Friday, February 14, 2020

Counter-Point Written Response to Reading Essay

Counter-Point Written Response to Reading - Essay Example To avoid going to court and risk getting being convicted and suffer its dire consequence, pretrial arrangements are usually resorted to as a damage control measure of corporations who are subjected to a criminal charge. The most common measures employed to control the collateral consequence of litigation comes in the form of pretrial agreements. Types of Pretrial Agreements a. Plea agreements Plea agreement is the most common form of pretrial agreement whereby a corporation pleads guilty to the most provable charge in the indictment. It requires an admission of guilt as a mitigating factor and in exchange for a lesser punishment including the avoidance of a jail term. The following memoranda sets the guidelines of a plea agreement between government prosecutor and the corporation investigated of a corporate crime. The Thompson Memo The Thompson Memo guidelines, Plea Agreement with Corporations set the limit of a prosecutor’s ability to bargain. Per Thomson memorandum, prosecut ors should only bargain to the most serious cases which is also known as â€Å"top count† policy. This memorandum requires the accused corporation to plead guilty on the charge and its provisions ensure â€Å"punishment, deterrence, rehabilitation, and compliance with the agreement. The deterrence mechanism of this policy comes in the hefty fines, mandatory restitution and compliance measures. The McNulty Memo The McNulty memo was drafted by Deputy Attorney General Paul McNulty as Guidelines for Prosecuting Corporate Fraud. This new memo removed few of the restrictions in the Thompson Memo to ensure the complete and fruitful corporate cooperation. The provision that were removed from the previous memo includes; â€Å"that the corporation waive attorney-client and work product protection, make employees and agents available for debriefing, disclose the results of internal investigation, file appropriate certified financial statements, agree to governmental or third-party aud its, and take whatever other steps are necessary to ensure that the full scope of the corporate wrongdoing is disclosed and that the responsible culprits are identified and prosecuted†. Filip Memo The Filip Memorandum is a revision of McNulty Memo and was updated on August 28, 2008. This process of revisions of the policy culminated in the incorporation in the final policy form into the United States Attorney’s Manual (USAM). This memo requires the prosecutors to ask permission from DOJ before requesting waivers of attorney-client privilege and work product protections during criminal investigations. In summary, Filip Memo; Prohibits prosecutors from asking protected materials from charged corporations. Not to treat refusal of such request as non-cooperation Prohibits prosecutors from including the disciplinary action of corporations in their evaluation of cooperation; and Refusal to cooperate in the part of corporation is not an admission of guilt b. Deferred prosecuti on agreements (DPA) The usage of deferred prosecution agreement as a resolution to a corporate criminal investigation is rare. It is an alternative disposition towards a corporate criminal case whereby government files the charge against the corporation in a court and agrees to â€Å"defer† the prosecution of the case and to dismiss the charge if the corporation pays the fines and rehabilitate itself. c. Nonprosecution agreem

Saturday, February 1, 2020

Are the GMO foods good or harmful to our health Research Paper - 1

Are the GMO foods good or harmful to our health - Research Paper Example Farmers are mainly focusing on cash crops modification such as corn, soybean, cottonseed oil, and canola. Genetic modification is done to help in resistance to herbicides and pathogens. Additionally, genetically modified foods are said to have a high nutrients profile. There are critics of the GMO who focus on environmental impacts and safety. GMOs are reported to damage the environment as well as violation of consumer’s and farmers right as some seeds are subject to intellectual property. Genetically engineered plants are produced in a laboratory. There is alteration of their DNA and assessments done to check whether the desired qualities are achieved. One of the most frequent modifications made is the addition to one or more genes to the plant’s genome. After the production of the desired plants, the producers register for approval so that they can test out in the fields (Skinner & Liang, 2004). GMOs have changing relationships to foods. Some GMO foods are consumed processed to remove its protein and DNA while others are consumed unprocessed. Other are used to generate unmodified foods. Animal and plant relationship differ in all aspects. GMO foods are associated with some advantages in either the consumption or production. They are created with the aim of providing products at lower prices and with significant benefits in terms of durability or nutritional value. The developers of GMO seeds desire that their products will remain acceptable to producers and the developers are concentrating on innovations that will directly benefit farmers. One primary reason for producing GMO is to improve crop protection. The GMO are aimed at raising crop protection through the introduction of diseases resistant crops caused by viruses and insects or plants that tolerate the herbicides (Duvauchelle, 2014). One of the reasons why people like GMO foods is because of their pest resistance. Crop losses from insects have