Reference no: EM133264610

Assignment:

Involuntary Manslaughter

Be a Manager and Stay Out of Jail!

Silver Recovery, Inc. located in Hollywood California removes silver from photographic film through a process that involves dipping used photographic film into tanks of cyanide solution. Francois, a 60-year-old employee of the firm, was responsible for maintaining the tanks. Francois, who spoke no English, learned how to perform the job by watching other workers. There was no formal training program at the 20-employee plant. Over a period of several years, employees who worked around the cyanide tanks periodically suffered from headaches, dizziness, and minor respiratory ailments. At one point, OSHA, a federal safety agency, inspected the plant, notified Silver that the illnesses may have resulted from cyanide exposure, and recommended changes in ventilation and equipment. Tom and Dick, president and vice president of Silver, ordered that some changes be made. Later, while cleaning a cyanide tank, Francois collapsed and died. The state charged Silver, Tom and Dick with involuntary manslaughter.

Assignment: Make sure you show me the ANALYSIS!

1. What happened here?

2. What is involuntary manslaughter? List each part of the definition separately. When you use the Internet to find the explanations, provide the URL and explain why you think this is a good source of information.

3. What additional facts would you need to know in order to determine whether the company, Tom or Dick could be found guilty of involuntary manslaughter? In other words, what else do you need to know in order to make a decision?

4. Apply the definition to reach a conclusion whether Silver, Tom or Dick is guilty of manslaughter. Explain how you reached each conclusion. What examples support your conclusion?

5. Should individual managers face criminal liability for their conduct as managers?