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Revisiting the Question of Imputation in Corporate Criminal Law

Revisiting the Question of Imputation in Corporate Criminal Law PDF Author: Constantine N. Nana
Publisher: Cambridge Scholars Publishing
ISBN: 1443820075
Category : Law
Languages : en
Pages : 365

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Book Description
It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.

Revisiting the Question of Imputation in Corporate Criminal Law

Revisiting the Question of Imputation in Corporate Criminal Law PDF Author: Constantine N. Nana
Publisher: Cambridge Scholars Publishing
ISBN: 1443820075
Category : Law
Languages : en
Pages : 365

View

Book Description
It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.

Practice Under the Federal Sentencing Guidelines

Practice Under the Federal Sentencing Guidelines PDF Author: Debold
Publisher: Wolters Kluwer
ISBN: 0735598983
Category :
Languages : en
Pages :

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Federal White Collar Crime

Federal White Collar Crime PDF Author: Julie R. O'Sullivan
Publisher: West Academic
ISBN:
Category : Law
Languages : en
Pages : 1188

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Book Description
This law school casebook addresses substantive and procedural areas of importance in white-collar criminal practice. The book covers a variety of substantive crimes, including perjury, false statements, false claims, obstruction of justice, mail and wire fraud, public corruption, insider trading, conspiracy, Racketeer Influenced and Corrupt Organizations (RICO) Act, and money laundering. It then tackles procedural issues critical to white-collar practice such as grand jury, discovery, the Fifth Amendment right against self-incrimination as applied to testimony and physical evidence, the attorney-client privilege, representation issues, plea bargaining and cooperation agreements, and parallel proceedings. The materials emphasize ethical issues facing criminal law practitioners. This revision covers the updated corporate charging policy, the Stein decision, and other areas (honest services fraud, RICO, etc.) that have seen a great deal of litigation in the last 2 years.

Crimes, Harms, and Wrongs

Crimes, Harms, and Wrongs PDF Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1847316573
Category : Law
Languages : en
Pages : 258

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Book Description
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Criminally Ignorant

Criminally Ignorant PDF Author: Dr. Alexander Sarch
Publisher: Oxford University Press
ISBN: 0190056592
Category : Law
Languages : en
Pages : 288

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Book Description
This is a book about the legal fiction that sometimes we know what we don't. The willful ignorance doctrine says defendants who bury their heads in the sand rather than learn they're doing something criminal are punished as if they knew. Not all legal fictions are unjustified, however. This one, used within proper limits, is a defensible way to promote the aims of the criminal law. Preserving your ignorance can make you as culpable as if you knew what you were doing, and so the interests and values protected by the criminal law can be promoted by treating you as if you had knowledge. This book provides a careful defense of this method of imputing mental states based on equal culpability. On the one hand, the theory developed here shows why the willful ignorance doctrine is only partly justified and requires reform. On the other hand, it demonstrates that the criminal law needs more legal fictions of this kind. Repeated indifference to the truth may substitute for knowledge, and very culpable failures to recognize risks can support treating you as if you took those risks consciously. Moreover, equal culpability imputation should also be applied to corporations, not just individuals. Still, such imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for reform.

Criminalising Remote Harm and the Case of Anti-Democratic Activity

Criminalising Remote Harm and the Case of Anti-Democratic Activity PDF Author: Shlomit Wallerstein
Publisher:
ISBN:
Category :
Languages : en
Pages : 39

