Explain how winning this kind of high profile case will benefit the Task Force?
Based on this week’s readings and your own research, please discuss the following questions regarding the hypothetical problem that was explained to you at the close of this week’s Lecture Notes.
(1) In formulating his litigation strategy, Justice must decide whether to prosecute the case criminally or to pursue a civil suit. Based on the reading assignments and what you have learned thus far in the course, what factors are critical to making this decision? Explain why these factors are important. How will he use the evidence to build his case? (Hint: Remember that in showing harm in a hazardous waste case the “potential for harm” created by the illegal acts is as important as actual harm.)
(2) John Justice is concerned that the judge who hears the case will not consider the violations to be serious enough to rise to the level of a criminal act. Also, he anticipates a good deal of sympathy for T.J., who is well liked in the community. How can the prosecutor convince the judge and jury of the seriousness of what occurred? How should he present the evidence? Who should he call as expert witnesses to help make his case? (Hint: remember that hazardous waste is inherently dangerous; either poisonous, explosive, or a fire hazard.)
(3) Is the evidence against Tony Soprano any stronger in this case than in the case in Georgia? If so, how may the prosecutor use it to his advantage? Should he consider taking a plea Freon T.J., if T.J. will risk testifying against Tony? What message would a decision to pursue the notorious New Jersey crime boss send to the regulated community and to any potential violators?
(4) How can the Task Force use available data to help build a case against T.J. and possibly Tony Soprano? Explain how winning this kind of high profile case will benefit the Task Force? What is Prosecutor Justice’s role on the Task Force? Why does effective communication among the Task Force members play a critical role in whether the prosecution prevails in this case?
Remember to give reasons for your answers not just conclusions. You may want to cite to your textbook for authority to support your arguments by giving a page and paragraph number. Feel free to use other authority, if you like. Remember to use the proper citation style as outlined in the syllabus.
Text Book Links:
1. Burns, Lynch, and Stretesky, Chapter 8: http://ezproxy.apus.edu/login?url=http://www.apus.eblib.com/patron/FullRecord.aspx?p=837740
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2. Course Lecture Notes – Week 6
3. EPA Criminal Enforcement
4. Principles of Environmental Enforcement – Chapter 8
To conclude what is your position on the resent Lead poison issue at Flint Michigan USA. Should the head of department be brought to Justice? Relate