In general, what are the elements of a crime? 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. a. Objective fault b. Vicarious liability c. Corporate liability

Answer 1

a. In general, a crime has two elements: the wrongful or overt act (actus reus) and the criminal intent (mens rea). The mental intent (mens rea) required for a crime is often subjective fault, which may be purposeful, knowing, or reckless. 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. It involves careless or negligent behavior. Example: Carelessly driving a truck onto a sidewalk and causing injury to a pedestrian.
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; this results in deaths of employees due to unsafe conditions. Employers may also be subject to criminal penalty for certain unauthorized acts of employees if the employees are acting in the scope of employment.
c. Public policy reasons exist for artificially 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. Example: A corporate executive defrauds the public in order to increase the price of the company stock.