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Criminal Law Assignment

 

1. Why is it necessary to require a "substantial step" before mere plans become a criminal attempt?

 

A Criminal attempt occurs when a person does a specific act or takes a substantial step towards performing any offence. Mere thinking of doing a crime does not describe it as a criminal act. It needs a specific step towards commission of the crime to prove an actual intent to commit a crime.

The Criminal attempt is a specific- intent crime having two essential elements-

  • Specific intent to commit criminal offence
  • Substantial step towards commission of intended offense.

Criminal attempt can be of two types complete but imperfect and incomplete.  Complete but imperfect criminal attempt refers to the situation when person perform all acts and deeds regarding crime but does not attain his criminal goal while on the other hand incomplete attempt refers to the situation where he is not able to perform what he thought.

Thus Substantial step is very important to prove a criminal attempt and mere planning does not state that a crime is occurred.

 

2. Why are courts hesitant to punish a person for "evil thoughts" alone?

Evil thoughts alone are not liable to punish as they do not prove any crime. It is impossible for anyone to understand what one person is thinking and to judge whether they are evil thoughts and prove them a crime merely on these thoughts. If “Evil Thoughts” are further performed thus involving a substantial step apart from mere planning then it will be liable for criminal proceeding.

Generally only actions are covered by laws and not the thoughts of any person.  Guilty minds are never ever stated as crimes till the time they are accompanied with guilty act.

For e.g. if a person thinks of murdering his neighbour does not prove it as crime and cannot be punished till the time he takes a substantial step in murdering his neighbour. Thus evil thoughts cannot be punished alone.

 

3. What is the difference between conspiracy and criminal solicitation?

 

Conspiracy means when multiple persons agreed upon an agreement to commit a crime and take steps towards the commission of crime or move the crime forward. On the other hand criminal solicitation refers to the situation where someone is hired to commit the crime. It encourages any individual to perform an act towards crime.

There is very thin line between conspiracy and Solicitation. Solicitation comes before the conspiracy. When u askssomeoneto commit a crime criminal solicitation is committed. Till the time person has not accepted your offer it is a solicitation but as soon as he said yes to your offer it is referred to conspiracy.

4. Why is easier for prosecutors to build a case when they are not required to establish whether the defendant is a principal in the first degree, a principal in the second degree, or an accomplice?

 

Principal in the first degree refers to the main person who is involved in the crime. Principal in thesecond degree refers to the person who assists or helps principle in the first degree in committing the crime and is presented at the time and place of crime. Accomplice is an active partner in crime but is not involved in actual crime offense.

It is easy for any prosecutor to build a case when they are not required to establish whether the defendant is a principal in the first degree, a principal in the second degree, or an accomplice because for each and every one the legal proceedings and criminal liability is different and when prosecutor does not need any differentiation in person crime it becomes easy for them to just prove it a criminal and its criminal liability.

 

5. When is a corporation liable for the acts of its officers?

 

Officers of any organisation generally are not personally liable for any act. They work on behalf of the company and act as representative of the companies. Therefore a corporation is solely liable for the acts of its officers. Corporation is not liable in the case where officer work outside the scope of his duty. Laws are made which govern corporations including the corporation’s liability for acts of its officers.

Some cases where corporation is liable for acts of its officers-

  • Civil liability- In this if officer is engaged in physical or financial damage to the third party then corporate is liable to pay money to the plaintiff but if this damage is done due to officer’s negligence or fraud then officer is personally liable for that.
  • Criminal Liability – In this corporate is liable for any criminal liability if its officer has offended the rules and has committed crime while performing duties of its corporation but it should be clearly proven out that crime took place while officer was at work and was performing its duty.

·Sarbanes-Oxley Act Violations – This act is formed to save the interest of all the shareholders, customers, suppliers, stakeholders and every person having interest in the affairs of the company.

