Criminal Violations of the Resource Conservation and Recovery Act of 1976

The Resource Conservation and Recovery Act of 1976 (RCRA) is an Act that regulates the generation, regulation, storage, disposal, and transportation of hazardous waste. Hazardous waste is defined as specific chemicals contained on EPA lists. Hazardous waste also includes waste that is ignitable, corrosive, reactive, or toxic. The Act requires that hazardous waste be treated, stored, and disposed of only at facilities that have an Environmental Protection Agency (EPA) waste permit.

A DEFENDANT'S RIGHT TO TESTIFY

Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense.

Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications

An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information:

SEARCH & SEIZURE - SCHOOL SEARCHES

The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property.

Computer Fraud and Financial Institutions

With the prevalence and necessity of computers, computer fraud in financial institutions appears to be a frequently prosecuted offense. Employees, directors, and agents of financial institutions have access to their customers' information on a daily basis and at their fingertips. It is quite simple, for example, for an employee to delete unfavorable information of a client and add favorable information to the client's file. In the example above, the client may be able to obtain credit approval for certain items that he otherwise would not qualify for.