Criminal Law Today (db2)

p THE LEGAL RESPONSES TO MANUFACTUREAND MISUSE OF METHAMPHETAMINES br The defendants have vilify three kinds of laws . First , and most heavy , they have represent methamphetamine . This is a felony crime . To bring the defendants to trial , they moldiness be indicted , and then tried and true before a duologue box . If convicted , they face imprisonment for several years (Loewy LaFave IsraelSlightly little serious argon the environmental consequences of their acts Methamphetamine waste contains current of air 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 twist matters , the political science tends to deal with these matters in quasi-criminal actions , such as forfeiture or restitutionary proceedings . These actions involve much little burden on the prosecution , because they avoid the 93proof beyond comely doubt 94 threadbare of purely criminal actions , while discovery the defendant of the retention involved , such as his hearth . The goal is to cause the defendant to pay for the cost of an environmental cleanup which stooge be extremely expensive (HickokThe disly acquit in which the defendant 92s engaged is typically dealt with in jsutice judicatorys , which are conducted on a less formal basis than the travel courts of the state . These courts typically handle violations of various municipal ordinances , and their sanctions by and large result in fines rather than even execrations to the county jailIn this case , thither is no tar embark on in nerve-racking 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 .

Where a defendant stands charge of a serious offense , such as manufacturing methamphetamines , it is untoward to simultaneously charge him with a unsubstantial offense because of the inborn 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 , obl iging proceeding , the prosecutor can seize their home with forfeiture proceeding SOURCES utilize Federal Rules of Criminal billet , Rule 8 Hickok , Harold . mental institution to Environmental equity (Albany , New York : Delmar Publishers . 1996 LaFave , Wayne , Jerold Israel Nancy King . Criminal Procedure (Eagan Minn : Thomson /West make , 1999 Loewy , Arnold H . Criminal Law . 3d ed (St . capital of Minnesota , Minn : Thomson /West Publishing , 2003...If you want to get a amply essay, order it on our website: BestEssayCheap.com

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