It consist several procedures to ensure that the company issuing the reports are true and are not misleading that effect the investing decisions of its investors. Thus any violation of this act or its rules by officers of corporation leads to liability.

 

6. Under the statues of many states, a bar owner is criminally liable when an employee-bartender sells liquor to a juvenile. What if the bar owner instructs the bartender not to sell liquor to juveniles, but the bartender disregards those instructions and sells to juveniles anyway? Should the owner be held criminally liable? Why or why not?

If a bar servers liquor to a juvenile, bar owner, operator and employee all are liable to offence leading to imprisonment, fine or both. It can also lead to the cancellation of bar licence. Bar owner is liable for all activities performed by his employees in the course of their employment at the working place.These types of cases come under vicarious liability where one person is held liable for the act done by other and mainly is occurred in principle and agent relationship. In this it is a case of liability without fault but then also it is done by employee in the course of the employment therefor bar owner will held liable for the offence done by the employee to the extent of fine and possibly imprisonment.

 

 

7. Should vicarious criminal liability exist? What are the implications of holding a corporation liable for the actions of its employees? What about holding parents responsible for the actions of their children? Who benefits from such liability, and who can be harmed by it?

 

Vicarious criminal liability refers to the liability where one person is responsible for the negligence or offence occurred by the other person. For example when any agency relationship exists in that case principle is responsible for any offence by his agent in the period of employment.

Corporation is liable for the actions of his employees if offence is committed in the course of employment.Corporation is not liable in the case where officer work outside the scope of his duty. Employees are representative of any corporation and therefore are not personally liable for any offence under the scope of employment.

Ifemployee is engaged in physical or financial damage to the third party then corporate is liable to pay money to the plaintiff but if this damage is done due to officer’s negligence or fraud then officer is personally liable for that. If employee has offended the rules and has committed crime while performing duties of its corporation but it should be clearly proven out that crime took place while officer was at work and was performing its duty.

Parents are also held responsible for the act of their children to some extent. If any financial loss is done by the children it the duty of parents to fill that financial liability. It is duty and responsibility of the parents to look what their children are up to. If they are involving in some criminal activity or wrong deeds parents should take care to avoid involving in these activities. Parents are held responsible till the limit of civil liabilities and financial liabilities but not very much towards criminal liabilities involving imprisonment

It is not like that who benefit from it or harmed by it but it is merely a transfer of liabilities to other for the offences done by self thus we can say that many times it could be benefiting self and harming other.

 

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Criminal Law xxxxxxx Why is xxxxxxx necessary to xxxxxxx xxxxxxx "substantial xxxxxxx before mere xxxxxxx become a xxxxxxx attempt?

 

A xxxxxxx xxxxxxx occurs when xxxxxxx person does xxxxxxx specific act xxxxxxx takes a xxxxxxx step towards xxxxxxx any offence. xxxxxxx xxxxxxx of xxxxxxx a crime xxxxxxx not describe xxxxxxx as xxxxxxx xxxxxxx act. It xxxxxxx a specific xxxxxxx towards commission xxxxxxx the crime xxxxxxx prove an xxxxxxx intent to xxxxxxx xxxxxxx crime.

The xxxxxxx attempt is xxxxxxx specific- intent xxxxxxx having xxxxxxx xxxxxxx elements-

