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Page Questions and 3 Discussion questions

Respond to the following:

Page Questions:

1. The defendant, an electrical contracting company, was found guilty of violating OSHA regulations that led to an employee’s death. The victim, an apprentice in training, touched a live electrical wire and died from electrocution. The OSHA statute in question required “willful” conduct on behalf of the company. The jury instruction on willful stated that a company acted willfully or knowingly if individual employees of that company acted knowingly. The evidence indicated that some employees knew or were aware of live wiring
in the vicinity of the accident. The defendant appealed and claimed that the jury instruction should have stated that a company acted willfully or knowingly if individual employees acted knowingly and had a duty to report that knowledge to the company.

2. Distinguish between a wheel and chain conspiracy. Define the Pinkerton rule. Define Wharton’s rule. Identify an affirmative defense to conspiracy.

3. Locate an article that covered the 2016 presidential election. Look for evidence in the article for priming, framing, and slant. Make sure to include in your assignment: Does this case illustrate the legal concept of criminal intent, vicarious liability, or both? Read U.S. v. L.E. Meyers Co., 562 F.3d 845 (2009).

• Name of the article and its author
• Is the article made by a public or private entity?

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Discussion Board Questions:

1. Cory watches as her sister Amanda breaks into a parking meter across the street and starts scooping change
   into her purse. Amanda thereafter runs into a nearby alley and hides behind a dumpster. A police officer arrives on the scene and asks Cory if she witnessed the crime. Cory responds, “No, I didn’t notice anything.” The police officer does a search, does not find Amanda, and leaves. Has Cory committed a crime?
2. Carol shoots her father Carl with malice aforethought. He thereafter lingers in a coma for two months and
   then dies. Carol is in a jurisdiction that recognizes merger for attempt and that also requires a victim to die within one year and a day if the defendant is to be charged with murder. Can Carol be charged with attempted murder and murder? Why or why not?
3. What factors determine whether people turn out to vote in U.S. elections? Should states continue to allow ballot initiatives and other forms of election?