-
Essay / Defining Criminal Intent - 931
When discussing the connection between criminal intent and environmental law enforcement, you first need to know what criminal intent means. USLEGAL.COM defines criminal intent as “the intention to do something wrong or prohibited by law.” (Criminal Intent Law and Legal Definition) To help understand the meaning of intent, it is when a person makes a conscious decision to break the law. (What is CRIMINAL INTENT) Along with environmental laws and regulations, it states that one must knowingly commit an environmental crime in order to be prosecuted as a criminal. As noted in the Week 3 class notes, we learned that under the Resource Conservation and Recovery Act, if a person knowingly transports hazardous waste without a warrant, they can be criminally prosecuted and risk up to two years in prison and a fine of up to $50,000. one day fine.(Class notes of the third week)The essential thing when it comes to criminal prosecution the person must have criminal intent, which, in environmental law, replaces intent criminal by “knowledge”. Each act contains this and its own fines and penalties. A prosecutor could also go further by stating that the person was knowingly in danger. By knowingly endangering, you knew that committing the act was illegal, and in doing so, you endanger the human community, wildlife, and the environment at the same time. When a prosecutor decides to prosecute a cadet civilly or criminally, there needs to be a turning point. on which they decide. The main factor in a case involving criminal prosecution is the extent of the damage caused to the environment and the intent of the person who committed the crime. (Prosecution of environmental crimes: results of a national survey) With all the cr...... middle of paper ......d.). NCJRS. Accessed April 6, 2014, from https://www.ncjrs.gov/txtfiles/envir.txtSolow, SP (nd). Environmental law. Environmental law. Retrieved April 6, 2014 from http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/environmental.htmlThe Criminal Process in Environmental Regulator. (nd). UH Law. Accessed April 6, 2014, from http://www.law.uh.edu/faculty/thester/courses/Environmental-Practicum-2014/syllabus/chap6.pdfUSDOJ: Division of Environment and Natural Resources: Factors in Decisions relating to criminal proceedings. (nd). USDOJ: Division of Environment and Natural Resources: Factors in Criminal Prosecution Decisions. Retrieved April 6, 2014 from http://www.justice.gov/enrd/3058.htmWhat is CRIMINAL INTENT?. (nd). The legal dictionary. Retrieved April 6, 2014 from http://thelawdictionary.org/criminal-intent/