Winter Quarter, 2004
Syllabus

Criminal prosecution is a mechanism which is often employed by state and local health agencies in enforcing environmental health codes. State and federal environmental protection and occupational health and safety agencies, on the other hand, tend to make more use of the civil sanctions. There are some indications that health agencies are beginning to make greater use of the civil sanctions available to them. However, whether or not an agency may use criminal or civil procedures, or both, depends on the types of remedies authorized by statute.

Neither is inherently better than the other, although in some situations, one may be more appropriate, or work better, than the other. Since the criminal prosecution process is different than the process in a civil suit, it is important that you understand the difference and know when and how to use both the criminal and civil sanctions which may be authorized in a particular program.

Knowing how to get a legal action initiated is not enough, you must be able to help your prosecutor win it. To do this you need to know what kinds of information are needed and how to present the information in court. Cases have been lost because the sanitarian was not aware of, or did not follow, the procedures which have been established by the courts regarding the admissibility of information. Over the years the courts have established specific guidelines regarding information which is admissible in court. Theses guidelines, known as the "rules of evidence" and the "rules of testimony", cover the types of information, the methods of collection, its use, and the ways in which it may be presented. Being familiar with the general requirements of these rules, can help the practitioner avoid making mistakes at the very beginning of a case which might nullify all of the succeeding work by having the case dismissed.

Lesson Objectives

The objectives for this lesson are that you should:
1. Understand the nature of criminal sanctions as they are commonly used in environ-mental health;
2. Be able to determine the appropriate remedy for a particular situation; and,
3. Understand how the rules of evidence and testimony affect the gathering, mainte-nance and presentation of information in a case.

Lesson Assignment

1. Grad: Chapter 12 ’Äî Penal Sanctions, pp. 206-230.
2. Statutes & Regulations:
   ’Ä¢ TSCAct, ¬ß6(b) (15 USC 2615).
   ’Ä¢ FDCAct, ¬ß303 (21 USC 333).
   ’Ä¢ RCRAct, ¬ß3008(d) (42 USC 6928).
3. Required Readings:
   ’Ä¢ Reading #20 - FDA Food Service Sanitation Manual, ¬ß10-601.
   ’Ä¢ Reading #32 - Ligon, R., Legal Aspects of Disease Control Administration.
   ’Ä¢ Reading #33 - Sikora VA. Proving Environmental Health Violations, Journal of Environmental Health, 1981 43(4):195-200.
4. Optional Readings:
   ’Ä¢ APHA-CDC Recommended Housing Ordinance, ¬ß¬ßXIV & XV, pp. 32-33.

Lesson Outline

1. Criminal Sanctions
   1. Misdemeanors
   2. Felonies
2. Prosecution
   1. Filing Charges
      • On information
      • By indictment
   2. Summons
   3. Plea
   4. Trial
3. Rules of Evidence
4. Rules of Testimony

Lecture Slides

References / Additional Readings

1. Gellhorn E, Levin RM. "Procedural Due Process", Chapter 6 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 194-241.
2. Gellhorn E, Levin RM. "Formal Adjudications", Chapter 7 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 242-295.
3. Gellhorn E, Levin RM. "Procedural Shortcuts", Chapter 8 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 296-308.
4. Gellhorn E, Levin RM. "Obtaining Judicial Review", Chapter 10 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 353-398..
5. Loewy AH. Criminal Law in a Nutshell, West Publishing Co., 1975.

For Extended Degree Students Only

Key Points

Progress Assessment Exercise

Please proceed to Lesson 13. Judicial Remedies -- Civil Actions