...A CASE ANALYSIS ON CORPORATE CRIMINAL LIABILITY Abbreviations RNRL- Relinace natural resources IPC- Indian Penal Code UOI- Union of India All ER - All England Law Reports (United Kingdom) CriLJ – Criminal Law Journal Table of cases 1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass [1971] All ER 127 2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292. A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448 3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732 4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722 5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43 6. MV Javali v. MahajanBorewell& Co and Ors.,AIR 1997 SC 3964 7. The Assistant Commissioner, Assessment-II, Bangalore &Ors. Vs. Velliappa Textiles, (2004) 1 Comp. L.J. 8. Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 9. Iridium India Telecom Ltd. v. Motorola Incorporated and Ors ,AIR 2011 SC 20 10. CBI v. M/s Blue-Sky Tie-up Ltd and Ors ,Crl. Appeal No(s). 950 of 2004 11. Kartick Chandra v.Harsha M. Dasi, AIR 1943 Calcutta 35 at 354; Contents Introduction 6 Corporate Criminal Liability under the Companies Act 1956 &2013 6 Doctrine of identification theory 9 Position prior to the Standard Chartered Bank Case Law 11 Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 12 Post Standard Chartered Bank case law: 13 Conclusion...
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... By the first weekend in May, American Express, the Associated Press, the British Coast Guard, universities, and hospitals reported that the Sasser worm had swamped their systems. Computer troubles led Delta Airlines to cancel 40 flights and delay many others. Microsoft quickly posted a $250,000 reward, and by mid-May, authorities apprehended Sven Jaschen, a German teenager. Jaschen confessed and was convicted after a three-day trial. Jaschen could have received up to five years in prison, but because he was tried as a minor, the court suspended his 21-month sentence, leaving him with only 30 hours of community service. Copyright © 2007 by Thomson Course Technology. All rights reserved. This publication is protected by federal copyright law. No part of this publication may be reproduced without prior permission in writing from Course Technology. Some of the product names and company names have been used for identification purposes only and may be trademarks or registered trademarks of their respective manufactures and sellers. Authorities said that once Jaschen realized the havoc the Sasser worm was causing, he tried to...
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...[Name of the Writer] [Name of the Institution] [Name of the Subject] [Date] Racial Profiling and Law Enforcement Introduction Over the years racial profiling has become a significant topic especially among law enforcement agencies across the United States. Many cities and states have made a conscious effort to study racial profiling and ascertain how race and ethnicity play a significant role in stopping vehicles by law enforcement in their jurisdictions. Profiling refers to the practice of police that view certain characteristics as indicators of criminal behavior. It is the establishment of law enforcement practices that solves crime and develop prevention strategioes against crime. While, racial profiling is the new term for profiling. The change is partially because of the ambiguity that racial profiling has some confusions and controversories. The term racial profiling best decribes the situation where police arrests, questions or stops the person on the basis of race (Cleary 5). In regards to the racial profiling, the concern about it is erupting in the entire nation (Harcourt 18). Racial profiling is considered as the use of the individual’s ethnicity and race through the law enforcement personnel. In many of the jurisdiction, the practice of such acts is considered as illegal and controversial. United States have decided to work on the issues related to the racial profiling, that how the ethnicity and race play a part in order to stop the injustice through...
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...Geopolitics, International Environment and Business International risk management 1 Geopolitics, International Environment and Business Risks identification Are we leading towards economic war? 2 Geopolitics, International Environment and Business Several agencies seem to reinforce this idea, particularly regarding international trade 3 “Public economic warfare” Japan JETRO, Japan External Trade Organization (www.jetro.go.jp) Created in 1958 to promote Japanese exports From the 80s it expands to developing countries. 21st century: To promote FDI into Japan To help small & medium sized companies to export. 4 USA (1992, 1993): Bill Clinton Policy "Putting People First, A National Economic Strategy For America" Governor Bill Clinton June 21, 1992 Opening up world markets. […] we will move aggressively to open foreign markets to quality American goods and services (for instance, NAFTA) Economic security council / Advocacy Center / CIA / FBI –Economic Counterintelligence Program The stakes in this game are high! 5 FRANCE: UBIFRANCE -Offices in France (partnership with chambers of trade) -80 offices in 60 different countries (156 in 120 countries if Economic Missions considered) -More than 1,400 collaborators MISSION: to make French exports easier, to support and to monitor French companies abroad. 6 7 “Private economic war” International competition Is it replacing military conflicts? Competitive...
