A look at the phenomenon of the criminal prosecution of managers as a weapon against corporate crime.
Essay # 50019 |
1,102 words (
approx. 4.4 pages ) |
3 sources |
MLA | 2004
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$ 23.95
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Abstract
Using the case of Enron as a backdrop, this paper asks and answers several questions relating to the prosecution of management in corporate crime. The questions involve which laws are broken in the current cases at issue; whether prosecution should include accounting firms and the CFO, how much authority managers have in accounting activities, whether managers should be prosecuted if they had no role in the crime, whether prosecution is becoming a deterrent,and whether corporations are exempt from criminal prosecution?
From the Paper
"Recently, a number of headline-grabbing cases, such as the accounting fraud that existed at the Enron Corporation, have highlighted the role of management at various corporations and in the financial industry, in the commission of corporate crime. The role of accountants and the major corporate accounting firms, as well as the chief financial advisors of corporations and the management personnel whom may or may not be aware of illegal accounting activities, are now under strict scrutiny by the SEC."
Tags:enron, cfo, accounting, deterrent, corporation, crime, authority
Examines the relationship between athletes and criminal behavior.
Research Paper # 39371 |
3,400 words (
approx. 13.6 pages ) |
12 sources |
2002
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$ 57.95
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Abstract
This paper identifies the fact that college and professional athletes are disproportionately involved in criminal activity, particularly off the field. It searches for explanations in the socialization and status of elite athletes in contemporary American society.
A review of the criminal investigation of a murder which took place in 1996 in the United States.
Analytical Essay # 28257 |
1,215 words (
approx. 4.9 pages ) |
2 sources |
MLA | 2002
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$ 24.95
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Abstract
This paper reviews the famous criminal investigation of the murder of a 6 year old girl in America, on Christmas Eve, 1996. The writer uses the book by Steve Thomas called "JonBenet: Inside the Murder Investigation" which provides an in-depth look at the murder and the investigation. The incident became a national obsession, featured day after day on network news, television tabloid programs, talk radio, newspapers and magazines.
Contents:
Introduction
Facts of the Case
Prosecution Evidence
Defense Evidence
Conclusion
From the Paper
"The book gives a thorough account of the murder and investigation. Thomas develops the argument from the outset and presents it clearly in the book with examples of the effective techniques of the investigation and how to approach a complex case like JonBenet's. According to him investigations must be carried out before evidence are mishandled or removed as in the case of JonBenet. A delay in investigation often tends to mislead investigative directions, creates difficulty in gathering evidence and creates a loss in the credibility of the testimonies. For example in the JonBenet case, the lack of cooperation on part of John and Patsy Ramsey, the parents of the murdered child compounded the difficulties. The police began treating the parents as the primary suspects."
Tags:prosecution, defense, crime, lawyer, police, law, court, jail, jonbenet
A discussion of the laws and statutes of corporate criminal liability and how managers and executives can minimize their risks.
Essay # 9975 |
1,997 words (
approx. 8 pages ) |
10 sources |
MLA | 2002
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$ 38.95
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Abstract
This paper analyzes and examines the various issues related to corporate criminal liability. Executives and managers may be criminally prosecuted as individuals for the actions of their businesses, even if they neither knew about nor had any role in the crime. Thus, executives and managers may be sentenced to jail time simply for company violations that occurred on their watch. This paper discusses some of the applicable case law and statutes with examples from real life cases and then outlines how executives and managers may avoid or minimize their risk of criminal liability. It concludes with recommendations for improving corporate ethics.
From the Paper
"Criminal prosecution of executives and managers for the actions of their businesses sharply increased during the 1960s and again in the 1980s after the junk bond and Savings and Loan scandals erupted. Various factors contributed to the rise in criminal prosecution of executives and managers for the actions of corporations. First, prosecutors became much more willing to take action against individual managers for criminal offenses by their businesses. Second, both Congress and the states incorporated criminal penalties for responsible individuals into an increasing number of regulatory statutes. Third, courts became more willing to interpret these statutes as public welfare legislation and to hold businesses and their executives and managers strictly liable for the consequences of a violation."
Tags:scandals, criminal, ethics, scandals, prosecution
A look at the many factors and influences that shape and mold our criminal justice organizations.
Analytical Essay # 145075 |
2,326 words (
approx. 9.3 pages ) |
5 sources |
APA | 2010
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$ 42.95
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Abstract
In this article, the writer maintains that the criminal justice system is very much like the human body in that it is a unit comprised of many complex internal systems that are greatly impacted and affected by both internal workings and external environments. The writer explains that the structuring and functioning of organizations within the criminal justice system must be understood as fluid and as interactive. A constant and powerful relationship exists between the many varied environmental factors and the internal conditions of each organization. The writer concludes that any attempts to mediate successful rendering of the design and implementation of strategies to accomplish the goals of both the parts of the system and the whole of the system must acknowledge this in order to be effective.
From the Paper
"The criminal justice system is comprised of many diverse, complex organizations that range greatly in size, purpose, resources, structure, scope, and measures of accountability. The specific attributes of each organization is mediated and developed by the force of both internal and external factors and influences. Among the factors influencing the organizational structure of agencies within the criminal justice system are the size and culture of the community the agency operates in, laws, lawsuits, unions, budgets, terrorism, access to technology and training, the effectiveness of leadership, the public's perception of the agency, the internal cohesion of the organization, and access to legitimate means to accomplish stated goals. This is by no means an exhaustive listing, rather a sampling of the various internal and external concerns that shape and mold the organization."
