The question before us is not whether jury trial is an ancient institution, which it is; nor whether it plays a role in the administration of justice, which it does; nor whether it will endure, which it shall…”- Justice Harlan The jury is the heart of the American Criminal Justice system. Roughly 80% of all juries exist in the United States. Some of you may have had the opportunity to serve on a jury, others of you have not. It is your opportunity to participate in the justice system. The jury was established in the 6th Amendment-
You will read a trial summary and decide if negligence occurred and if so, the damage amounts. Initial post: You will only read one trial summary. Which trial summary you read depends on your PSU ID number. If your PSU ID ends with an odd number, you will read Case A. If your PSU ID ends with an even number, you will read Case B. Answer the following questions in your original post: 1. Post which case you read (“A” or “B”). 2. Do you find the defendant at fault? 3. What amount do you award in compensatory damages? What amount do you award in punitive damages? 4. How did you settle on these amounts? “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…”
CASE A MEDICAL MALPRACTICE TRIAL STIMULUS Based on Hallmark v. Shipman (2008) Case summary: On January 11, 2008, the plaintiffs husband, Mark Francis, felt very ill after eating breakfast. Two days later, Mr. Francis went to the hospital believing that he had all the signs and symptoms of a heart attack, including severe chest pain. While at the hospital, Mr. Francis complained of signs and symptoms that should have led the hospital staff and Doctor Basil Jones to consider a life-threatening heart condition — nausea, chest pain, and shortness of breath. Mr. Francis complained that his pain was a 9 out of 10. While at the hospital, Mr. Francis underwent no exams to determine if the cause of his pain was, in fact, a heart attack. Instead, after about 4-5 hours in the emergency room, Dr. Jones released Mr. Francis from the hospital. Again, no blood tests were done to determine a heart condition. No scans or other chest exams ordered. On January 15th, Mr. Francis fell back, clutching his chest and instructed his wife to call 911. He was unable to be revived when he got to the hospital. His cause of death was a heart attack. In trial, the plaintiff called two separate experts to testify. These experts testified that had proper procedures been followed, Mr. Francis may still be alive today. The doctors also testified that there were several indicators that Mr. Francis was having a severe cardiac condition. The patient was complaining of severe chest pain, and the patient’s pulse was at 164 beats per minute. The normal heart rate for a human Mr. Francis’s age is 60-100 beats per minute. Another expert, the pathologist that preformed the autopsy on Mr. Francis, stated that had the condition been discovered at the hospital Mr. Francis would have had roughly a 90% chance of recovery. Mr. Francis was 40 years old is survived by his wife of 22 years and his ten-year-old child. The plaintiff in this case is asking for monetary damages. $120,000 for medical bills. $10,000 for funeral expenses. $87 34,800 times the 25 years he has left to work until the age of 65). Monetary damages are also being sought for Mrs. Francis and her children’s pain and suffering, and loss of consortium and companionship.
The Debate on Assault Weapons in the US Distributed: third October, 2016 Last Edited: third July, 2018 Disclaimer: This paper has been put together by an understudy. This isn't a case of the work composed by our expert paper scholars. You can see tests of our expert work here. Any feelings, discoveries, conclusions or proposals communicated in this material are those of the writers and don't really mirror the perspectives of UK Essays. The central administration of the United States of America ought to forbid subjects from owning attack weapons. Talk about Ambush Weapons Do you think weapons represent a danger to the individual and social level? Be that as it may, before this let us comprehend what considers a strike weapons. There is no specialized meaning of strike weapons, yet it incorporates the completely programmed weapons, which discharge persistently when the trigger is held down. At that point there are quick firing weapons that reload naturally however shoot just once each time the trigger. Self-loader guns and rifles are to a great degree regular in the United States in various sizes and shapes. Over the most recent five years, there were numerous recommendations to confine the accessibility of strike weapons. Constraining the accessibility of weapons decreases the quantity of passings, burglary, and strikes in the network. Additionally, It can stop the strikes and thwart psychological oppressor tasks. School question would be less deadly if weapons were slippery and more costly. What's more, the administration ought to send weapons mindfulness projects to spread mindfulness among individuals. Moreover, the administration ought to implement laws on arms merchants to evade numerous issues. Regardless of the administration's endeavors to anticipate weapons, the dominant part of killings and rubbery are caused by weapons. The government of the United States of America ought to disallow residents from owning strike weapons to constrain murders, shooting mischances, and furnished theft. Weapons have made a considerable measure of issues and murder is one of them. Courtshave numerous cases for homicides and wrongdoings and