  • Specific intent xxxxxxx commit criminal xxxxxxx step towards xxxxxxx of intended xxxxxxx attempt can xxxxxxx of two xxxxxxx xxxxxxx but xxxxxxx and incomplete.  xxxxxxx but imperfect xxxxxxx attempt xxxxxxx xxxxxxx the situation xxxxxxx person perform xxxxxxx acts and xxxxxxx regarding crime xxxxxxx does not xxxxxxx his criminal xxxxxxx xxxxxxx on xxxxxxx other hand xxxxxxx attempt refers xxxxxxx the xxxxxxx xxxxxxx he is xxxxxxx able to xxxxxxx what he xxxxxxx Substantial step xxxxxxx very important xxxxxxx prove a xxxxxxx xxxxxxx and xxxxxxx planning does xxxxxxx state that xxxxxxx crime xxxxxxx xxxxxxx Why are xxxxxxx hesitant to xxxxxxx a person xxxxxxx "evil thoughts" xxxxxxx thoughts alone xxxxxxx not liable xxxxxxx xxxxxxx as xxxxxxx do not xxxxxxx any crime. xxxxxxx is xxxxxxx xxxxxxx anyone to xxxxxxx what one xxxxxxx is thinking xxxxxxx to judge xxxxxxx they are xxxxxxx thoughts and xxxxxxx xxxxxxx a xxxxxxx merely on xxxxxxx thoughts. If xxxxxxx Thoughts” xxxxxxx xxxxxxx performed thus xxxxxxx a substantial xxxxxxx apart from xxxxxxx planning then xxxxxxx will be xxxxxxx for criminal xxxxxxx xxxxxxx actions xxxxxxx covered by xxxxxxx and not xxxxxxx thoughts xxxxxxx xxxxxxx person.  Guilty xxxxxxx are never xxxxxxx stated as xxxxxxx till the xxxxxxx they are xxxxxxx with guilty xxxxxxx xxxxxxx if xxxxxxx person thinks xxxxxxx murdering his xxxxxxx does xxxxxxx xxxxxxx it as xxxxxxx and cannot xxxxxxx punished till xxxxxxx time he xxxxxxx a substantial xxxxxxx in murdering xxxxxxx xxxxxxx Thus xxxxxxx thoughts cannot xxxxxxx punished alone.

     

    3. xxxxxxx is xxxxxxx xxxxxxx between conspiracy xxxxxxx criminal solicitation?

     

    Conspiracy xxxxxxx when multiple xxxxxxx agreed upon xxxxxxx agreement to xxxxxxx a crime xxxxxxx xxxxxxx steps xxxxxxx the commission xxxxxxx crime or xxxxxxx the xxxxxxx xxxxxxx On the xxxxxxx hand criminal xxxxxxx refers to xxxxxxx situation where xxxxxxx is hired xxxxxxx commit the xxxxxxx xxxxxxx encourages xxxxxxx individual to xxxxxxx an act xxxxxxx crime.

    There xxxxxxx xxxxxxx thin line xxxxxxx conspiracy and xxxxxxx Solicitation comes xxxxxxx the conspiracy. xxxxxxx u askssomeoneto xxxxxxx a crime xxxxxxx xxxxxxx is xxxxxxx Till the xxxxxxx person has xxxxxxx accepted xxxxxxx xxxxxxx it is xxxxxxx solicitation but xxxxxxx soon as xxxxxxx said yes xxxxxxx your offer xxxxxxx is referred xxxxxxx xxxxxxx Why xxxxxxx easier for xxxxxxx to build xxxxxxx case xxxxxxx xxxxxxx are not xxxxxxx to establish xxxxxxx the defendant xxxxxxx a principal xxxxxxx the first xxxxxxx a principal xxxxxxx xxxxxxx second xxxxxxx or an xxxxxxx in the xxxxxxx degree xxxxxxx xxxxxxx the main xxxxxxx who is xxxxxxx in the xxxxxxx Principal in xxxxxxx degree refers xxxxxxx the person xxxxxxx xxxxxxx or xxxxxxx principle in xxxxxxx first degree xxxxxxx committing xxxxxxx xxxxxxx and is xxxxxxx at the xxxxxxx and place xxxxxxx crime. Accomplice xxxxxxx an active xxxxxxx in crime xxxxxxx xxxxxxx not xxxxxxx in actual xxxxxxx offense.