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Book Description
The quot;war on terrorquot; declared by leaders of many western countries has been the basis for the introduction of new substantive, as well as procedural, criminal laws. The underlying assumption is that security is an overriding justification silencing all other concerns; The state has a duty to protect its citizens and this duty grants the state permission to use whatever means it finds necessary to attain this protection. Concentrating on substantive criminal law, this paper explores the extent to which this assumption is based on, and consistent with, the general principles that govern state coercion. In practice, the main difficulties arising in relation to the creation of such new criminal offences are concerned with the problem of remote harm. The discussion will focus on the harm principle which defines the main margins of criminal law, and two supporting principles: the minimalist principle and the principle of imputation. I will explore their response to the problem of remote harm, revisiting some of the classic concepts such as the classic definition of the minimalist principle and the quot;clear and present dangerquot; test. The move towards remote harms also means that special attention has to be given to the motivation of the offenders. Distinct motivations may result in different types of threats. The anti-democratic ideology is among the most severe threats. Nevertheless, I argue that the principles discussed place strict limitations on the use of power by the state, and that not all measures that may be found necessary for a sufficient and comprehensive protection against anti-democratic threats can be justified by them.

The International Conference Education and Creativity for a Knowledge based Society – Law, 2012

The International Conference Education and Creativity for a Knowledge based Society – Law, 2012 PDF Author:
Publisher: Brindusa Covaci
ISBN: 9783950314533
Category :
Languages : en
Pages :

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Complicity and its Limits in the Law of International Responsibility

Complicity and its Limits in the Law of International Responsibility PDF Author: Vladyslav Lanovoy
Publisher: Bloomsbury Publishing
ISBN: 1782259376
Category : Law
Languages : en
Pages : 440

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Book Description
This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

Machine Learning Risk Assessments in Criminal Justice Settings

Machine Learning Risk Assessments in Criminal Justice Settings PDF Author: Richard Berk
Publisher: Springer
ISBN: 3030022722
Category : Computers
Languages : en
Pages : 178

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Book Description
This book puts in one place and in accessible form Richard Berk’s most recent work on forecasts of re-offending by individuals already in criminal justice custody. Using machine learning statistical procedures trained on very large datasets, an explicit introduction of the relative costs of forecasting errors as the forecasts are constructed, and an emphasis on maximizing forecasting accuracy, the author shows how his decades of research on the topic improves forecasts of risk. Criminal justice risk forecasts anticipate the future behavior of specified individuals, rather than “predictive policing” for locations in time and space, which is a very different enterprise that uses different data different data analysis tools. The audience for this book includes graduate students and researchers in the social sciences, and data analysts in criminal justice agencies. Formal mathematics is used only as necessary or in concert with more intuitive explanations.

The Encyclopedia of Research Methods in Criminology and Criminal Justice, 2 Volume Set

The Encyclopedia of Research Methods in Criminology and Criminal Justice, 2 Volume Set PDF Author: J.C. Barnes
Publisher: John Wiley & Sons
ISBN: 1119110726
Category : Social Science
Languages : en
Pages : 960

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Book Description
The Encyclopedia of RESEARCH METHODS IN CRIMINOLOGY & CRIMINAL JUSTICE The most comprehensive reference work on research designs and methods in criminology and criminal justice This Encyclopedia of Research Methods in Criminology and Criminal Justice offers a comprehensive survey of research methodologies and statistical techniques that are popular in criminology and criminal justice systems across the globe. With contributions from leading scholars and practitioners in the field, it offers a clear insight into the techniques that are currently in use to answer the pressing questions in criminology and criminal justice. The Encyclopedia contains essential information from a diverse pool of authors about research designs grounded in both qualitative and quantitative approaches. It includes information on popular datasets and leading resources of government statistics. In addition, the contributors cover a wide range of topics such as: the most current research on the link between guns and crime, rational choice theory, and the use of technology like geospatial mapping as a crime reduction tool. This invaluable reference work: Offers a comprehensive survey of international research designs, methods, and statistical techniques Includes contributions from leading figures in the field Contains data on criminology and criminal justice from Cambridge to Chicago Presents information on capital punishment, domestic violence, crime science, and much more Helps us to better understand, explain, and prevent crime Written for undergraduate students, graduate students, and researchers, The Encyclopedia of Research Methods in Criminology and Criminal Justice is the first reference work of its kind to offer a comprehensive review of this important topic.