numerous sorts of them. As indicated by Gary kleck," Guns are intensely engaged with brutality in America. In 1993, around 71% of murders and 63% of suicides included weapons. While it isn't clear whether there would be less passings if there were less weapons, or whether firearms accessibility among the individuals who might utilize firearms for brutal purposes, there is most likely that a major offer of America's deadly savagery includes the utilization of guns" (no page). This clarifies restricting ambush weapons diminishes the rate of homicides. The administration can influence an easy to the arrangement to can secure the subject. For instance, guns have turned into a famous method to confer suicide. In this way, the Israeli government chose restricting access to weapons to lessen the rates of suicide inside a straightforward suicide rate fell by 40%. Decreasing the chances to acquire weapons lessens caused a huge change in the suicide rates. In this manner, a straightforward change in the strategy may ask a major change in the network (Lubin, no page). Regardless of whether the sum total of what firearms have been kept away from it doesn't imply that violations won't happened, however precluding attack weapons will restrain wrongdoings and individuals will be more secure. Shooting mischance is one of the issues that caused by ambush weapons. Individuals normally keep their weapons in houses, however this isn't protected. Children can see the weapons and they will attempt to utilize them. Absence of comprehension of weapons may happen huge mishaps like harming or murdering somebody. Studies were directed in the school shooting in an assortment of orders. Be that as it may, so far there isn't any capable expert to inspect these occasions (Mushert, no page). Weapons can be sheltered if PEOPLE figure out how to manage them. Be that as it may, individuals may not have any significant bearing the laws in the event that it didn't originate from the administration. There is an illustration that happen each year, that is expansive number of kids and young person who get slaughtered or harmed in the most ideal situation that would occur by wrong utilizing weapon in the United States. What's more, relatives, or outsiders shoot some of them, either deliberately or accidentally. It is valid in the event that we said that, a few children are utilizing weapons to endeavor suicide, and these endeavors demonstrate effective more frequently than suicides by different things that is may utilize. The accessibility of weapons permits numerous issues, and furnished rubbery is one of the issues. The same number of issues have arrangements, the administration attempts the best to tackle these issues. Outfitted burglary is an extraordinary peril to the network. Individuals don't feel that they are protected and they are anxious on their selves, kids and their cash from criminals. Equipped rubbery could happen less demanding if strike weapons are admissible. Without weapons criminals won't attempt to burgle on banks, stores and houses. Regardless of whether criminals endeavor to burgle, it will be simple and safe to the legislature to get them. In the event that as far as possible the accessibility of weapons, the rate of furnished rubbery will diminishes. In a few nations, for example, the unified state, attack weapon is lawful. Also, political term utilized as a part of guns laws so as to characterize and limit particular guns. Indeed, there is a discussion in Considerable about proceeds on how strike weapons ought to be characterized. For example, they are attempting to constrain children of utilizing weapon like firearm keeping in mind the end goal to influence the network to feel great about sparing there kids from this huge hazard which is legitimize weapon. Government law sets the base principles for gun direction in the United States; anyway singular states have their own particular laws, some of which give advance confinements, others which have more tolerant guidelines.The Gun Control Act of 1968 restricted the offer of guns to a few classifications of people, including people under eighteen-years old, those with criminal records, the rationally incapacitated, unlawful outsiders, despicably released military staff, and others. In 1993, the law was changed by the Brady Handgun Violence Prevention Act, which ordered historical verifications for every single unlicensed individual buying a gun from a governmentally authorized merchant. Notwithstanding, commentators keep up that a purported "weapon indicate escape clause," systematized in the Firearm Owners Protection Act of 1986, successfully permits anybody, including indicted criminals, to buy guns without a foundation check.As of December 2012, there were no government laws restricting self-loader strike weapons, military-style .50 bore rifles, handguns, or substantial limit ammo magazines, which can expand the potential lethality of a given gun. There was a government forbiddance on attack weapons and high-limit magazines somewhere in the range of 1994 and 2004, however Congress enabled these confinements to lapse. To whole up, criminal rates in a few nations increment to about startling levels of wrongdoing and the whole increment was inferable from murders carried out by youngsters with weapons. Weapons are one of purpose behind this expansion. In the event that as far as possible the accessibility of weapons and make more costly, the rate of wrongdoings will diminish. That why governments should constrain the accessibility of ambush weapons.>GET ANSWER