1. China is still a communist country and the Chinese government owns controllin
ID: 1139953 • Letter: 1
Question
1. China is still a communist country and the Chinese government owns controlling interest in all entities even if a portion of the entity has stock that is publicly traded on an exchange. As such, recently a Chinese company purchased and received approval from our Federal government to close on the sale of Smithfield foods. Smithfield foods is the largest pork producer in the US. So if the Communist government of China allowed for the food supply to be tainted wouldn't they be immune verses if a US company did the same infraction? Elaborate.
2. If a person gets charged with a crime for violating a state statute, could that person also be charged with a crime if that person violated a federal statute or would "double jeopardy" come into play?
3. When a person has an encounter with the police and that person wants to know if they are allowed to leave the encounter what should that person do?
Explanation / Answer
Answer 1. The Smithfield foods is definitely the largest pork producer in the world and the Chinese acquisition of the conpany is quite shocking, because in a way, it's like US lost an important company. Chinese food safety issues are definitely worrisome, but the way I understand the problem is like this-
The acquisition would not affect the situation very much, as the acquisition is not about bringing Chinese pork to the USA, rather it's simply about the acquisition of the US Pork production of Smithfield. So, the communist government of China would play a foul game only if it decides to introduce Chinese pork in the US market, otherwise it's perfectly fine. The Chinese pork industry is infamous for the diseases and irregularities and tainted foods. So, in a way, China has the advantage to play foul in this sector particularly, but considering the market holding and quality feedback of Smithfield foods, Chinese Company is not going to change any such strategies. Thus, Chinese communist government has an advantage, but it can't do much cobsidering the reputation of Smithfield.
Answer 2. No. It wouldn't be called double jeopardy if one person is convicted for a same offense both by state and federal courts, because the US cobstitution provides for the double sovereignty principle. A state and federal level, both can make different laws on the same crime or offense. The person being a citizen of both the state and of USA at the same time, can be sentenced differently according to different laws. It's not double jeopardy.
Answer 3. Two situations may occur while encountering with police-
1) At Public place-
If it's a consensual encounter, where the police just want to talk to you, you can politely refuse to talk to them and enforce your right to remain silent by avoiding them. In case where the police have reasonable doubt regarding your involvement in an incident, you can still politely refuse and avoid them if you have to by taking their permission to leave. In more serious situations like temporary stops, you can simply stay silent and demand a lawyer. You can leave with their permission as soon as their queries are finished.
2) In private place-
If cops are coming to your home without any reason, you can simply deny them to enter your house. If they have warrant, simply let them search and you have right to stay silent.
In case of cars, if get pulled over, you can simply demand your right to privacy and leave the place with their permission. You can always deny them if they want to search your vehicle. In each case, remember the cops are noticing your behavior, so stay calm.
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