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...Evidence To what extent has the use of technology in evidence altered our understanding of adversarialism? What is adversarialism? The adversarial system is the two-sided structure under which criminal trial courts in the UK operate. There are four prominent structural features of the English adversarial system. Firstly, the parties dominate the conduct of proceedings with the judge playing a relatively passive role. Secondly, the parties are free to choose the terrain on which to fight out their legal battles and to select their forensic weapons. Thirdly, Trials are continuous, oral and public events. Fourthly, the imbalance of power between the state and the accused is ameliorated by rules and principles reducing inequality of arms. High level definitions or at least descriptions of the adversarial system abound such as that of Lord Denning in Jones v The National Coal Board.They are all to the effect that the judge is a passive and neutral umpire who cannot descend into the arena for fear of having his or her judgement clouded. The adversarial system is said to be the most efficient means of arriving at approximate truth because it harnesses the power of self-interest on each side to unearth the best evidence. Similarly the best legal arguments are thought to emerge from the clash of advocate’s submission on the law. A classic quotation is that of Lord Eldon in Ex Parte Lloyd that ‘truth is best discovered by powerful statements on both sides of the question.’ This...
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...1. In 1882, Congress enacted legislation prohibiting the immigration of a. Hawaiians. b. Japanese. c. Chinese. d. all of these 2. Curanderismo refers to a. illegal immigrants from Mexico. b. feminist views by Mexican American women. c. a form of holistic health care and healing. d. godparent-godchild relationship. 3. The policy of separate but equal was defined as __________ by the U.S. Supreme Court in 1896. a. reasonable b. discriminatory c. racist d. unacceptable 4. The culture of poverty is a. based on conflict theory. b. a way of not holding individuals responsible for their poor choices. c. a way of holding policy makers responsible for social inequality. d. another way of blaming the victim. 5. The Termination Act of 1953 a. ended reservation residents' tax immunity. b. was a policy favored by Native Americans to gain greater self-governance. c. resulted in the withdrawal of basic services such as road repair and medical care. d. provided funding for basic health care services. 6. A significant aspect of familism is the godparent-godchild relationship called a. curanderismo. b. vendidos. c. bracero. d. campadrazgo. 7. The Allotment Act intended to impose upon the Native Americans the European concept of a. voting and election of leaders. b. religion. c. hunting for sport. d. private property ownership. 8. By the mid-1960s one-fourth to one-third of the people in the Employment Assistance Program a....
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...Investigation into Biometric Technologies and the Development of a Fingerprint Recognition Application Student Name: Robert Heaney ST No: 10550804. Supervisor: Jonathan G. Wallace . . . . . . . . . . Note: Incomplete, this document is currently in draft Abstract This preliminary document covers the presentation phase of a final year BSc (Hons) computing science project aiming to investigate biometric technologies and develop a fingerprint recognition application to allow logging of student attendance at lectures. The introduction offers some background to the project and establishes the aims and objectives of the project overall. Following on from the introduction, the literature review presents a critique of research material that provides the basis for the project. This material includes a number of texts, journals and research papers as well as additional information sourced from the Web. As drawn from the literature, the subject areas covered include; history and background to modern biometrics; technological, social, organisational and environmental influences; key technologies in the market today; design issues, including security, performance and testing. In chapter 3, attention turns to requirements analysis for the development of a fingerprint recognition system. The process follows a requirements engineering approach to development by formally establishing user requirements and allowing continuous requirements assessment...
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...Licensed to: iChapters User Licensed to: iChapters User CONTEMPORARY AUDITING REAL ISSUES & CASES MICHAEL C. KNAPP SEVENTH EDITION MAKE IT YOURS! SELECT JUST THE CASES YOU NEED Through Cengage Learning’s Make It Yours, you can — simply, quickly, and affordably — create a quality auditing text that is tailored to your course. • Pick your coverage and only pay for the cases you use. • Add cases from a prior edition of Knapp’s Contemporary Auditing. • Add your course materials and assignments. • Pick your own unique cover design. We recognize that not every program covers the same cases and topics in your auditing course. Chris Knapp wrote his case book for people to use either as a core e book or as a supplement to an existing book. If you would like to use a custom auditing case book or supplement the South-Western accounting book you are currently using, simply check the cases you want to include, indicate if there are other course materials you would like to add, and click submit. A Cengage Learning representative will contact you to review and confirm your order. G E T S T A R T E D Visit www.custom.cengage.com/makeityours/knapp7e to make your selections and provide details on anything else you would like to include. Prefer to use pen and paper? No problem. Fill out questions 1-4 and fax this form to 1.800.270.3310. A Custom Solutions editor will contact you within 2-3 business days to discuss the options you have selected...
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...society; hence the total development of the individual is the ultimate aim of education. Thus, schools were established in all feasible areas to quench man’s quest for further knowledge and optimum development. In effect, awareness to the significant benefits of education directed the school towards offering different courses, specifically in the tertiary level. One of such education is Criminology, a highly intellectual field, especially because the majority of the job’s responsibilities rely on determining and analyzing criminal patterns. According to Agas (2008), criminology focused on the study of crime, the causes of crime, the meaning of crime in terms of law, and community reaction to crime. It also deals with the scientific study of criminals and criminal behavior. Criminologists attempt to build theories that explain why crimes occur and test those theories by observing behavior. This course focuses on such topics as criminal jurisprudence, criminal sociology, crime detection and investigation, drug education and vice control, law enforcement administration, correctional administration, industrial security management, probation, and juvenile delinquency. As such, criminology students shall pass all of the General Education and Professional subjects and undergo Comprehensive Review to be more capable of passing the Licensure Examination. General Education subjects like English, Mathematics, Filipino, and Science serve as the basic foundation of learning in other...