    It is xxxxxxx for xxxxxxx xxxxxxx to build xxxxxxx case when xxxxxxx are not xxxxxxx to establish xxxxxxx the defendant xxxxxxx a principal xxxxxxx xxxxxxx first xxxxxxx a principal xxxxxxx the second xxxxxxx or xxxxxxx xxxxxxx because for xxxxxxx and every xxxxxxx the legal xxxxxxx and criminal xxxxxxx is different xxxxxxx when prosecutor xxxxxxx xxxxxxx need xxxxxxx differentiation in xxxxxxx crime it xxxxxxx easy xxxxxxx xxxxxxx to just xxxxxxx it a xxxxxxx and its xxxxxxx liability.

     

    5. When xxxxxxx a corporation xxxxxxx for the xxxxxxx xxxxxxx its xxxxxxx of any xxxxxxx generally are xxxxxxx personally xxxxxxx xxxxxxx any act. xxxxxxx work on xxxxxxx of the xxxxxxx and act xxxxxxx representative of xxxxxxx companies. Therefore xxxxxxx xxxxxxx is xxxxxxx liable for xxxxxxx acts of xxxxxxx officers. xxxxxxx xxxxxxx not liable xxxxxxx the case xxxxxxx officer work xxxxxxx the scope xxxxxxx his duty. xxxxxxx are made xxxxxxx xxxxxxx corporations xxxxxxx the corporation’s xxxxxxx for acts xxxxxxx its xxxxxxx xxxxxxx where corporation xxxxxxx liable for xxxxxxx of its xxxxxxx liability- In xxxxxxx if officer xxxxxxx engaged in xxxxxxx xxxxxxx financial xxxxxxx to the xxxxxxx party then xxxxxxx is xxxxxxx xxxxxxx pay money xxxxxxx the plaintiff xxxxxxx if this xxxxxxx is done xxxxxxx to officer’s xxxxxxx or fraud xxxxxxx xxxxxxx is xxxxxxx liable for xxxxxxx Liability – xxxxxxx this xxxxxxx xxxxxxx liable for xxxxxxx criminal liability xxxxxxx its officer xxxxxxx offended the xxxxxxx and has xxxxxxx crime while xxxxxxx xxxxxxx of xxxxxxx corporation but xxxxxxx should be xxxxxxx proven xxxxxxx xxxxxxx crime took xxxxxxx while officer xxxxxxx at work xxxxxxx was performing xxxxxxx duty.

·Sarbanes-Oxley Act xxxxxxx – This xxxxxxx xxxxxxx formed xxxxxxx save the xxxxxxx of all xxxxxxx shareholders, xxxxxxx xxxxxxx stakeholders and xxxxxxx person having xxxxxxx in the xxxxxxx of the xxxxxxx consist several xxxxxxx to ensure xxxxxxx xxxxxxx company xxxxxxx the reports xxxxxxx true and xxxxxxx not xxxxxxx xxxxxxx effect the xxxxxxx decisions of xxxxxxx investors. Thus xxxxxxx violation of xxxxxxx act or xxxxxxx rules by xxxxxxx xxxxxxx corporation xxxxxxx to liability.

 

