In general, a crime consists of two elements: (1) the wrongful or overt act and (2) the criminal or mental intent. Discuss the following concepts of criminal law and how and why the general elements of criminal action are altered, extended, or eliminated. In addition, give examples corresponding to each concept of the type of conduct that could be a criminal act

Question

a. Objective fault
b. Vicarious liability
c. Corporate liability

Answer 1

a. The mental intent required for a crime is often subjective fault, although some crimes require objective fault and others require no fault at all. Objective fault involves gross deviation from the standard of care that a reasonable person would observe under the circumstances. Example: Cleaning a gun at a children's birthday party; the gun goes off and causes injury to a guest.
b. Vicarious liability is liability imposed upon one person for the acts of another. Employers are vicariously liable for the authorized criminal acts of their employees if the employer directed, participated in, or approved of the act. Example: An employer directs his employee to consistently ignore OSHA regulations; deaths of employees result from the unsafe conditions.
c. Public policy reasons exist for extending criminal acts to corporations. Criminal intent for the corporation is presumed, or in some ways eliminated, because of bad acts and statutory language. Corporations are so numerous and powerful that it is a societal necessity to control corporate behavior. Corporate officials may be prosecuted and punished separately. Examples of corporate criminal conduct would be antitrust violations, false advertising, or commercial bribery.