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...types of forensic science, and each plays an integral part in the criminal justice system. Forensic biology usually involved DNA testing and its results. Forensic anthropologists examine human remains that have become skeletons in an attempt to determine how long the remains have been in a location and to try to determine a possible cause of death. Forensic toxicology falls into the category of forensic chemistry. Forensic toxicologists study toxins, drugs, poisons, alcohol, and other things found in the blood or tissues of crime victims or perpetrators. Forensic toxicologists study the blood and tissues of living people as well as deceased persons. The rapid advancement of technology in the last century and, in particular, the last three decades, has helped forensic scientists solve many crimes, even those that had been cold for decades. Technology is quickly changing and improving the methods by which crimes can be solved. The first evidence of scientific methods being used to identify people occurred in China in 700BC. Chinese artists used fingerprints to identify pieces of art they had produced. Of course, there was not computerized system to file or categorize these fingerprints. However, this is the first known instance of fingerprints being used for identification purposes. Clearly, things have dramatically changed since that time in terms of using forensics to improve the efficiency of the criminal justice system. Toxicology has been a particularly useful type...
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...information sharing between organizations has become necessary. With enhanced human trafficking policies and implementation; accurate crime statistics can be gathered, victims can be identified, perpetrators can be prosecuted, and organized crime patterns can be seen. This paper will be broken down into several components that cover this multi-faceted, illegal industry. First, a description and definition of human trafficking will be given. The current prevention methods will follow, including rough statistics gathered around the world. Next, I will outline the difficulties that law enforcement encounter with human trafficking. The strategies for improvement will make up the bulk of the paper. Human trafficking has been deemed the 21st century slave trade. Inadequate laws against trafficking and police negligence have allowed for this human rights violation to develop into a huge industry. Dr.Lederer, VP for Policy and Planning with the anti-trafficking organization, Global Centurion, estimates that the crime has become a 32 billion dollar industry. 600,000 to 800,000 people are trafficked each year across borders. These numbers do not include those being exploited within borders.[1] While the sex slave industry gains the most media...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...Major Crime Unit : NH State Police Summer Internship | Heating up: Cold Cases | Meredythe Leonard | | Heating Up: Cold Cases Countless developments in police science have occurred in the past decade or so. Many of these improvements can be seen as small, but imagine the challenges faced by crime scene investigators 50 or more years ago. The law enforcement agencies of the past did not have routine access to the amount information that officials today can gather and analyze from a crime scene. Current day crime scene investigation can range from the downright tedious to the technologically astounding, but they have all greatly impacted how evidence is collected, documented, and analyzed. There are around one hundred unsolved homicides in New Hampshire alone, dating back to the early 1960’s. (Department of Justice, 2015). Evidence from those crimes could quite possibly be the golden ticket in solving the wrongdoing, but with outdated techniques and capabilities, the answer will remain a mystery. If the state makes older evidence testing a priority, cold cases could finally find the justice deserved with the help of current day technology. Throughout the rest of this discussion, the call for new evidence testing in cold cases is examined while highlighting the need and importance for skilled investigators. Determination and patience, in the advancing field of forensic testing, have unlocked numerous cases not only in New Hampshire, but also across the country...
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...INFORMATION AND COMMUNICATION TECNNOLOGY ACT, 2006 Prepared for Md. Ziaul Haque Senior Lecturer, Dept. Of Business Administration East West University Prepared by Bus-361 Sec: 6 Name | ID | 1. Md.Musrukh Ruhaim | 2010-2-10-091 | 2. MD. Tajul Islam | 2011-2-10-240 | 3. MD. Naiem Bhuiyan | 2011-2-10-110 | 4. Sunjida Haque | 2010-2-10-355 | 5. Md.Mahfuzur Rahman | 2011-1-10-049 | 6. MD. Mahmudul Hasan | 2011-1-13-060 | Date of Submission: December-03, 2014 Acknowledgement We are very pleased to accomplish the assign task given by our honorable course instructor Md. Ziaul Haque on the subject “Legal Environment of Business”. We are very much obliged to those persons who gave their valuable time in the organization overview part, opinion and advice to complete this report. At first, our profound gratification goes to, Md. Ziaul Haque the honorable course instructor of Business Communication for his supervision to complete the assignment successfully. By providing us the opportunity of preparing this assignment, he has made us able to relate the academic knowledge of Business law with practical scenario. Not only this, he has also contributed much in this term paper by giving us proper guideline. We are acknowledging to all of those web sites from which we have taken necessary helps. Our gratitude also goes to some senior students for their guidance in various stages of completing the term paper and our...
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...Criminal Legal Process Quiz 3 Question 1 of 20 5.0 Points If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion...
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