solution

The court in Case 7-1 was guided by a fundamental principle that it did not explicitly state: To the extent that one has authority, he or she also has responsibility and can be liable for criminal action. This guiding principle played a significant role in the Court’s justification (i.e., reasoning) for its decision. Context was very important in the formulation of this principle, as well as in its application to Case 7-1. Key facts, primary ethical norms, and judicial precedent were important elements of this context. Consequently, the questions that follow focus on those aspects of Case 7-1.

1. What key fact was very important to the Court in its determination of Park’s guilt? Clue: Think again about the Court’s guiding principle in this case.You want to identify the key fact that allowed the Court to apply the principle to this particular case.

2. Precedent plays a crucial role in the Court’s reasoning and, thus, in its decision. What key precedent in criminal law did the Dotterweich decision dispense with, thereby clearing the way for the guiding principle discussed previously to take on greater significance and make conviction in the present case possible? Clue: Reread the section in which Justice Burger discusses the Dotterweich decision.