THE CRIMINAL JUSTICE SYSTEM
The federal government plays a critical role in regulating corporate behavior. The government tries to regulate corporate behavior through a combination of guidelines and laws, as well as through establishment of agencies in which to govern and enforce those standards. Please click on the link below to read about one reporter’s view from a recent Washington Post article:
http://www.washingtonpost.com/wp-dyn/content/article/2009/02/11/AR2009021103674.html?hpid=moreheadlines (Links to an external site.)
Please provide your personal insights on these topics. Please write the question number about your response.
1) What are some of the principal factors that have inhibited local prosecutors from pursuing white collar crime cases? When they do pursue such cases, which factors seem to persuade them to do so? In what ways does white collar crime defense work differ from conventional crime defense work?
2) When O. J. Simpson was tried for the murder of his wife, Nicole Simpson, he was ruled not guilty in the criminal court hearings. However, when Nicole Simpson’s family sued Simpson civilly, he was ordered to compensate Nicole’s family several millions of dollars. How could that be?
3) John was recently convicted by a jury of committing fraud against his employer. After the trial, it was revealed that some key evidence against John used in trial was obtained through his employer’s records and John’s workstation computer. Before searching John’s computer, the investigators did not have any evidence or idea that John was involved in the fraud. In fact, they stumbled on the fraud by accident. John is convinced that he has grounds for appeal. He believes the evidence found on his work computer is inadmissible because the investigators did not have probable cause to search his computer.
Is John right that he could appeal the guilty verdict? Were his rights violated?
4) The FBI is on the trail of a drug supplier in Pineville, USA. The Feds believe that the supplier works at OHS Manufacturing, the employer of 75 percent of Pineville’s citizens. The FBI asks OHS Manufacturing to assist in the investigation of one of its employees. Specifically, the FBI asks one of OHS’s managers to search the employee’s locker and give the FBI any illegal drugs found. OHS does not have a written policy allowing these searches or a history of performing these searches. Do you believe this action could be a possible violation of the Fourth Amendment? Why or why not?
5) It is usually the case that depositions for expert witnesses are much more difficult than the actual trial. Why do you think this is the case?
6) Mr. Bill is the sole proprietor of a small play-dough production company. Over the last few months, he noticed revenues dropping and started wondering what is going on. After giving it much thought, he realizes that his accountant, Mr. Pringles, has been cooking the books and stealing money from him—at least that seems to be the case. Mr. Bill is pretty upset and immediately runs down to the local courthouse and files a complaint against his accountant. Too anxious to wait for the legal process to continue, Mr. Bill decides to go to his accountant’s personal residence and search for evidence of fraud. To his delight, he finds some papers that document his accountant’s illegal activities.
Mr. Bill hurries to the office, where he confronts his accountant and shows him all of the papers he found at his house, informing him that a complaint has been filed. Mr. Pringles, calmly laughs and walks away, apparently not affected at all by what Mr. Bill has told him.
Explain why Mr. Pringles is not worried in the least about Mr. Bill’s discovery.
