For Your Data Us V. Weitzenhoff Instance Brief Summary
February 22, 2019
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US v. Weitzenhoff case brief summary
FACTS
- The Clean Water Acts makes it a federal felony to “knowingly” violate the CWA.
- The industrial plant life managers were convicted when their sewage excogitation violated the CWA as well as the courtroom industrial plant life concealment.
- The officials arranged for the discharge to hold out done inwards a way that avoided detection yesteryear set down as well as federal authorities.
HOLDING
The authorities did non require to examine that defendants knew that their acts violated either the National Pollution Discharge Elimination System allow or the CWA. Criminal sanctions were appropriate if defendants knowingly engaged inwards comport that resulted inwards allow violations.
DISCUSSION/ANALYSIS
1. The courtroom industrial plant life that the term knowingly encompasses noesis of the unlawful act, non noesis of the law. The courtroom stated that criminal sanctions are to hold out imposed on an private who knowingly engages inwards comport that results inwards a allow violation, regardless of whether the polluter is cognizant of the requirements or fifty-fifty the existence of the permit.
2. The courtroom stated “because they utter inwards price of causing a violation, the congressional explanations…strongly propose that criminal sanctions are to hold out imposed on an private who knowingly engages inwards comport that results inwards a allow violation, regardless of whether the polluter is cognizant of the requirements or fifty-fifty the existence of the permit”
RULES
The authorities require non exhibit that the accused knew he was violating the police line simply that he was engaging inwards unsafe comport that could. Govt. must exhibit ∆ knew he was dumping toxins inwards the ocean. Folks who shout out upward they’re dumping something else simply inwards fact are dumping toxins would non hold out covered.
CONCLUSION
The authorities did non require to examine that defendants knew that their acts violated either the National Pollution Discharge Elimination System allow or the CWA. Criminal sanctions were appropriate if defendants knowingly engaged inwards comport that resulted inwards allow violations.
DISCUSSION/ANALYSIS
1. The courtroom industrial plant life that the term knowingly encompasses noesis of the unlawful act, non noesis of the law. The courtroom stated that criminal sanctions are to hold out imposed on an private who knowingly engages inwards comport that results inwards a allow violation, regardless of whether the polluter is cognizant of the requirements or fifty-fifty the existence of the permit.
2. The courtroom stated “because they utter inwards price of causing a violation, the congressional explanations…strongly propose that criminal sanctions are to hold out imposed on an private who knowingly engages inwards comport that results inwards a allow violation, regardless of whether the polluter is cognizant of the requirements or fifty-fifty the existence of the permit”
RULES
The authorities require non exhibit that the accused knew he was violating the police line simply that he was engaging inwards unsafe comport that could. Govt. must exhibit ∆ knew he was dumping toxins inwards the ocean. Folks who shout out upward they’re dumping something else simply inwards fact are dumping toxins would non hold out covered.
CONCLUSION
Held: “knowingly” inwards the statute way knowing of comport that violates the law. Unlike guns, which 1 could ain without automatically existence on notice that it is capable of surgical operation equally a machine gun, dumping toxins into the sea automatically puts the reasonable mortal discharger on notice that his acts may pose a world danger.
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