Sally operates a large manufacturing firm near a federal land ...

[dejastew]

Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?

Question 2

James Smith, a health inspector for the state of Missouri, inspected a restaurant owned by Salley Slick. Smith found numerous health violations in the restaurant and fined Slick accordingly. When Smith notified Slick of the infractions, Smith strongly suggested that 5,000 would sure prove handy in the Spring when he planned to purchase a new fishing boat. Slick understood Smith's obvious hint and offered Smith 5,000 if he would lose the paperwork concerning the failure of the restaurant to meet proper inspection guidelines. Smith accepted the 5,000 and lost the paperwork. One month later, Smith returned to the restaurant and told Slick that he would reappear every month and find violations unless Slick produced 1,000 each month to go toward the purchase of a fleet for Smith. Slick agreed to make the 1,000 payments. What crimes have been committed by Smith and Slick?

[Cnarkel]

Answer to Question 1

The Fourth Amendment requirement that a search warrant be issued before any search is conducted applies both to Sally's property and to that of the corporation. The Fifth Amendment right against self-incrimination applies to Sally, but not the corporation. Further, both Sally and the business organization are entitled to due process.

Answer to Question 2

Bribery occurs when a person's judgment is influenced through the giving of something of value, such as money, to benefit the giver. Smith is guilty of soliciting a bribe and of bribery itself. Smith sought to obtain a bribe and this constituted the crime of bribery solicitation. When the money came forth and was accepted, the crime of receiving a bribe occurred. When additional sums of money were requested, based solely on the request and no actual violations, the crime of extortion (blackmail) was committed. Acting on his authority as a health inspector, Smith is threatening action not based on violations, but rather by greed.
Slick is guilty of bribery of a public official to escape the payment of fines and damage to reputation that are the results of health code violations.

[dejastew]

TYSM

[nyrave]

Gracias!