Final - Brian Fleck Page 1 Final CRP 404 Part 1 Essay#2...

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Brian Fleck Page 1 5/12/2009 Final – CRP 404 Part 1 Essay #2 Assuming that I am the U.S. Attorney for the Northern District of California, I would choose not to prosecute the company as a whole, and allow for private civil suits to be filed. In attachment C, there is not specific evidence to hold the crew or the head honchos of the company responsible. Attachment C does not show who or what is at fault. From what I have heard on the news, it was foggy and visibility was low at the time. I have not heard whether there was a final report released or not, but it is not in attachment C. This leads to not prosecuting the ship company due to lack of evidence. Yes, they did it, but it is not clear who or what is liable for the oil spill. I think that the ship company should be held financially responsible for all damages caused (both present and future), and they should also have to pay extra for the trouble they put others through. They should also be required to start an environmental protection society, which looks at cleaning methods. This would be something like the stipulation the Jan has in the book A Civil Action , where he wants the defendants to start a cancer research center. One can also infer the defense of the ship captain by saying that it was an accident and that it was not his fault, and that he should have had more up to date equipment. The head honchos would also probably defend themselves in a criminal trial by saying that they are not responsible for the maintenance and upkeep of every single ship in their fleet and that they have more important things to do. Both the captain and the head honchos would have a solid criminal defense, and it would be hard to put them in jail, but they would be hit with fines/private civil suits. Even though there is pressure from outside sources criticizing out department and saying that we have not prosecuted, I would point them in the direction that these firms are being hit hard with fines, and that the fines do in fact play a part in the decision making process of big companies. In the book A Civil Action , Jan talks with Al Eustis, who says, “The cash register’s
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Brian Fleck Page 2 5/12/2009 empty at eight million.” This shows that big companies do feel a dent in their
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