Criminal Law Today (db2)

p THE LEGAL RESPONSES TO MANUFACTUREAND MISUSE OF METHAMPHETAMINES br The defendants have mishandle 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 must be indicted , and then try before a talks box . If convicted , they face imprisonment for several years (Loewy LaFave IsraelSlightly less(prenominal)(prenominal) serious atomic number 18 the environmental consequences of their acts Methamphetamine waste contains function 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 sad matters , the political science tends to deal with these matters in quasi-criminal actions , such as forfeitu re or restitutionary proceedings . These actions involve much less burden on the prosecution , because they avoid the 93proof beyond sensitive doubt 94 threadbare of purely criminal actions , while find the defendant of the retention involved , such as his kin . The goal is to cause the defendant to pay for the cost of an environmental cleanup which stooge be extremely expensive (HickokThe disly have a bun in the oven in which the defendant 92s engaged is typically dealt with in jsutice judicatorys , which are conducted on a less formal basis than the lap covering courts of the state . These courts typically handle violations of various municipal ordinances , and their sanctions more often than not result in fines rather than even reprobates to the county jailIn this case , at that place is no tar embark on in nerve-wracking to prosecute the defendants for all of these offenses . First , they cannot be prosecuted in a single trial because of the concept of misjo inder of offenses .

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

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