Why should ethical misconduct be remedied by civil instead of criminal penalties?
What will be an ideal response?
Some penalties for ethical misconduct lie outside the criminal law. Examples of civil penalties include monetary damages and blacklisting. Monetary damages involves forcing a person or corporation to pay money for their unethical behavior. Sometimes repeat offenders draw special attention because previous monetary penalties do not sufficiently deter subsequent misconduct. Accordingly, the practice of blacklisting came into play. When an individual or business is blacklisted, they are prohibited from participating in future business. Although different in substance, both seek to correct wrongful actions instead of to punish them. The burden of proof for civil penalties is a preponderance of the evidence, which is much lower (and easier to meet) that the burden of proof in criminal trials, beyond a reasonable doubt. More often than not, wronged parties are more interested in compensation for their losses than in sending an offender to prison.
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On April 8, 2014, the FBI arrested nineteen-year-old Conley at the Denver Airport as she was preparing to board a flight to Adana, Turkey. She had planned to make her way into Syria, which borders Turkey, and marry a Tunisian man she met online who was affiliated with the terrorist group known as Islamic State of Iraq and the Levant (ISIL). A certified nurse's aide Conley apparently intended to provide medical assistance to ISIL fighters, who have killed a number of Americans in the Middle East. Conley eventually pleaded guilty to providing material support to a foreign terrorist organization, and, in January 2015, a federal judge sentenced her to four years in prison. __________ is defined very broadly in the legislation, covering funding, financial services, lodging, training, expert
advice or assistance, communications equipment, transportation, and other physical assets. A. Material support B. Financial support C. Equipment support D. Physical support
The doctrine of ultra vires held that:
a. corporations cannot be held responsible for executive actions not authorized by their corporate charter b. corporations can be held fully responsible for the acts of any employees c. corporations can only be held responsible for the acts of corporate managers d. corporations can be criminally sanctioned even when no corporate employee can be shown to have engaged in illegal actions
All of the following are protections under the Equal Protection Clause EXCEPT ______.
a. rational basis b. intermediate scrutiny c. strict scrutiny d. rule of legality
Crack cocaine is the result of a relatively safe chemical method due to treatment with ether.
Answer the following statement true (T) or false (F)