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RELUCTANT SOLDIERS: THE CRIMINAL LIABILITY OF CORPORATE OFFICERS FOR NEGLIGENT VIOLATIONS OF THE CLEAN WATER ACT.

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  • Source:
    University of Pennsylvania Law Review, 1990/01/01, Vol: 138, p935
  • Additional Information
    • Author:
      TRUXTUN HARE
    • Citation:
      138 U. Pa. L. Rev. 935
    • Copyright:
      Copyright (c) 1990 The Trustees of The University of Pennsylvania
    • Abstract:
      INTRODUCTION This century has witnessed the increasing use of federal statutes to impose criminal liability on corporate officers as a means of regulating corporate conduct that could result in harm to public health, safety and welfare. 2 Some of these statutes require no scienter or mens rea element, thereby subjecting corporate officials to strict liability for actions or omissions in which they had a legally defined "responsible share" 3 yet no direct participation or knowledge. 4 Under this "responsible share doctrine," a trier of fact may find a corporate officer culpable if it determines that the officer, by reason of his status and position of responsibility in the corporation, had a responsible share in the furtherance of the transaction which the statute outlaws, regardless of his lack of awareness of the occurrence. 5 Such an apparent abandonment of any mens rea standard raises disturbing questions when these officers are incarcerated without reference to whether or not they possessed culpable states of minds. 6 In contrast to these strict liability acts, other statutes provide for criminal sanctions only when there has been a knowing violation, thereby substantially increasing the prosecution's burden of proof. 7 Resting between these two extremes is the Federal Water Pollution Control Act Amendments of 1972 8 ("Clean Water Act"). 9 It criminally sanctions, by a maximum of one year's imprisonment, "any person" 10 who negligently discharges a pollutant from a point source into navigable waters: Any person who -- (c)(1)(A) negligently violates section 1311, ...
    • Subject Terms:
    • Keywords:
      responsibility
      substantially
      participation
      imprisonment
      incarcerated
      introduction
      negligently
      prosecution
      abandonment
      transaction
    • Accession Number:
      edslexCEB42CC2
  • Citations
    • ABNT:
      HARE, T. Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act. University of Pennsylvania Law Review, [s. l.], v. 138, p. 935, 1990. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428. Acesso em: 8 jul. 2020.
    • AMA:
      HARE T. Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act. University of Pennsylvania Law Review. 1990;138:935. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428. Accessed July 8, 2020.
    • AMA11:
      HARE T. Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act. University of Pennsylvania Law Review. 1990;138:935. Accessed July 8, 2020. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428
    • APA:
      HARE, T. (1990). Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act. University of Pennsylvania Law Review, 138, 935.
    • Chicago/Turabian: Author-Date:
      HARE, TRUXTUN. 1990. “Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act.” University of Pennsylvania Law Review 138 (January): 935. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428.
    • Harvard:
      HARE, T. (1990) ‘Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act’, University of Pennsylvania Law Review, 138, p. 935. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428 (Accessed: 8 July 2020).
    • Harvard: Australian:
      HARE, T 1990, ‘Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act’, University of Pennsylvania Law Review, vol. 138, p. 935, viewed 8 July 2020, .
    • MLA:
      HARE, TRUXTUN. “Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act.” University of Pennsylvania Law Review, vol. 138, Jan. 1990, p. 935. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428.
    • Chicago/Turabian: Humanities:
      HARE, TRUXTUN. “Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act.” University of Pennsylvania Law Review 138 (January 1, 1990): 935. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428.
    • Vancouver/ICMJE:
      HARE T. Reluctant Soldiers: The Criminal Liability of Corporate Officers for Negligent Violations of the Clean Water Act. University of Pennsylvania Law Review [Internet]. 1990 Jan 1 [cited 2020 Jul 8];138:935. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexCEB42CC2&custid=s8280428