Criminal Law Today (db2)

p THE LEGAL RESPONSES TO MANUFACTUREAND MISUSE OF METHAMPHETAMINES br The defendants have violate three kinds of laws . First , and most heavy , they have manufacture methamphetamine . This is a felony crime . To bring the defendants to trial , they mustiness be indicted , and then tried before a dialog box . If convicted , they face imprisonment for several years (Loewy LaFave IsraelSlightly less serious are the environmental consequences of their acts Methamphetamine waste contains lead 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 criminal matters , the political science tends to deal with these matters in quasi-criminal actions , such as forfeiture or restitutionary proceedings . These actions involve much less burden on the prosecution , because they avoid the 93proof beyond reasonable doubt 94 threadbare of purely criminal actions , while stripping the defendant of the retention involved , such as his home . The goal is to cause the defendant to pay for the cost of an environmental cleanup which stooge be extremely expensive (HickokThe disly conduct in which the defendant 92s engaged is typically dealt with in jsutice judicatorys , which are conducted on a less formal basis than the circuit courts of the state . These courts typically handle violations of various municipal ordinances , and their sanctions largely result in fines rather than even sentences to the county jailIn this case , there is no tar embark on in trying 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 accused of a serious offense , such as manufacturing methamphetamines , it is improper to simultaneously charge him with a unsubstantial offense because of the inherent 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 , civil proceeding , the prosecutor can seize their home through forfeiture proceeding SOURCES utilize Federal Rules of Criminal bit , Rule 8 Hickok , Harold . mental institution to Environmental Law (Albany , New York : Delmar Publishers . 1996 LaFave , Wayne , Jerold Israel Nancy King . Criminal Procedure (Eagan Minn : Thomson /West Publishing , 1999 Loewy , Arnold H . Criminal Law . 3d ed (St . Paul , Minn : Thomson /West Publishing , 2003...If you want to get a full essay, order it on our website: Ordercustompaper.com

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