CONSTITUTIONAL LAW-DUE PROCESS-PUNISHMENT FOR ACTS DONE WITHOUT CONSCIOUSNESS OF WRONGDOING

Authors

Benjamin M. Quigg, Jr. S.Ed., University of Michigan Law SchoolFollow

Abstract

In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that defendant's liability is vicarious in nature and is without knowledge or consciousness of any wrongdoing, we properly might give some consideration to the propriety and constitutional justification for the imposition of such liability.

Recommended Citation

Benjamin M. Quigg, Jr. S.Ed., CONSTITUTIONAL LAW-DUE PROCESS-PUNISHMENT FOR ACTS DONE WITHOUT CONSCIOUSNESS OF WRONGDOING, 42 Mich. L. Rev. 1103 (1944).
Available at: https://repository.law.umich.edu/mlr/vol42/iss6/9