Wednesday, October 16, 2019
Corporate conflict and analyze the legal case Research Paper
Corporate conflict and analyze the legal case - Research Paper Example The key factor that denies the organization an appeal is its own guilty plea regarding the environmental crimes it had been charged with. Secondly, the organization opted for an administrative Consent Agreement and Final Order (CAFO) as a way of getting a resolution to the violations. Among the limited conditions under which the courts can accept the withdrawal of a guilty plea is if it is presented before the judges have accepted the plea, and that is usually in the pre-sentence scenario (Weaver, 2001). It could also be accepted before defendants have been sentenced. Further, Walmart cannot show that they were served with obvious injustice because of conditions that existed during the time they were charged with the environmental crimes. The organization was aware of federal laws that required them to determine hazardous waste, prepare its manifest, and handle and dispose it as stipulated but failed to meet those requirements. At the same time, Walmart contracted Greenleaf to recycle its pesticide products, yet Greenleaf lacked the capacity for handling such products, which lead to the release of hazardous substances. Although it is not clear whether or not Walmart of aware of this lack of capacity, it was their legal responsibility to establish whether Greenlea f met all the requirements stipulated by law. This means that Walmart becomes legally responsible for contractors conducting business on its behalf. It can, therefore, be shown that the judgment served was sufficient to hold the organization accountable for its own as well as its contractorââ¬â¢s illegal and irresponsible business conduct that was a threat to the environment and life. Walmart may also not appeal against the ruling because there are no sufficient indications that they are not guilty because of lack of understanding the charges or consequences of pleading guilty. That can be demonstrated by United States v. Spencer, 836 F.2d 236, 239 (6th Cir. 1987). If the lawyers entered the guilty plea
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.