Respond to the following:
Who can be found guilty of a business crime, and what does mens rea and actus reus mean?
Using the Strayer Library, research an example of a business crime committed in the last two years and discuss who was held criminally liable.
If management can be liable for crimes committed in the workplace, what US Constitutional protections exist to protect them?
Can management monitor and listen to employees while at work, or is this a Fourth Amendment or tort invasion of privacy violation?
Explain, given your understanding of the [Taylor v City of Saginaw] lawsuit in the reading
Sample Solution
Individuals and
corporations can be found guilty of business crimes. While individuals are held responsible for their personal actions, corporations can be held liable for the actions of their employees or agents acting within the scope of their employment.
Mens Rea and Actus Reus
- Mens rea is the Latin term for "guilty mind." It refers to the mental state of a person when they commit a crime. This includes intent, knowledge, recklessness, or negligence.
Full Answer Section
is the Latin term for "guilty act." It refers to the physical act of committing a crime.
Both mens rea and actus reus must generally be proven to establish criminal liability.
Example of a Business Crime
The Theranos Case: Elizabeth Holmes, the founder of Theranos, was found guilty of fraud for misleading investors and patients about the company's blood-testing technology. Both Holmes and the company itself were held criminally liable.
Management Liability for Workplace Crimes
Management can be held liable for crimes committed in the workplace under the doctrine of
vicarious liability. This means that a company can be held responsible for the actions of its employees if those actions occur within the scope of their employment.
US Constitutional Protections for Management While there are no specific constitutional protections explicitly for management in the context of criminal liability, general constitutional protections apply. These include:
- The Fifth Amendment: Protects against self-incrimination.
- The Sixth Amendment: Guarantees the right to a fair trial, including the right to counsel.
- The Fourth Amendment: Protects against unreasonable searches and seizures.
Employee Monitoring and Privacy
Employer Monitoring Employers generally have the right to monitor employee activity in the workplace, especially when using company-owned equipment or networks. This includes monitoring emails, internet usage, phone calls, and computer activity. However, there are limitations.
Fourth Amendment and Tort Invasion of Privacy The Fourth Amendment protects against unreasonable searches and seizures, but it primarily applies to government actions. While it doesn't directly apply to private employers, it has influenced privacy laws.
Tort law provides additional protections for employee privacy. Employers must act reasonably and avoid intrusion into private matters. Secretly recording employees without consent is generally considered an invasion of privacy.
Taylor v City of Saginaw While I couldn't find a specific case named "Taylor v City of Saginaw" related to employee monitoring, the general principle is that employees have a reduced expectation of privacy in the workplace. Courts often balance the employer's right to manage its business with the employee's right to privacy.
In conclusion, while employers have the right to monitor employee activity to a certain extent, they must do so reasonably and lawfully to avoid legal issues.