Imagine being accused of doing something horrible, but didn’t do it. Charges could be placed that could cause money, jobs, and belongings to be lost. Recently, something like that happened. There was a crash that involved a truck from the chem supply co. Nobody was hurt, but dangerous chemicals got into Corn on the Cob farm, and Critter Craze Meadow’s creek. The chem company spent 7 hours of their time cleaning up the debris.The State claims that the CHEM company, caused this damage, but the Chem company is innocent. The CHEM company has never been accused of having harmful chemicals and that the chemicals were environmentally friendly. The evidence collected from the scenes proves that the chem company is not guilty. First of all, none of the samples from Corn on the Cob Farm match the samples from the truck, the chemicals in the water were in the creeks long before the crash, and the facility, which has been suspected of dumping chemicals into the waterways, was right next to the crash site. The chemicals found in the creeks came from the fields, not the truck. A lab report was filed and showed that two chemicals, nitrogen and phosphorus, were in the creek. The chem team compared the two substances confirmed that the characteristic properties of phosphorus and nitrogen were different from all of the characteristic properties in the truck. In order for the two substances …show more content…
to be the same, they have to have the same set of characteristic properties. Just like fingerprints, characteristic properties are what distinguishes all substances, no two fingerprints, or characteristic properties can be the same. But the characteristic properties were different and couldn’t have come from the truck. Where did the phosphorus come from? The answer...fertilizer, the phosphorus came from fertilizer. When there is an body of water next to an area of land that has fertilizer, when it rains the fertilizer runs down the hill and collects in the body of water. The fertilizer speeds up the germination of algae. After a certain period of time, algae starts growing rapidly and soon the majority of the water is algae! But too much algae creates areas of little to no oxygen called “Dead Zones”. Fish need oxygen to live, and when this oxygen was depleted so rapidly, the fish died, proving that the chem team didn’t cause the chemicals in the water. Another chemical found in the creek was Nitrogen. Nitrogen is used on farms to grow crops as it is essential for plant life, but like phosphorus, too much nitrogen can lead to hypoxic water conditions. Nitrogen is natural in the environment and, in fact, is 70% of what humans breathe. But when it is used too much in fertilizers, it will flow with rainfall from land to the creek. Nitrogen causes the overgrowth of algae as explained. These chemicals came from fertilizer that had been there longer than the crash. The chemicals in the creek did not come from the truck.
To start, the chemicals in the creek didn’t even match the ones in the truck. The chem team compared the data and found that none of the chemicals from the creek matched the ones from the truck. A lab report explained that none of the characteristic properties of nitrogen and phosphorus, which was found in the matched any of the characteristic properties from the substances in the truck. If the substances don’t match, then how could they have been in the truck? The chem team obviously isn’t the cause of the chemicals being in the
creek. There is a facility right next to the crash site that has been suspected of dumping chemicals. Factories and stores alone dump up to 250 million tons of polluting waste each year. This factory, however, has been accused of dumping chemicals before, so it has a bigger target. It’s obvious that the chem team isn’t responsible for the chemicals found in the creek. The chemicals had to have come from somewhere! Fingers point to the factory because it has been accused of dumping chemicals. The chem team isn’t responsible for the damage done to the farms because none of the samples from Corn on the Cob Farm match the samples from the truck, the chemicals in the water were in the creeks long before the crash, and the facility, which has been suspected of dumping chemicals into the waterways, was right next to the crash site. All evidence points to the state being responsible for this. If none of the substances matched the ones on the lab report, there’s no way that the chemicals from the creek came from our truck. The chem team is not guilty.
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
Arnold & Porter chose to sue Pittston rather than the Buffalo Mining Company because the value of the corporation allowed for adequate compensation to the victims. Author and head lawyer for the plaintiffs, Gerald M. Stern, writes that the original goal was sue to sue for $21 million for the disaster to have a material effect on the cooperation (51). To avoid responsibility Pittston attempted to prove that the Buffalo Mining Company was an independent corporation with its own board of directors. The lawyers for the plaintiffs disproved this claim by arguing the Buffalo Mining Company never held formal meetings of the board of directors and was not independent of the parent company. During this case Pittston’s Oil division had applied to build an oil refinery in Maine. The ...
What (if any) further evidence should be ascertained before the county fully understands the legal implications of its actions?
Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the
In the beginning of the movie, the mothers of the victims went to Mr. Schlichtmann who was the lawyer that ultimately helped them with their case. All they ultimately wanted was an apology. However, Schlichtmann worked for a small firm. This firm typically took clients who are too poor to pay usually rather expansive legal fees in hopes of winning and receiving a chunk of a large settlement. As he sits and listens to the devastated mothers of the affected children, he contemplates if this is a case that would be worthy of getting involved with. Ultimately, as he did get involved with the case, he was able to prove that there was proximate cause. It is evident that various people were injured/hurt in this incident. Proximate cause is the defendant having foreseen the possible outcomes a such a situation and in this case it is easy to tell the possibilities of allowing hazardous waste into drinking water and even destructing the
Before the jury decides a verdict, the last step in the trial process is the closing arguments. There were no closing arguments because the parties had to settle on nine million dollars. They did this because the plaintiff’s attorneys went bankrupt due to this case and they couldn’t afford to invest any more money into the case. Beatrice Foods ended up being not liable for the deaths of children so they were allowed to leave the case. Due to this, only W.R. Grace had to settle with the plaintiff. Later on in 1988, Jan Schlichtmann brought this case to the EPA’s attention and the EPA decided to bring lawsuits against the companies. W.R. Grace and Beatrice Foods ended up having to pay for their huge mistake. They had to pay for the largest chemical cleanup in the Northeastern which cost sixty- four million dollars.
They had an alibi witness, a gas receipt, a ticket on the day of the murder. A police officer who would not come unless the judge subpoena him and the judge of course refused and would not pay the $650 to summon him. There were also two jailhouse snitches who lied about their testimony. The police misconduct was used in how they charged these individuals originally and how they have been accused initially with robbery, which later turned into murder. The police created the story and intimidated an eye witness who refused to testify and threatened to charge her with the murder if she refused. The attorneys told a moving tale and Ron Keine and company ended up being convicted. This case was before DNA testing but what exonerated these individuals was the actual murder confessing to the crimes. The entire case seemed like a fluke and malicious attack on these people. A guy in Carolina, confessed to all charges and had an epiphany and told the police where the weapon was located and how everything happened and how he dragged the body. He had to fight to get the police to accept his confession because the police were acting as if they already had their
The amount of air and water pollution Helena Chemical had cost the disadvantaged and vulnerable population of Mesquite, and the way the company has handled its practices are unethical. Rawl's theory of justice also proves Helena Chemical has made many unethical and unfair decisions in regard to the vulnerable residents of Mesquite, NM.
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
Negligience is the major key to be considered. Most businesses only care about profit and neglect the hazard they pose on the environment. The two companies were making so much money that it wouldn’t cost a lot to clean up considering the profit they make. They eventually paid $69million but what about the destiny that has been destroyed because of their negligence. They knew dumping of these chemicals was polluting the local water and causing life threatening health issues but they never cared.
The jury found that “Monsanto had engaged in outrageous behavior, and held the corporations and its corporate successors liable on all six counts it considered - including negligence, nuisance, wantonness and suppression of the truth.” (Crean) Monsanto faced many lawsuits over the harm caused by PCB between 1990 and today.
Hooker admits to burying about 21,800 tons of various chemicals in the canal. There are at least twelve known carcinogens in the canal including benzene which is well-known for causing leukemia in people (Gibbs 22). The air, soil, and water tests have found chemical migration throughout a ten block residential area. The extent of the chemical migration is still unknown.
When a prosecutor decides whether to pursue a cade either civilly or criminally it takes a turn on which one they decide. The main factor to a case that involves a criminal prosecution is the amount of harm caused to the environment and the intent of the person who committed the crime. (Environmental Crime Prosecution: Results of a National Survey) With all cr...
The consultant recommendations should be taken into consideration, because as I mention before they will bring an order and a step-by-step program to take decisions and taking all the points of view into consideration.
...emical companies that helped produce Agent Orange. Yannacone filed a class action lawsuit for Reutershans case against six chemical companies that helped produce Agent Orange. The case grew as lawyers across America started representing more people affected by Dioxin. The case ended up in Jack Weinstein’s court at the Second Circuit Court of Appeals in New York City. The night before the trial Weinstein tried to come up with a settlement option. Weinstein thought the chemical companies had a weak defense and could not see the jury siding with them. Weinstein thought the chemical companies had a weak defense and could not see the jury siding with them. The companies agreed with a settlement as long as they did not have to own up to it. Now that closer was brought to this case, those looking for compensation received it and the talk of Agent Orange died down.