Legal Issues

Paper Summary:

This paper explores the legal issues of jurisdiction, double jeopardy, punitive damages vs. criminal cases and forfeiture laws. The paper points out that a legal analysis of the O.J. Simpson case shows that a criminal prosecution involves different laws, a different court system and a different burden of proof than in the second trail, which was a civil case for wrongful death in which it was only necessary to show only that the defendant was legally responsible for the death. The paper then discusses the issue of jurisdiction regarding the Woburn, Massachusetts case. The paper refers to the U.S. Supreme Court discussion surrounding the Fourth Amendment.

From the Paper:

"In the case raised in Woburn, Massachusetts, issues of jurisdiction emerged as the company being sued successfully managed to get the case transferred from state court to a federal court. The issue raised was based on the discovery that the municipal water supply for the town of Woburn included a well that intermittently pumped water into the Woburn drinking water supply until sometime in 1979, in spite of complaints from the residents of East Woburn that the water had an odor and a chemical taste. An illegal drum dump was found in 1979, and the water was tested and found to contain the industrial solvent trichloroethylene (TCE)."

Sample of Sources Used:

• Epstein, Aaron. "Supreme Court Rules Crime related Property Can Be Seized." Knight Ridder/Tribune News Service (June 24, 1996), 624.
• Weisholtz, Adam. "The Forfeiture Exception: Warrantless Seizures (and Searches) in the Wake of Florida v. White." Nova Southeastern University (Fall 1999). http://www.fear.org/weisholtz.html.
• "What's the Difference Between a Civil and a Criminal Conviction?" NOLO (2000). February 21, 2008. http://www.nolo.com/article.cfm/objectId/AF4E5033-8D1B-4B34-B0506F516F171C37/104/143/272/QNA/.
• Yurica, Katherine. "Has Judge Alito Violated His Oath of Office? Is There a Legal Tie-in Between Abortion and Corporate Power in the U.S.?" (11 Nov 2005). February 21, 2008. http://www.yuricareport.com/BattleForJudiciary/HasJudgeAlitoViolatedHisOathOfOffice.html.

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