Contributed in 2008 & last edited in 2009 by Peter Tillers
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Is the routine practice of an organization admissible to show the conduct of a natural person as well the conduct or behavior of the organization on a specific occasion. Analytically the distinction is almost meaningless since organizations act through persons. But the question serve a purpose. First, it highlights the fact that here a routine volitional practice is being offered to show volitional conduct on a specific occasion. Second, the murkiness of the distinction between the conduct of an organization and the conduct of a person on a specific occasion raises the question of whether the routine practice of an organization is admissible to show the criminal conduct of a natural person on a specific occasion. The notion that an organizational routine -- without more -- could be used to establish a person's criminal liability is troublesome.
Posted in 2008 by Peter Tillers

