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Chapter 11: Offenses Against Public Health And The Environment 1. Offenses defined by public health laws that impose criminal penalties are generally “strict liability” offenses. Answer: True 2. Prior to 1980, government agencies relied primarily on criminal penalties as a tool to enforce environmental regulations. Answer: False 3. The “responsible corporate officer” doctrine was originally applied in public health cases, but it is now also being applied by the courts in respect to environmental crimes. Answer: True 4. Under the doctrine of ferae naturae each state has the exclusive authority to regulate the taking of migratory birds. Answer: False 5. State environmental regulations are markedly disparate in standards, enforcement policies, and sanctions. Answer: True 6. At the turn of the century, the U.S. Supreme Court determined that compulsory vaccination laws encroached upon individual liberties guaranteed by the Constitution. Answer: False 7. A corporate officer whose duties require supervision of sanitation in the preparation of food, but who delegates authority over sanitation to lower level employees, cannot be held criminally liable under the Federal Pure Food, Drug, and Cosmetic Act. Answer: False 8. Although local governments generally resort to administrative and civil court remedies for enforcement of zoning regulations, local zoning ordinances usually classify violations as misdemeanors. Answer: True 9. The Rivers and Harbors Act of 1899 Act contained no criminal penalties for discharge of refuse into the navigable waters of the United States. Answer: False 10. Despite federal regulations, the primary responsibility for protecting the population from noise pollution rests with state and local governments. Answer: True 11. The criminal enforcement provisions of local zoning ordinances must include an intent requirement. Answer: False 12. Most state wildlife and fish laws define strict liability offenses, but if a law includes terms such as “willfully” or “knowingly,” the prosecution must prove the defendant’s intent. Answer: True 13. Enforcement of the Endangered Species Act of 1973 is accomplished largely through civil penalties, but criminal liability is imposed against anyone who knowingly violates regulations issued under the act. Answer: True 14. Many violations in the public health area are caused by corporate entities; therefore, courts often focus on whether an accused, by reason of his or her position in the corporate enterprise, had sufficient responsibility and authority to either prevent or correct the violation charged. Answer: True 15. The courts have not permitted the “responsible corporate officer” to apply to the Clean Air Act or the Clean Water Act. Answer: False 16. The Resource Conservation and Recovery Act (RCRA) imposes civil but not criminal penalties on persons who dispose of certain hazardous wastes without a permit. Answer: False 17. Corporations as well as responsible corporate officers can be held criminally liable for environmental offenses. Answer: True 18. Although environmental statutes are enforced primarily through civil means, criminal sanctions can be imposed for knowingly discharging pollutants, for violations concerning permits, and for making false statements. Answer: True 19. Most zoning ordinances classify criminal violations as felonies and provide for prison terms upon conviction. Answer: False 20. Congress has adopted a federal law prohibiting smoking in restaurants, bars and sports arenas. Answer: False 21. Which of the following statements is INCORRECT? a. Offenses against the public health and environment are considered to be mala prohibita. b. Congress has tended to be sympathetic to demands to eliminate incarceration as a punishment for violations of public health laws. c. Laws criminalizing offenses against public health frequently impose a standard of strict liability. d. The Clean Air Act, a federal statute, provides for delegation of enforcement procedures to the states pursuant to State Implementation Plans. Answer: B 22. Which one of the following statements most nearly typifies the attitudes of federal courts of appeals with respect to prosecutions under the Federal Water Pollution Control Act of 1972 (Clean Water Act)? a. Lower courts must dismiss prosecutions and relegate enforcement to civil means. b. Courts hold responsible a corporate officer of a company violating provisions of the Act, but only where the evidence clearly discloses a willful violation by that officer. c. Courts should construe broadly the penal provisions of the Act and hold responsible a corporate officer or one who is in a supervisory role who is aware of “conscious wrongdoing” under the Act. d. Courts must narrowly construe the Act’s provisions and limit criminal prosecutions to the president or chief executive officer of a corporation. Answer: C 23. A neighbor is annoyed by a teenager who plays his drums in the late evening. The young man refuses requests to limit his playing to