A whistleblower by definition is someone who brings an unethical immoral or illegal business practice to the publics attention. Whistleblowers have a difficult time in doing this and they often find their lives changed because of their actions. Sometimes they are shunned and receive death threats. It is common for the family members to feel the effects of a whistleblowers behavior. Dr. Jeffrey Wigand became one of the best-known whistleblowers after his experience was turned into a movie The Insider. He proved that tobacco companies were deliberately boosting the nicotine content of cigarettes making them more addictive and cancer causing. However like other whistleblowers he suffered from tremendous stress and received death threats and other forms of intimidation for doing the right thing. How did Dr. Wigand show moral intelligence in this situation? Jeffrey Wigand put his economic future as well as coworkers and his family at risk to expose the tobacco companies. Would you have done the same thing? Point Value: 4 Point
A vehicle driven by Tabitha Antico collided with a truck owned by Sindt Trucking Inc. Antico was killed in the accident. The personal representative of Antico brought a civil wrongful death action against Sindt Trucking. The company denied liability alleging that Antico was either solely or partially at fault for the accident because she was distracted by texting or otherwise using her cellphone while driving. Testimony from two witnesses and responding troopers indicated that Antico had been utilizing her cellphone at the time of the accident. Sindt made a motion to the trial court to permit an expert to inspect the cellphones data including text messages internet website access history and other use of Anticos cellphone on the day of the accident. The plaintiff countered that the discovery would violate Anticos privacy rights. The trial court approved the discovery of the cellphone data limiting the discovery to the 9-hour period preceding and including the time of the accident. Research and discuss the laws that allow courts to authorize exploration into a persons digital footprint in the case of a law suit. Based on your research in your opinion should evidence found on digital tools like phones and social media be allowed to support either the plaintiff or the defendant? Support your thoughts.
A lesser-included offense in criminal law refers to a violation of a less serious nature but containing the elements of a serious crime. The word is also used to describe the state of affairs where it is impossible to commit a more serious offense without also committing a less serious one (Maloney 2014). Courts follow laid-down procedures to determine if an offense is the lesser included offense of some other nature. Instead of looking at facts in the evidence or the charging document the court will focus solely on the definition of each offense. Only if the second crime is indeed a lower-included offense of the very first will a crime be deemed a lesser included offense of the first.For one conduct a perpetrator might even be convicted of many offenses in a single act since a person can have multiple crimes committed under the same cover. For instance a defendant can be accused of kidnapping molesting and assassinating a victim. The prosecutor may then pursue the different crimes separately.Double jeopardy in the fifth amendment of the U.S. Constitution protects defendants from being charged with the same offense twice. It prohibits re-trials for the same crime after an unfair trial as well as numerous penalties for the same offense (The Concept 2019). Though double jeopardy at times becomes more compound in some crimes. Now if the offender has already won the accusation of the more serious violation double jeopardy does not apply to a prosecution for lesser included offenses (Patterson 2014). If a jury conflicts a defendant with several offenses stemming from the same action they can only impose a sentence for the more serious offense.Criminal conduct criminal purpose concurrence causation injury and supporting circumstances are material elements of the crime. The components of casualty and damage are only present in crimes that specify a negative outcome. For instance a person convicted of failing to reduce speed to avoid an accident did not stop involuntary manslaughter. Failing to reduce speed is not a necessary element of a statutory offense of manslaughter unless the prosecutor has to prove intentional failure to reduce speed in the second trial.
A manager at your company overhears another employee who is Caucasian directing the N-word at an African-American employee. When she confronts him he claims that he was using it as a term of endearment”a claim that is not explicitly contested by the friend to whom hes directing it. The manager concerned that her being Caucasian and in a position of authority fears her intervention may escalate things so she chose to accept the explanation and move on. The manager has come to you the Human Resources Manager for advice. In a 1 050- to 1 400-word (or 3- to 4-page) paper (excluding references and title page) discuss the following: Your companys diversity code states: As team members we have a responsibility to: Do our part to help Acme to serve and earn business from a wide variety of communities and stakeholders. Integrate diversity into our sourcing processes. Help create an environment in which all team members can contribute develop and fully use their talents. Keep an open mind to new ideas and listen to different points of view. What are some of the limitations of the companys diversity code for multicultural professional practice? In what ways do you believe this code is culturally biased and culturally encapsulated? What evidence is there that this code is culturally sensitive? If you believe there is no evidence that the code is culturally sensitive what evidence is there that the code is not culturally sensitive? Discuss the importance of cultural sensitivity and explain what you believe are the implications for ethical professional practice. In addition to the required readings cite at least two additional references that include examples of a better ethical code.
A domestic Corporation owns a Controlled Foreign Corporation. In 2018 the Controlled Foreign Corporation earns $100 of foreign base company income and incurs a ($) loss attributable to activities that produce General Category Income (IRC sec 904). It also has $ of foreign personal holding company income. In 2019 Controlled Foreign Corporation has $100 of General Category Income. The Controlled Foreign Corporation has no tangible person property What are the income tax consequences to Domestic Corporation for 2018 and 2019? Use IRC code 951 954 and 904 as reference. Must be close to 500 words.
