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An Ice Cream Company Known as Super Cream Distributes Ice

Question 60

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An ice cream company known as Super Cream distributes ice cream to all of the local grocery stores in an area northeast of Dallas, Texas, and just north of Houston. Additionally, Super Cream operates retail ice cream trucks that sell individual ice cream bars to local neighborhoods in all of the major cities within the area. Super Cream leaves the hiring of each driver/salesperson up to local hiring agencies in each city and has no established hiring policy other than that the driver must have a clean driving record. One of the drivers, JB Hemphill, hired for a delivery route in Tyler, Texas, unknown to the agency and the Super Cream Corporation, has an extensive criminal history including sexual assault of a minor. Shortly after JB takes over the route, multiple missing children are reported throughout Tyler. A year later, investigators close in on JB and discover he is responsible for the kidnapping, assault, and death of eight young girls.
Analyze this case and evaluate the criminal and civil liability, if any, that may fall back on the Super Cream Corporation and each employment agency that is contractually bound with the corporation. Should investigators pursue the case any further? If so, what type of investigation should be launched and how would the investigators pursue the evidence required in the investigation. Should the corporation be offered deferred prosecution agreements to assist in further investigation?

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Vicarious liability, corporate vicarious...

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