1. It is said that corporations can have liability for criminal actions. However
ID: 1139739 • Letter: 1
Question
1. It is said that corporations can have liability for criminal actions. However, it is also said "doctrine of sovereign immunity". The last time I checked China is still a communist country and the Chinese government owns controlling interest in all entities even if a portion of the entity has stock that is publicly traded on an exchange.
As such, recently a Chinese company purchased and received approval from our Federal government to close on the sale of Smithfield Foods. Smithfield Foods is the largest pork producer in the US. So if the Communist government of China allowed for the food supply to be tainted wouldn't they be immune verses if a US company did the same infraction? Elaborate.
2. If a person gets charged with a crime for violating a state statute, could that person also be charged with a crime if that person violated a federal statute or would "double jeopardy" come into play?
3. When a person has an encounter with the police and that person wants to know if they are allowed to leave the encounter what should that person do?
Explanation / Answer
ANSWER:
1.China's government has in the past 30+ years taken advantage of both the hardworking Chinese people and the good intentions and wishes of other peoples. It has been encouraging Chinese companies to play underhandedly. Shuanghui, for one, has been selling in China and Asia millions of tons of sausages loaded with preservatives and colorings and stabilizers allowing these sausages shelf-life of years instead of the usual weeks. Do we need Shuanghui's unethical practices in the US when it acquires Smithfield? China needs to live by common universal values before the rest of the world including the US can accept it as a fair player in the game. Chinese people living in the US have a particular responsibility to let their friends in China know this. But because China is a communist country vs. the US as a democratic country…China holds all the cards because they own the franchise. If we want to enforce stricter sovereign immunity – we need to make adjustments to how we govern our corporations. Place stricter guidelines and laws that limits what the foreign country can and is allowed to do within the manufacturing walls of US companies.
2.Most crimes that come to mind – murder, robbery, burglary, arson, theft, and rape – are violations of state law; state legislators have used their general police power to regulate the conduct and the state has jurisdiction (the power to decide the case). There are fewer classes of federal crimes because while state lawmakers can pass just about any law, as long as it is constitutional, federal lawmakers can pass laws only where there is some federal or national interest at stake. For example, counterfeiting is a federal offense because it is the federal government’s duty to print money. In practice, federal interest is very broadly defined. The federal government has jurisdiction over the following crimes.
3.Ask the police officer calmly and nicely, “Officer are you detaining me or am I free to go?”
It might make them extra cautious of violating my rights.
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