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.
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.