Ok, just for starters, this question comes from an episode of Law and Order. I understand that it is TV and not real life. That being said, can the DA really do this? On the show, a big company was found to have poisoned several people and sickened and entire low rent apt building. The CEO of the company was given the choice to pay all medical bills for the tenants of the building for life or face charges. That can't ahppen right? That would seem like blackmail on the part of the DA and being able to buy your way out on the part of the CEO. Or is it different because it is a company and not a single person? My thoughts are that it can not happen fo the reasons sated above. Am I correct?
2007-10-22 15:52:12 · 6 answers · asked by Scott B 4 in Politics & Government ➔ Law Enforcement & Police
Ya, Law & Order used to be pretty close to real life, but I guess they ran outta plots and started to fake a lot.
No................ there is a huge line between civil and criminal law.
A DA only deals with criminal prosecution.
Private attorneys deal with civil damages and restitution.
So, long story short............. You are correct........ that never would happen. It would be againts the laws of appelete procedure in criminal court.
2007-10-22 16:11:39 · answer #1 · answered by Dog Lover 7 · 2⤊ 2⤋
I think I saw that episode. Complete BS. I think the premises of the show was the DA could not link the decision to use the toxic product to anyone in the company with enough evidence to prove it in court. But the bad publicity would ruin the company and not help the stricken victims. So, I guess this was supposed to be a win-win for all involved. I think in real life the wealthy CEO would have laughed at the DA. The CEO already has his money and probably could care less if the company survived or went under. Most civil courts probably would have found for the victims anyway and the DA would have been booted out of office for making such a "sweetheart" deal.
2007-10-22 23:01:38 · answer #2 · answered by Anonymous · 0⤊ 1⤋
I am not sure how enforceable the agreement would be. If the DA has the authority to file either a civil law suit or a criminal charge (and some state AG's would have that authority), such an agreement might be within the scope of the powers in dealing with a corporation that may have committed an environmental crime.
It is a lot easier to impose civil penalties on corporations (in some cases there is strict liability for law violations) than it is to impose criminal penalties (which typically require approval of the improper act at a high level of the company).
2007-10-23 02:41:55 · answer #3 · answered by Tmess2 7 · 0⤊ 0⤋
UNDER WHAT ROCK HAVE YOU BEEN HIDING?
HAVE YOU EVER HEAR OF THE LOVE CANAL CASE?
HOW ABOUT THE MOVIE BASED ON AN ACTUAL FACT JUST LIKE THIS: "ERIN BROCKOVICH?"
ALSO WHAT ABOUT MONSANTO'S CASE IN ALABAMA?
ALSO THE DRAINING OF HAZARDOUS WASTE DUMPS. LAW SUIT AND ENVIRONMENTAL CLEAN UPS STILL UNDER INVESTIGATION.
MANY OF THE LAW AND ORDER SERIES ARE TAKEN FROM ACTUAL CASES.
THE ONE YOU ARE TALKING ABOUT WAS REAL AND BECAUSE OF IT MAJOR LAWS HAVE CHANGED OVER THE YEARS ABOUT SLUM LORDS. YOU AS A TENANT HAVE A RIGHT TO EXPECT CERTAIN THINGS. RUNNING WATER, HOT / COLD WATER, A TOILET THAT WORKS ETC. THESE SLUM LORDS USE TO KICK TENANTS OUT WHO COMPLAINED AND WENT TO THE DA WITH INFORMATION.
2007-10-23 00:51:25 · answer #4 · answered by ahsoasho2u2 7 · 1⤊ 1⤋
It can happen, and probably does.
The cost of prosecution is expensive, and it is very time consuming.
If they agree to pay the medical bills, it saves the govt. time, and money, and helps out the people who were directly affected.
2007-10-22 23:01:30 · answer #5 · answered by bgee2001ca 7 · 3⤊ 0⤋
It would be blackmail on the part of the D.A.
So no it wouldn't be feasible.
The CEO would just say, "sue me."
2007-10-22 23:07:10 · answer #6 · answered by E. F. Hutton 7 · 1⤊ 2⤋