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Title: Trends In Environmental Criminal Enforcement And Preparing For Defense Of An Environmental Criminal Case
Author: Kevin A. Gaynor
Source: American Gas Association 1991
Year Published: 1991
Abstract: To properly prepare for the defense of an environmental criminal case, it is imperative to understand: the regulatory climate that creates the possibihty of an individual or corporation being indicted for environmental violations: the governments attitude towards a potential defendant and the potential defendants mental profile. When these are understood then, and only then can a defense counsel begin to prepare the potential defendants defense adequately. This section will discuss this critical preparatory stage and then move to examine the process of preparing the defense and the decision points that a potential defendant faces in the course of the governments investigation and prosecution of an environmental crime. Reference is being made to a potential defendant because, until a party is indicted by a grand jury, the party is not yet a defendant. As discussed further herein, the pre-indictment phase is a crucial time frame from the defenses prospective. Accordingly, the defense preparation discussion will focus on this period.

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