1943 Dotterweich Case Analysis
There are many laws formed for conducting business. Such laws are enacted to protect society (individuals) and corporations. Sources of business law include Constitutional, statutory, uniform and case laws, etc. that determine how criminal cases are prosecuted (Kubasek, Brown, Dhooge, Herron & Barkacs, 2017). So, when businesses are involved in criminal activity they are tried under case laws, and precedent mainly determines judicial decisions. That is past cases with similar white collar crime's (business crime). For instance, the United States case that brought charges against the President Parks of Acme Markets Inc. the food chain that failed to comply with inspections who discovered rodents in the food warehouses (Zipperman, 1991). Under …show more content…
In this way, the judge correctly followed the rule of law due to the absence of prima facie, indirect responsibility and various outliers that proves his innocence.
The first thing to consider when looking at the United States v. Parks is the reason the ruling by Justice Burger reversed the District Court jurors conviction of Parks on all five counts related to the food storage. In doing so, examining the statue indicates that Burger's interpretation of the law relied on the 1943 Dotterweich conviction of a public welfare offense (Kubasek et al., 2017). The significance to the Dotterweich case is that "the conscious of wrongdoing and omission or failure to act was deemed a sufficient basis for a responsible corporate agent's liability" (Zipperman, 1991, p. 129). In other words, the knowledge that a corporate agent is intentionally breaking the law (Food Drug and Cosmetic Act) is acknowledging full responsibility for his/her actions. Dotterweich's small drug company repackaging other drug manufactures products showed how directions to do so originated from corporate (Dotterweich). By this, Dotterweich was subject to prima facie evidence that warrants guilt and findings whereas Park's case failed to have a causal link to the intent to mislead or
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