Edward Hanousek worked for Pacific & Arctic Railway and Navigation Company (P&A) as a roadmaster of the White Pass & Yukon Railroad in Alaska. Hanousek was responsible "for every detail of the safe and efficient maintenance and construction of track, structures and marine facilities of the entire railroad," including special projects. One project was a rock quarry, known as "6-mile," above the Skagway River. Next to the quarry, and just beneath the surface, ran a high-pressure oil pipeline owned by Pacific & Arctic Pipeline, Inc., P&A’s sister company. When the quarry’s backhoe operator punctured the pipeline, an estimated 1,000 to 5,000 gallons of oil were discharged into the river. Hanousek was charged with negligently discharging a harmful quantity of oil into a navigable water of the United States in violation of the criminal provisions of the Clean Water Act (CWA).
a. Did Hanousek have the required mental state (mens rea) to be convicted of a crime? Why or why not?
b. Which theory discussed in the chapter would enable a court to hold Hanousek criminally liable for violating the statute regardless of whether he participated in, directed, or even knew about the specific violation?
c. Could the backhoe operator who punctured the pipeline also be charged with a crime in this situation? Explain.
d. Suppose that at trial, Hanousek argued that he should not be convicted because he was not aware of the requirements of the SWA. Would this defense be successful? Why or why not?
Solved
Show answers
More tips
- H Health and Medicine Sunstroke: Causes, Symptoms, and Precautions...
- F Family and Home Do You Really Need a Playpen for Your Child?...
- F Food and Cooking Do Aphrodisiacs Really Work? Separating Fact from Fiction...
- C Computers and Internet Log-in: what is it and why do you need it?...
- S Style and Beauty Secrets of Tying a Pareo: 5 Ways...
- F Food and Cooking Everything You Need to Know About Pasta...
- C Computers and Internet How to Choose a Monitor?...
- H Horoscopes, Magic, Divination Where Did Tarot Cards Come From?...
Answers on questions: Business
- M Mathematics What is quotient of 2x3 + 3x2 + 5x - 4 divided by x2 + x + 1...
- E English Match each sentence from the text to the sentence that paraphrases it. Attempts were made by small blimps to attach themselves to the ... mast. People thought that blimps would one...
- S Social Studies Abraham maslow referred to the need to live up to one s fullest and unique potential as the...
- M Mathematics Please need help on these 6 question,very much appreciated when you answer...
Ответ:
False
Explanation:
In the case when the tax burden increased so the role of the auditor is to audit the financial statements of the company and based on this they given the opinion that could be either favorable or unfavorable also they look into the operational effectiveness and efficiency but the role of the auditor is not increasingly important as for the tax purpose the tax accountant should be considered such as Chartered accountant, etc