Environmental crime trials

Description

"Obtaining an environmental crime conviction can be a daunting task for any prosecutor. There are many challenges to be met and overcome, all of which may impact upon the success or failure of the criminal environmental prosecution. This text s focus is primarily on those issues associated with the collection and analysis of scientific evidence and other types of physical evidence that are normally associated with an environmental crime trial. Specifically, the book examines the environmental crime scene evidence collection issues normally associated with criminal prosecutions involving hazardous wastes and hazardous substances and their subsequent release to the environment. The myriad of evidence collection and analysis issues raised here focus on the equipment, procedures, protocols, training and documentation required in order to properly collect this unique type of criminal evidence. Additionally, the text provides a detailed description of the documentation that should be requested for examination by defense experts prior to the commencement of an environmental criminal trial and provides complete explanations as to their evidentiary and potentially exculpatory significance. The text will also provide the environmental defense attorney with viable alternatives to the all-too-common environmental scientific evidence stipulations and also provides a detailed analysis of the commonly self-induced vulnerabilities found in many criminal environmental prosecutions involving hazardous wastes and substances. The book also includes numerous and specific cross-examination questions and follow-up questions for the government s technical witnesses -- questions, that in many instances, the prosecution would rather have left unasked. Armed with the knowledge provided here, the environmental crimes prosecutor will be able to provide initial guidance to the investigative team that may minimize or eliminate many errors often made during the early evidence collection stage of a criminal environmental investigation. For the defense attorney, the book provides a consequence analysis of the potential criminal evidence collection errors committed by regulatory- trained individuals and contractors who have little or no criminal evidence collection or crime scene investigation training."

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