Southern Union Company is a natural gas distributor. Its subsidiary stored liquid mercury, an extremely hazardous substance,

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Southern Union Company is a natural gas distributor. Its subsidiary stored liquid mercury, an extremely hazardous substance, at a facility in Rhode Island. A group of kids from a nearby apartment complex broke into the facility, played with the mercury, and spread it around the facility and apartment complex, leading to the complex’s residents being temporarily displaced during the cleanup. After an investigation, Southern Union was tried and convicted of storing hazardous materials without a permit in violation of the Resource Conservation and Recovery Act, which provides for “a fine of not more than $50,000 for each day of violation.” At sentencing, the government argued that the company had violated the statute for 762 days, allowing a maximum fine of $38.1 million. Southern Union objected that this calculation violated its Sixth Amendment rights because the jury was not asked to determine the precise duration of the violation. Southern Union invoked the Supreme Court’s line of cases holding that the Sixth Amendment bars judge-found facts to be used to increase a defendant’s maximum authorized sentence. The government acknowledged the Court’s line of cases but said they did not apply to criminal fines. Who has the better argument?

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Business Law The Ethical Global And Digital Environment

ISBN: 9781260736892

18th Edition

Authors: Jamie Darin Prenkert, A. James Barnes, Joshua Perry, Todd Haugh, Abbey Stemler

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