Criteria for Blame - 20 views

• 
  #1 Anna Toronova on 12 Jan 11

   

  The judges have decided on the three criteria by which all the defendants will be prosecuted and judged by. The criteria were taken directly from the Criminal Code of Canada. They are as follows:
  
  1.) Actus Reus: conscience act, failure to act, state of being
  2.) Mens Rea: intent, general and specific intent, knowledge, recklessness
  3.) Due Diligence- (was every effort taken to not commit the crime?)
  
  Definitions can be found here:
  http://schoolworkhelper.net/2011/01/elements-of-a-crime-actus-reus-mens-rea/
  http://vig.pearsoned.co.uk/catalog/uploads/Elliott_Criminal_C01.pdf
  
  Please post any questions you have for the judges/criteria on this topic.
  ***Prosecutors feel free to post the charges you believe your opposition is guilty of on this topic.
  ***Defendants may post their due diligence defenses on this topic.

   

  <div class="cArrow"> </div><div class="cContentInner">The judges have decided on the three criteria by which all the defendants will be prosecuted and judged by. The criteria were taken directly from the Criminal Code of Canada. They are as follows: <br /> <br /> 1.) Actus Reus: conscience act, failure to act, state of being <br /> 2.) Mens Rea: intent, general and specific intent, knowledge, recklessness <br /> 3.) Due Diligence- (was every effort taken to not commit the crime?) <br /> <br /> Definitions can be found here: <br /> <a href="http://schoolworkhelper.net/2011/01/elements-of-a-crime-actus-reus-mens-rea/" rel="nofollow" target="_blank">http://schoolworkhelper.net/2011/01/elements-of-a-crime-actus-reus-mens-rea/</a> <br /> <a href="http://vig.pearsoned.co.uk/catalog/uploads/Elliott_Criminal_C01.pdf" rel="nofollow" target="_blank">http://vig.pearsoned.co.uk/catalog/uploads/Elliott_Criminal_C01.pdf</a> <br /> <br /> Please post any questions you have for the judges/criteria on this topic. <br /> ***Prosecutors feel free to post the charges you believe your opposition is guilty of on this topic. <br /> ***Defendants may post their due diligence defenses on this topic.</div>

  ...

  Cancel
• 
  #2 Ariel Shain on 12 Jan 11

   

  what if due diligence doesn't exist in the situation? in some cases, the companies didn't know they were committing a "crime" thus they didn't take any precautions. Would you just prosecute on the other 2 criteria?

   

  <div class="cArrow"> </div><div class="cContentInner">what if due diligence doesn't exist in the situation? in some cases, the companies didn't know they were committing a "crime" thus they didn't take any precautions. Would you just prosecute on the other 2 criteria?</div>

  ...

  Cancel
• 
  #3 Anna Toronova on 12 Jan 11

   

  The due diligence criteria is more of a defense rather than just a prosecution. If a defendant attempted in all ways to prevent a "crime" from occurring, they could use the due diligence defense.
  It doesn't matter if the defendant knew they were committing a moral crime or not to begin with, due diligence defense is based just on the ethical actions of the company. But you're right, due diligence doesn't apply in all cases. In those situations we would just label the Due Diligence category 'Not Valid' and move onto the other two criteria.
  
  But that being said, due diligence can be an excellent defense. It's basically saying you tried your hardest to prevent the financial crisis from occurring and stating the reasons how.

   

  <div class="cArrow"> </div><div class="cContentInner">The due diligence criteria is more of a defense rather than just a prosecution. If a defendant attempted in all ways to prevent a "crime" from occurring, they could use the due diligence defense. <br /> It doesn't matter if the defendant knew they were committing a moral crime or not to begin with, due diligence defense is based just on the ethical actions of the company. But you're right, due diligence doesn't apply in all cases. In those situations we would just label the Due Diligence category 'Not Valid' and move onto the other two criteria. <br /> <br /> But that being said, due diligence can be an excellent defense. It's basically saying you tried your hardest to prevent the financial crisis from occurring and stating the reasons how.</div>

  ...

  Cancel
• 
  #4 sam kopmar on 14 Jan 11

   

  In the case of due dilligence for Goldman Sachs really they were not so much committing a crime as they were being more unethical in their efforts to bring in revenue. Selling off high risk securities and making it known they are high risk is not illegal.

   

  <div class="cArrow"> </div><div class="cContentInner">In the case of due dilligence for Goldman Sachs really they were not so much committing a crime as they were being more unethical in their efforts to bring in revenue. Selling off high risk securities and making it known they are high risk is not illegal.</div>

  ...

  Cancel

To Top