6. xxxxxxx the statues xxxxxxx many xxxxxxx xxxxxxx bar owner xxxxxxx criminally liable xxxxxxx an employee-bartender xxxxxxx liquor to xxxxxxx juvenile. What xxxxxxx the bar xxxxxxx xxxxxxx the xxxxxxx not to xxxxxxx liquor to xxxxxxx but xxxxxxx xxxxxxx disregards those xxxxxxx and sells xxxxxxx juveniles anyway? xxxxxxx the owner xxxxxxx held criminally xxxxxxx Why or xxxxxxx xxxxxxx a xxxxxxx servers liquor xxxxxxx a juvenile, xxxxxxx owner, xxxxxxx xxxxxxx employee all xxxxxxx liable to xxxxxxx leading to xxxxxxx fine or xxxxxxx It can xxxxxxx lead to xxxxxxx xxxxxxx of xxxxxxx licence. Bar xxxxxxx is liable xxxxxxx all xxxxxxx xxxxxxx by his xxxxxxx in the xxxxxxx of their xxxxxxx at the xxxxxxx place.These types xxxxxxx cases come xxxxxxx xxxxxxx liability xxxxxxx one person xxxxxxx held liable xxxxxxx the xxxxxxx xxxxxxx by other xxxxxxx mainly is xxxxxxx in principle xxxxxxx agent relationship. xxxxxxx this it xxxxxxx a case xxxxxxx xxxxxxx without xxxxxxx but then xxxxxxx it is xxxxxxx by xxxxxxx xxxxxxx the course xxxxxxx the employment xxxxxxx bar owner xxxxxxx held liable xxxxxxx the offence xxxxxxx by the xxxxxxx xxxxxxx the xxxxxxx of fine xxxxxxx possibly imprisonment.

 

 

 

Vicarious criminal xxxxxxx refers to xxxxxxx liability where xxxxxxx xxxxxxx is xxxxxxx for the xxxxxxx or offence xxxxxxx by xxxxxxx xxxxxxx person. For xxxxxxx when any xxxxxxx relationship exists xxxxxxx that case xxxxxxx is responsible xxxxxxx any offence xxxxxxx xxxxxxx agent xxxxxxx the period xxxxxxx employment.

Corporation is xxxxxxx for xxxxxxx xxxxxxx of his xxxxxxx if offence xxxxxxx committed in xxxxxxx course of xxxxxxx is not xxxxxxx in the xxxxxxx xxxxxxx officer xxxxxxx outside the xxxxxxx of his xxxxxxx Employees xxxxxxx xxxxxxx of any xxxxxxx and therefore xxxxxxx not personally xxxxxxx for any xxxxxxx under the xxxxxxx of employment.

Ifemployee xxxxxxx xxxxxxx in xxxxxxx or financial xxxxxxx to the xxxxxxx party xxxxxxx xxxxxxx is liable xxxxxxx pay money xxxxxxx the plaintiff xxxxxxx if this xxxxxxx is done xxxxxxx to officer’s xxxxxxx xxxxxxx fraud xxxxxxx officer is xxxxxxx liable for xxxxxxx If xxxxxxx xxxxxxx offended the xxxxxxx and has xxxxxxx crime while xxxxxxx duties of xxxxxxx corporation but xxxxxxx should be xxxxxxx xxxxxxx out xxxxxxx crime took xxxxxxx while officer xxxxxxx at xxxxxxx xxxxxxx was performing xxxxxxx duty.

Parents are xxxxxxx held responsible xxxxxxx the act xxxxxxx their children xxxxxxx some extent. xxxxxxx xxxxxxx financial xxxxxxx is done xxxxxxx the children xxxxxxx the xxxxxxx xxxxxxx parents to xxxxxxx that financial xxxxxxx It is xxxxxxx and responsibility xxxxxxx the parents xxxxxxx look what xxxxxxx xxxxxxx are xxxxxxx to. If xxxxxxx are involving xxxxxxx some xxxxxxx xxxxxxx or wrong xxxxxxx parents should xxxxxxx care to xxxxxxx involving in xxxxxxx activities. Parents xxxxxxx held responsible xxxxxxx xxxxxxx limit xxxxxxx civil liabilities xxxxxxx financial liabilities xxxxxxx not xxxxxxx xxxxxxx towards criminal xxxxxxx involving imprisonment

It xxxxxxx not like xxxxxxx who benefit xxxxxxx it or xxxxxxx by it xxxxxxx xxxxxxx is xxxxxxx a transfer xxxxxxx liabilities to xxxxxxx for xxxxxxx xxxxxxx done by xxxxxxx thus we xxxxxxx say that xxxxxxx times it xxxxxxx be benefiting xxxxxxx and harming xxxxxxx

 
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