A controversy which surrounds the issue plea bargaining occurs when the accused is literally innocent of the criminal charges but he/she still pleads guilty due to an array of factors. Please address at least three (3) factors which may influence an innocent person to accept a plea bargain. Additionally please be sure to address the following: Research and briefly summarize a case where someone accepted a plea deal despite his/her innocence. Would you ever accept a plea deal if you were 100% innocent? Remember you must address the following questions in a minimum 2-page Word document. Additionally this assignment must be completed in APA format (i.e. 12-point Times New Roman font double-spaced etc.) and you must validate and support your verbiage (i.e. facts opinions beliefs etc.) with citations and references of at least two (2) credible sources in addition to the textbook.
A 19-year-old student Sally hasbeen arrested by the police for possession of a small amount of marijuana while driving home from a college party. Assume that the police officer had probable cause to stop Sallyfor drunk driving. During the search of Sallyspockets incident to herarrest the police find an unregistered handgun a bag of prescription drugs issued to a woman named Judy OHeary aged 74 and $5 000 in cash in her car. When the police confronts herwith these items shesays I need those pills because of my back pain. And I have no idea where that gun came from. The police officer then asks herwhy you need more than 350 tablets of painkillers and shestates You have no idea how bad my back hurts. Based on herstatements about the pills the police charge herwith intent to sell and distribute prescription drugs. Attrial herattorney makes a motion to suppress the admission of thestatements arguing in relevant part that shemade the statement without being given herMiranda rights. In response the police argue that shemade statements voluntarily and not under duress. Discussion Assignment: The class is broken into 4 different roles. 1. If your last name starts with A “ F you will answeras the defense attorney. 2. If your last name starts with G “ L you will answeras prosecutor. 3. If your last name starts with M “ R then you will answer by stating your decision as the judge. 4. If your last name starts with S “ Z then you will answer as the law enforcement agent. How do you think that the judge will rule on thismotion to suppress? Does it matter that shewasalready under arrest at the time of herstatements? Please use your acting skills and stay in your role as you answer these questions. Be sure to provide detailed answers based on the facts and supported by the current case law. Have fun! Please note that your answers have nothing to do with your personal feelings thoughts or experiences with these issues. Your answers are to be based purely on the law specifically precedent set by case law. Reviewing the Week 6 Content will be very helpful to you in finding relevant case law.
A lesser-included offense is a lesser crime that contains some of the same elements as a more serious crime (Maloney 2014). An example of a lesser-included offense is voluntary manslaughter is a lesser offense than murder.In some courts they may look at the charges that are on the documents to see if an offense is lesser included. For example along with providing instructions to the jury of the elements required to prove rape the trial court also explained the lesser-included offenses of sexual battery and gross sexual imposition. (A lesser-included offense is a lesser crime that contains some of the same elements as a more serious crime) (Maloney 2014). If someone murdered someone with an object like a high heel shoe the lesser charge included assault with a deadly weapon.If someone was robbed and they were unaware meaning that they were unconscious from doing drugs or drinking alcohol the courts can say that there was more than one crime committed during one single act.The double jeopardy clause in the Fifth Amendment to the U.S. Constitution prohibits the government from prosecuting individuals more than once for a single offense and from imposing more than one punishment for a single offense. It provides that No person shall ¦ be subject for the same offense to be twice put in jeopardy of life or limb. Most state constitutions also guarantee this right to defendants appearing in state court. Even in states that dont expressly guarantee this right in their laws the protection against double jeopardy must still be afforded to criminal defendants because the Fifth Amendments Double Jeopardy Clause has been made applicable to state proceedings via the doctrine of incorporation (The concept of double jeopardy 2013)..For example if someone is caught near a school with drugs and a weapon they. They can be charged for intent to distribute the drug intent to distribute drugs within a specific radius of a school intent to distribute to a minor or children were in the area at the time carrying a weapon if they did not have the right o carry a weapon and having a weapon within a specific radius of a school zone.
750-word Summary from the Exploring the Potential for Body-Worn Cameras to Reduce Violence in Police“Citizen Encounters Describe the primary purpose of the study (exploration description explanation or evaluation). What were the research questions that the study was designed to answer? List the key independent and dependent variables identifying the causal relationships the researchers sought to examine. Explain how the researchers conceptualized and operationalized the dependent variables. Explain the time dimension of the study and how it impacted data collection. Describe whether the study involved a cross-sectional or longitudinal design and whether data were collected retrospectively or prospectively. How did the researchers test to see whether BWCs were related to the study dependent variables? What were the results of the study in terms of each of the causal relationships examined? In discussing the findings be sure to distinguish the study participant groups in terms of outcomesbetweenthe separate groups as well as changes over timewithineach group. Discuss unusual study findings noting any changes in conditions under which the study was conducted and other potential reasons these results might have occurred.
500 words Discuss the following: The legal duty of manufacturers is to provide for safe products in the marketplace today.Research using the legal database belowand provide acaselawexamplewithin the last three yearsof a defective product liability case or case in litigation today pursuant to product liability defect. Be sure to explain the law in regards to design defect manufacturing defect or failure to warn cause of action and define and explain these terms and your case in full. The power of advertising influences consumer decisions about products today. Explain the contract product liability warranty theories per the text reading and research a case example that is unfair and deceptive and violates the law as to one or more of these theories.See Section 13-2: Advertising as a Contract Basis for Product Liability in the chapter reading. Legal research databasefrom theOnlineLibrary Search page athttps://research.strayer.edu or through this direct link:https://libdatab.strayer.edu/login?url=https://www.nexisuni.com Please substantiate your answers and provide your research sources following SWS requirements. Only scholarly and credible sources are allowed.