under its own label;
One who has control over activities that lead to a no evidence D knew about the shipments; company
subordinate’s violation of a statute may incur did get a guarantee form manufacturer, which would
liability for failure to the duty, commensurate with have immunized it from liability
his position of authority in the corporate hierarchy, Law: misdemeanor for “any person” to ship
to prevent and correct such violations misbranded drugs
ONLY can attribute actus reus; officer must still have
relevant mens rea
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12/17/19
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What steps should Park have taken? Law penalizes “Any person who knowingly
¡ “Implement measures that will insure that violations will not transports or causes to be transported any hazardous
occur” waste to a facility that does not have a permit.” Jury
instructions say that the government must prove that
the defendant had responsibility for the activities
alleged. Are these sufficient?
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Interpretive Principles for men rea “Willfully” and ignorance of law: apply usual PWD
¡ Presumption against strict liability, ignorance of law is no factors plus whether conduct is immoral
excuse, rule of lenity
Good faith reliance defense to fraudulent intent
Public Welfare Doctrine: When no mens rea is ¡ D sought advice before action, in good faith from an attorney
specified or the mens rea is ambiguous, courts will he considered competent, future conduct, full and accurate
generally require a lower mens rea when dangerous disclosure, acted strictly in accordance with advice
devices or obnoxious wastes are involved Willful blindness: subjective belief in high
¡ Factors: severity of penalty, dangerousness of conduct, probability and affirmative step
possibility of public harm, obviousness that conduct is
regulated, risk of criminalizing innocent conduct
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