Criminal Law Newsletters
Criminal Liability For Violating the Clean Air Act
The Environmental Protection Agency (EPA) has established national air quality standards with respect to certain air pollutants. The Clean Air Act requires that states develop a plan that: implements the EPA standards, maintains the standards developed by the EPA and enforces the standards under the EPA.
Food Drug and Cosmetic Act
A corporation, a corporate officer, a corporate director or a corporate employee may be charged with violating the Federal Food, Drug, and Cosmetic Act. The Act prohibits the misbranding and adulterating of food, drugs, or cosmetics. A violation of this act is generally classified as a misdemeanor. However, if the defendant violated the Act with the actual intent to defraud or mislead, the classification of the offense is elevated to a felony.
JURY INSTRUCTIONS ON REASONABLE DOUBT
A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.
Juvenile Proceedings
Juvenile proceedings are different from regular criminal proceedings because they are tailored toward juveniles, children under the age of 18. Every state has a different type of system set up to handle their juvenile matters. Some states have an actual juvenile court, other states place juvenile matters under the guise of the family or probate court. However, most courts that have jurisdiction to hear juvenile matters may transfer the case to a trial court when the offense charged is severe. The process of transferring a juvenile case is often referred to as waiving jurisdiction.
Recusal of Judges
The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself.