Tags:criminal justice organization, criminal justice constructs, corrections, police, public defenders, prosecution, immigration
This paper explores the types of criminal defenses generally recognized in the legal system.
Term Paper # 99874 |
1,046 words (
approx. 4.2 pages ) |
8 sources |
APA | 2004
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$ 22.95
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Abstract
The paper explains criminal defense as one of the cornerstones of the American criminal justice system which emphasizes the concept of "innocent until proven guilty." The paper explores the types of criminal defenses generally recognized in the legal system, which include alibis, justifications, excuses and procedural defenses. The paper focuses on defining each category, as well as giving examples as to how they might be used. The paper further explores the misconceptions regarding the laws related to defenses against a criminal charge.
From the Paper
"The first category of defenses is the alibi. According to Schmalleger (2004), an alibi is "A statement by an individual that has been charged with a crime that he or she was so far away or so engaged in provable activities that he or she could not have committed the crime." In essence, the alibi defense is a denial that the individual committed the crime. However, this defense is effective only if there is factual or provable evidence that the alibi is legitimate (Schmalleger, 2004)."
Tags:alibi, denial, justification, innocent, guilty, prosecution
A brief overview of the history of criminal law in the United States.
Term Paper # 144996 |
1,023 words (
approx. 4.1 pages ) |
7 sources |
APA | 2010
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$ 21.95
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Abstract
The paper defines criminal law and explains why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. The paper discusses how the United States derives the structure of its criminal justice system from the English tradition of common law, and explains how most legal systems agree on certain basic premises. The paper also notes that many of the protections of the Bill of Rights pertaining to the criminal justice system only were extended to the state in the 19th century. Finally, the paper considers the controversies that still exist, including the 'three strikes and you're out' laws and capital punishment.
From the Paper
"First of all, what is criminal law? From the point of view of society, crimes are wrongs or violations for which the offender may be punished. Criminal law involves prosecution by the government for an act classified as a wrongdoing against society at large, for which penalties can be extracted varying from incarceration to fines to both (Criminal law, 2008, Cornell University Law School). The criminal law system stands in contrast to civil law, which involves crimes done to a particular victim. The civil suit is brought against the wrongdoer on behalf of the victim. The offender may have to pay financial compensation in civil court, but cannot be required to pay with his or her life or liberty both (Criminal law, 2008, Cornell University Law School). This is why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. In a civil court, the plaintiff need only prove that the preponderance of the evidence shows a crime was committed, in a criminal court the standard for guilt is that it must be shown that beyond a reasonable doubt, a crime was committed."
Tags:Constitution, Bill, of, Rights, prosecution, crime, common, law, judiciary, jury
This paper explores the differences between criminal courts and drug courts in the U.S. legal structure.
Comparison Essay # 101003 |
728 words (
approx. 2.9 pages ) |
3 sources |
APA | 2008
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$ 15.95
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Abstract
The paper offers a brief introduction to the U.S. legal structure and identifies the role of criminal courts and drug courts. The paper discusses the differences between the treatment of defendants in criminal courts and drug courts and explains that the success of drug courts in reducing recidivism is largely due to the application of justice with leniency and treatment.
Outline:
Abstract
Overview
Criminal Courts
Drug Courts
Conclusion
From the Paper
"Both criminal and drug courts fall within the legal apparatus of the U.S. court system but they do so with somewhat different imperatives. The criminal courts have as the main priority to provide a forum for the prosecution to make the case for the conviction of the accused while, for the accused, they are a venue in which he or she can establish his or her innocence. In the typical drug courts, or similar diversion type program, they have, by the participation of the accused, essentially established so degree of guilt in advance but in recognition of the accused individual's drug problems the courts seek an alternative to simple prosecution and incarceration."
Tags:prosecution, imprisonment, incarceration, treatment, recidivism, reform
An analysis of the degree of cooperation between the defense and prosecution and criminal courts.
Essay # 87363 |
675 words (
approx. 2.7 pages ) |
2 sources |
2005
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$ 14.95
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Abstract
This paper reviews why it may be said that criminal court proceedings are almost invariably marked by a high degree of cooperation between competing sides, that is, it discusses the surprisingly degree of cooperation that informs relations between prosecutors and defense attorneys at trial. The paper describes the criminal court system and the attempts to provide a fair trial for both the defendant and society.
From the Paper
"Cooperation between Defense and Prosecution and Criminal Courts The following paper shall briefly discuss the surprisingly degree of cooperation that informs relations between prosecutors and defense attorneys at trial. While it is tempting to suppose that the two sides are locked in constant combat and turmoil, their obligations under the law and the characteristic goings-on of criminal court cases actually a level of cooperation that might startle people unfamiliar with the legal process. With this in mind, the following paper will illustrate that even lawyers embroiled in a heated case are far more likely to work together for the cause of justice than they are to work against one another. Surprising though it may sound, defense attorneys and state prosecutors do work together - up to a point."
Tags:criminal, courts, cooperation
Discusses a criminal law Public Law 104-132.
Essay # 69579 |
920 words (
approx. 3.7 pages ) |
2 sources |
APA | 2006
|
$ 19.95
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Abstract
This paper discusses a criminal law, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper
"The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags:criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine