Classification of Crimes

Classification of Crimes

An act can have both civil and criminal consequences. (O.J. Simpson trials)

Essentials of Criminal Liability

To be convicted of a crime, a person must:

Ø  Commit a guilty act (actus reus).

Ø  Have the guilty mind (mens rea) during commission of the guilty act.

Corporate Criminal Liability

A corporation is creature of state statute.

A corporate entity may be convicted of a crime.

Punishment would be fines and/or denial of certain legal privileges.

Liability of Corporate Entity

Corporations may be convicted of criminal activity if:

Ø   Crime is within agent/employee’s scope of employment;

Ø   Corporation fails to perform a legally required duty; or

Ø   Crime authorized or requested by corporate principal/officer.

Liability of Corporate Officers

Corporate officers and directors are personally liable for crimes they commit.

Also, they may be criminally liable for acts of their under the “Responsible Corporate Officer” doctrine.  U.S. v. Park (1975).

Case 8.1: U.S. v. Hanousek (1999).