Criminal Law Today (db2)

p THE LEGAL RESPONSES TO MANUFACTUREAND MISUSE OF METHAMPHETAMINES br The defendants have founder three kinds of laws . First , and most heavy , they have cook up methamphetamine . This is a felony crime . To bring the defendants to trial , they moldiness be indicted , and then time-tested before a dialogue box . If convicted , they face imprisonment for several years (Loewy LaFave IsraelSlightly less(prenominal)(prenominal) serious ar the environmental consequences of their acts Methamphetamine waste contains get or mercury , both extremely hazardous materials . By discard the waste into flower beds , these defendants have violated environmental apology statutes . While these squirt be handled as abominable matters , the political science tends to deal with these matters in quasi-criminal actions , such as forf eiture or restitutionary proceedings . These actions involve much less burden on the prosecution , because they avoid the 93proof beyond credible doubt 94 threadbare of purely criminal actions , while husking the defendant of the retention involved , such as his dwelling house . The goal is to cause the defendant to pay for the cost of an environmental cleanup which stooge be extremely expensive (HickokThe disly run in which the defendant 92s engaged is typically dealt with in jsutice judicatorys , which are conducted on a less formal basis than the lot courts of the state . These courts typically handle violations of various municipal ordinances , and their sanctions generally result in fines rather than even disapprobations to the county jailIn this case , in that respect is no tar embark on in stressful to prosecute the defendants for all of these offenses . First , they cannot be prosecuted in a single trial because of the concept of misjoinder of offenses .< br/>
Where a defendant stands incriminate of a serious offense , such as manufacturing methamphetamines , it is uncomely to simultaneously charge him with a unsubstantial offense because of the inhering prejudice of the major charge (Fed . R . Crim . Pro . 8 ) Further , even if the defendants waived this issue , the court cannot impose a longer sentence because of the overlapping spirit of the offenses . All sentences would be concurrent so that only the lengthy sentence , the sentence for the methamphetamine manufacturing would be effective . tending(p) this , prosecutorial efficiency calls for the defendants to be tried only for the manufacturing offense In a separate , court eous proceeding , the prosecutor can seize their home finished forfeiture proceeding SOURCES utilize Federal Rules of Criminal smudge , Rule 8 Hickok , Harold . mental institution to Environmental natural law (Albany , New York : Delmar Publishers . 1996 LaFave , Wayne , Jerold Israel Nancy King . Criminal Procedure (Eagan Minn : Thomson /West print , 1999 Loewy , Arnold H . Criminal Law . 3d ed (St . capital of Minnesota , Minn : Thomson /West Publishing , 2003...If you want to get a profuse essay, order it on our website: BestEssayCheap.com

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