daylight hours. The neighbor would probably stand the best chance of obtaining relief by seeking enforcement of __________. a. a disorderly conduct statute b. a local noise ordinance c. state public health regulations d. the Quiet Communities Act Answer: B 24. Tasty, Inc. distributes its canned fruits and vegetables throughout the country. The chief executive officer becomes aware that although its canned apricots are packed with a syrup containing sugar, the cans are being labeled “No sugar added; recommended for diabetics.” If a federal prosecution is initiated against the chief executive officer it would most likely be under the ___________. a. Food, Drug, and Cosmetics Act b. Toxic Substances Control Act c. Controlled Substances Act d. Consumer Protection Act Answer: A 25. As revised in 1986, the Act passed by Congress in 1980 to finance cleanup and to require notice to federal and state agencies of any “release” of a “reportable quantity” of a hazardous substance and to impose sanctions against those who fail to report or who destroy or falsify records is known as ________. a. the Toxic Substances Control Act (TSCA) b. the Resource Conservation and Recovery Act (RCRA) c. the Federal Water Pollution Control Act of 1972 (Clean Water Act) d. the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Answer: D 26. In Jacobson v. Massachusetts (1905), the Supreme Court upheld a conviction for violating a statute authorizing local officials to order compulsory ___________. a. vaccinations b. education c. sterilization d. church attendance Answer: A 27. First enacted in 1906, the federal ___________. Act prohibits interstate commerce in food, drugs and cosmetics prepared under unsanitary conditions. a. Pure Food, Drug, and Cosmetic b. Sanitary Trade c. Interstate Commerce d. Travel Answer: A 28. Building codes are concerned with the construction of buildings while the term ________ refers to regulation of the use of land. a. eminent domain b. zoning c. planning d. conservation Answer: B 29. Congress enacted its first major environmental law, the ___________. Act, in 1899. a. Rivers and Harbors b. Resource Conservation c. Endangered Species d. Bituminous Coal Answer: A 30. Enforcement of the Clean Air Act may be delegated to the ________. a. Department of the Interior b. states c. Army Corps of Engineers d. Department of Energy Answer: B 31. In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as the ___________ Law. a. Toxic Waste b. Superfund c. Haz-Mat d. Responsible Corporate Officer Answer: B 32. Which of the following legal sanctions is (are) used to enforce environmental laws? a. administrative fines b. civil suits for damages c. criminal penalties d. administrative fines, civil suits and criminal penalties Answer: D 33. The Supreme Court first recognized the concept of _______ in U.S. v. Dotterweich (1943). a. strict liability b. responsible corporate officer c. mala prohibita d. mens rea Answer: B 34. Enforcement of local zoning and building codes is accomplished primarily through ___________. a. criminal prosecutions b. civil suits c. administrative fines d. property forfeiture Answer: C 35. Which of the following federal agencies has (have) enforcement responsibilities under federal environmental laws? a. Army Corps of Engineers b. Coast Guard c. Environmental Protection Agency d. Army Corps of Engineers, the Coast Guard and the Environmental Protection Agency Answer: D 36. To be found guilty of committing a federal environmental crime always requires proof that the defendant has ___________. a. committed a proscribed act b. acted knowingly and willfully c. acted with negligence d. acted recklessly Answer: A 37. The Clean Water Act is enforced by the EPA and ___________. a. similar state agencies b. the Department of Energy c. the National Park Service d. the Department of Health and Human Services Answer: A 38. Which of the following environmental laws contain(s) criminal provisions? a. the Clean Water Act b. the Clean Air Act c. the Resource Conservation and Recovery Act d. All of these laws contain criminal provisions Answer: D 39. Historically, the principal responsibility for controlling excessive noise has rested on the ___________. a. federal government b. state governments c. local governments d. regional governments Answer: C 40. According to the text, it is reasonable to expect that criminal sanctions will be increasingly applied to noise pollution and ___________. a. violations of building codes b. smoking in public places c. violations of zoning ordinances d. violations of sign ordinances Answer: B 41. In United States v. Billie, the defendant was charged with killing a Florida panther, an endangered species. He argued that the prosecution had to prove his specific intent; that is, that he knew the animal he shot was a Florida panther, as opposed to a species of panther not on the list of endangered species. The U.S. District Court rejected his argument and held that the government “need prove only that the defendant acted with ___________ when he shot the animal