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Vicarious Liability - Essays

Vicarious Liability

Vicarious Liability
Sherie K Johnston
Concepts of Criminal Law
AUGUST 31, 2014

Vicarious Liability

Under the doctrine of vicarious liability, corporate leadership is sometimes responsible for the criminal activity of those who serve under them.

Assume that a corporation decides to dump tons of hazardous materials from their waste products into the local waterway. The dumping violates all laws and administrative agency standards and is done negligently. Eventually, after a series of unexplained deaths and lingering illnesses in the local community, the company's actions are discovered.

Responsible Corporate Officer

Who is liable when illegal activity which causes pollution ...

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concept of holding a corporate officer or federal official liable for an environmental crime based on their position of authority over the violating activity is known as the Responsible Corporate Officer (RCO) doctrine. This is a vicarious criminal liability doctrine.

Corporate officers should be held criminally responsible for the actions of low-level employee's actions. Felony offenses involving the pollution of the environment that results directly in the sickness or death of members of the community should be patterned after the Responsible Corporate Officer doctrine. (RCO) The Responsible Corporate Officer doctrine ("RCO doctrine") is an exception to the usual requirements for a criminal prosecution. The RCO doctrine is a strict-liability theory used by the government to bring misdemeanor charges against officers and directors who fail to prevent or correct a corporation's misconduct. This doctrine was first implemented in healthcare violations. Ordinarily, criminal law ...

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PAPER DETAILS
Added: 9/30/2014 12:36:43 PM
Submitted By: tooslady
Category: Legal Issues
Type: Premium Paper
Words: 1153
Pages: 5

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