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Essay / Research Paper Abstract
A 15 page overview of the Supreme Court judgement in the case which overturned the dismissal of the United States' fraud case against Marion. Bibliography lists 9 sources.
Page Count:
15 pages (~225 words per page)
File: D0_Usmarion.doc
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which cited due process under the Sixth Amendment, had evaluated the pre-indictment time frame in their considerations about the expediency of the prosecution relative to due process determinations.1
It was the contention of Marion that the beginnings of investigations into allegations of fraudulent business activities went into place with a cease and desist order by the Federal Trade
Commission, and that over three years passed since the company that Marion represented, Allied, had been approached by the FTC. In other words, it was the contention of Marion
that their pre-indictment situation created the due process issue.2 The essence of the Courts findings suggest that legal processes take time and that some issues of expediency are directly related
to processes outside of the scope of Government. As a result, Marion could not claim that his rights were violated simply on the basis of the process of collecting information
in support of the actions of the Federal Trade Commission. Instead, it was determined that the expediency of the case could not be considered until indictment had occurred.
Important in this decision was also the reflection that the individuals involved in the case did not experience significant or undue prejudice or harm as a result of the lengthy
process leading to the indictment, and that no issues of expediency were claimed regarding the time frame between the indictment and the dismissal. FACTS The case involved
the prosecution of two defendants for alleged fraudulent business practices. On April 21, 1970, the two appellees were charged and indicted on 19 counts involving fraudulent business practices in
the operation of a business called Allied The business sold and installed home improvement products, including intercom devise, fire control systems and burglary alarm and detection systems.
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