in question.” a. scienter b. recklessness c. criminal negligence d. general intent Answer: D 42. In United States v. Hayes International Corp., the U.S. Court of Appeals for the 11th Circuit affirmed a conviction for unlawfully transporting hazardous waste materials to an unpermitted facility and ruled that ___________ was a defense. a. lack of knowledge that paint waste was a hazardous material b. ignorance of the statutory permit requirement c. ignorance of potential harm to the environment d. neither a lack of knowledge that paint waste was a hazardous material nor ignorance of the permit requirement Answer: D 43. The ___________ authorizes the Environmental Protection Agency to prohibit the manufacture, distribution, or use of chemical substances that present an unreasonable risk of injury to health or the environment. a. Rivers and Harbors Act b. Toxic Substances Control Act c. Safe Landfills Act d. Endangered Species Act Answer: B 44. Under most food and drug laws, criminal liability for a misdemeanor offense can attach ___________. a. only on proof of a violator’s specific intent b. only upon proof of an accused’s general intent to violate the statute c. without the necessity to prove the defendant’s intent to violate the law d. only in instances where the prosecution proves the defendant was negligent in failing to obey a specific statutory requirement to do or refrain from doing a proscribed act Answer: C 45. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes criminal responsibility on a corporate officer even of relatively low rank who acts ___________ and is “in a position to detect, prevent, and abate a release of hazardous substances.” a. in a supervisory capacity b. in a grossly negligent manner c. with reckless indifference to consequences d. knowingly and willfully Answer: A 46. The authority of government to enact laws to protect the public health is a basic function of the ______ power of the state. Answer: police 47. In 1943, the Supreme Court in United States v. Dotterweich, recognized the concept of a ___________ being liable for violations of food, drug, and cosmetic standards. Answer: responsible corporate officer 48. At the federal level, the ___________ coordinates national efforts to reduce environmental risks and enforce federal laws protecting public health and the natural environment. Answer: Environmental Protection Agency EPA 49. The __________ Act provides criminal penalties for those who knowingly or will fully distribute products that fail to comply with specified noise levels. Answer: Quiet Communities 50. The federal government’s effort to preserve threatened species of wildlife by protecting their habitat is embodied in the ____________ Act. Answer: Endangered Species 51. By the early 1900s municipalities perceived the need for ______ to control nuisances and to regulate land use. Answer: zoning 52. Congress first enacted legislation to prevent the importation of adulterated ______ in 1848. Answer: drugs medicines 53. Crimes defined by public health frequently contemplate a low level of intent, frequently imposing a standard of ___________. Answer: strict liability 54. Some critics of strict liability criminal offenses would argue that public health and environmental offenses should at least be based on a _______ standard, if not on criminal intent. Answer: negligence 55. Planning and zoning ordinances are usually enforced through ___________ action; however, many also classify violations as strict liability misdemeanors. Answer: administrative 56. Although enforcement of national environmental laws is accomplished largely through regulatory agencies, Congress and state legislatures have also imposed __________ sanctions to enforce standards and deter violators. Answer: criminal 57. The federal ___________ Act defines adulterated food, sets standards for determining whether drugs and devices are adulterated, and defines misbranding by false or misleading labels and packaging. Answer: Food, Drug and Cosmetic 58. States criminalize offenses against public health and the environment through their police powers; the __________ Clause in the U.S. Constitution has been interpreted to grant similar authority to the federal government. Answer: Commerce 59. Misdemeanors under the FDCA are generally strict liability offenses, but in felony prosecutions the government must usually prove the defendant’s ________. Answer: intent 60. The __________ Act sets federal standards to enhance the quality of the air and provides criminal sanctions for violations. Answer: Clean Air 61. In 1926 the Supreme Court upheld the concept of ____________, which allows local governments to designate permitted and prohibited land uses. Answer: zoning 62. The Clean Water Act prohibits the discharge of pollutants from any __________ into navigable waters unless such discharge complies with a permit issued by the EPA or by an EPA-authorized state agency. Answer: point source 63. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as the _______ Law, finances environmental cleanup and provides for civil suits by citizens. Answer: Superfund 64. Taking of game illegally, either by hunting protected species, hunting out of season, hunting in areas in which hunting is prohibited, or violating restrictions as to the number or size of animals that may be taken, is known as ___________. Answer: poaching 65. The Toxic Substances Control Act authorizes the ___________ to prohibit the manufacture, distribution, or use of certain chemical substances that present an unreasonable risk of injury to the environment. Answer: Environmental Protection Agency (EPA) Sara Smith operates a toxic waste storage facility called “Chemical Gals.” This facility, which is based in central New Jersey, receives toxic waste from around the country and is supposed to store it in a secure fashion for 10,000 years. However, as space in the facility fills up, Sara comes up with a method for clearing space. She instructs lower-level employees to begin dumping 18 gallon drums of waste into a nearby river. Run-off causes significant damage to fish living in the river, as well as a rare species of Harlequin Duck that populates the river. Adjacent land is also affected. 66. You are working for a federal prosecutor who asks for assistance in charging Sara Smith. You determine that all of the following laws are applicable to Sara Smith’s conduct except for: a. Rivers and Harbors Act. b. Resource Conservation and Recovery Act. c. Migratory Bird Act. d. All of these laws could apply. Answer: D 67. The “Responsible Corporate Officer” provision could lead to criminal prosecution of: a. Sara Smith. b. The lower level employees who actually did the dumping. c. Sara Smith and the lower level employees who actually did the dumping. d. neither Sara Smith nor the lower level employees who actually did the dumping. Answer: C 68. Which of these laws is most applicable to Chemical Gals’ improper disposal of hazardous waste? a. Toxic Substances Control Act b. Clean Water Act c. Resource Conservation and Recovery Act d. Endangered Species Act Answer: B 69. Which of these is most applicable to the Harlequin duck? a. Endangered Species Act b. Clean Air Act c. Migratory Bird Act d. Resource Conservation and Recovery Act Answer: A 70. Local citizens whose land was damaged by waste seeping from the waste dump are likely to rely upon which of the following to initiate civil suits and to solicit assistance from the government in the clean-up of toxic waste? a. the Superfund Law b. the Toxic Substances Control Act c. the Clean Air Act d. the Migratory Bird Act Answer: A Boris Romanov is the CEO of a meat-packing plant called “Mystery Meats” in southern Georgia. His organization specializes in transforming “road kill” into packaged meats that will be transported to supermarkets around the country. In order to increase the marketability of his products, Romanov routinely directs his employees to mislabel packages. For example, squirrel meat is often labeled as “chicken.” On other occasions, the employees are instructed to inject unsanitary “road kill” into otherwise acceptable cuts of steak. 71. Which statement is false? a. There is no applicable federal law governing what Romanov is doing. b. The FDCA is an appropriate statute for prosecuting Romanov. c. The fact that “Mystery Meats” ships food around the country enhances the applicability of federal law. d. Romanov himself, as CEO, can face criminal charges. Answer: A 72. Romanov’s packages which are labeled as “chicken” actually contain some components of real chicken and some components of unsanitary “road kill.” Based on language contained in the FDCA, this package could be described as: a. adulterated and misbranded. b. adulterated only. c. misbranded only. d. neither adulterated nor misbranded. Answer: A 73. Romanov’s lawyer suggests that he did not know that the meat labeled as “chicken” was actually squirrel meat, and therefore lacked the requisite criminal intent to violate any federal laws that may be relevant. This claim: a. is sound defense that is likely to be successful. b. is undermined by the fact that his conduct involved a strict liability offense. c. is only applicable to lower-level employees. d. would be relevant if Boris Romanov’s company only introduced small quantities of tainted squirrel meat into the stream of commerce. Answer: B 74. Romanov’s plant processes a large quantity of Florida panther filets. This activity is likely to run afoul of the: a. Migratory Bird Act b. Clean Water Act c. Clean Air Act d. Endangered Species Act Answer: D 75. Boris Romanov left the task of actually mislabeling items to his employees .The Supreme Court’s rulings in United States v. Dotterweich and United States v. Park suggest that: a. Romanov cannot be held criminally liable for the actions of his employees. b. Romanov can be held criminally liable for the actions of employees. c. Romanov cannot be prosecuted under the Clean Water Act. d. The lower-level employees are immune from prosecution. Answer: B Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131
