As a Crown Prosecutor in a case when a conviction is sought for a defendant who consciously delays or prevents a person from saving their own life or the life of another; to reach a guilty verdict there has to be evidence beyond reasonable doubt. Evidence must prove that there has been an obstruction of justice resulting in injury or death caused by the defendant to the victim(s) wellbeing. If convicted the defendant will be found guilty of an indictable offence and imprisonment up to 10 years (Criminal Code, 1985, s
This criminal case involves two parties. These are the Crown or prosecutor versus Adrian Bayley, aged 43 years.
Adnan is probably innocent because the only solid evidence is Jay’s inconsistent testimony. The first evidence is the police audio when the first audio played jay mentions that he Adnan were at on the mall and the other audio mentions that they were at a different mall. And the second evidence is the court tapes when Adnan lawyer is questioning jay and changes his answers at the moment when jay was at the stage. And last evidence is Jay’s lack of memory because hard to believe that he forgot the day/night that he saw a dead body for the first time (Hae Min Lee’ Body)
The case of Kusmider v. State, 688 P.2d 957 (Alaska App. 1984), was a state appeal’s court case that addressed the chain of causation for a murder, which had occurred, and the actions of the trial court judge (Brody & Acker, 2010). In this case, the appellant, Kusmider, appealed his conviction for second degree murder, based on the fact that the trial judge did not let him introduce evidence, which may have shown that the victim may have survived his wounds, if not for the actions of the paramedics.
In my opinion, the United States in the case of Bailey was not in the wrong to detain Polo aka Chunon Bailey while searching his apartment. I believe the officers did everything in their power to make sure they had valid evidence before requesting a search warrant for Polo's apartment and good reasoning to detain him at the crime scene. In Michigan v. Summers the court allowed the officers, who were conducting the search, to detain the tenant while the search is being done. Consequently, the court did not state when the detainment should occur, so using the Fourth Amendment as a model for reasonableness, the court of appeals decided that officers could detain a tenant who leaves the vicinity, considering that the detainment happened in a timely
As a result of the failure to adhere to the safety precautions before utilizing the automated external defibrillator the patient was severely burned on his neck and shoulders. “The patient can show a legally sufficient relationship between the breach of duty and the injury; this concept is referred to as proximate causation” (). If standards of care had been meet the injury that the patient now suffers could have been prevented.
Upon D/CPL. Case’s arrival at the crime scene there is no documentation in the crime report that he had contact with the first responder, PFC Malcolm. The first responder should brief the primary investigator as it is the only opportunity for the next in command to obtain initial aspects of the crime scene prior to subsequent information (Technical Working Group on Crime Scene Investigation, 2000). Conversing with first responders is vital to providing information to substantiate investigative considerations and is a priority in any properly sanctioned investigative plan (Technical Working Group on Crime Scene Investigation, 2000). Prior to D/CPL. Case’s arrival, key pieces of evidence had already been collected despite the mild and clear weather conditions; the victim’s jacket and two neoprene skullcaps that had been tied together. D/CPL. Case was not able to conduct a walk-through of the crime scene with the individuals responsible for processing the scene because in the one hour and fifteen minutes it took D/CPL Case to
Innocent until proven guilty is the Fifth Amendment of the United States. Today more than 20,000 people are in jail for a crime that they didn’t commit. Did the people in jail, whom are innocent, have a fair trial and be treated innocent until proven guilty? This is equivalent to Adnan Syed. A seventeen year old kid, who was convicted for the murder of Hae Min Lee. After listening to the podcast, Serial, it is clear that Adnan Syed is innocent of the crime of murder due to a lack of evidence.
The Mental Capacity Act 2005 (MCA 2005) introduced a statutory framework for advance decision making in England and Wales building upon the common law recognition of advance decisions. Academics considered that a bias may operate against upholding advance decisions refusing life-sustaining treatment 1. It’s commonly felt that judges usually give decisions favouring preservation of life and making advance decisions invalid on various grounds. Recent case-law indicates that a high level of specificity is required for advance refusals of life-sustaining treatment and, in some capacity must be demonstrated at the time of making the decision. This essay will argue the legal back ground of the advance decisions and relevant case law. There are suggestions that advance care planning (ACP) instead of advance decisions (ADRT) may be more helpful when it comes to the practice of law on ground 2.
So you have broken the law, whether or not you had a warrant for your arrest, or not, and now you have to stand trial. During this time, you may be wondering what’s ahead on your journey to being found innocent or guilty. There are many different things that you will have to endure, and it may be a long process. Today, I will be writing about the steps from the time you have your initial appearance until the time the judge gives the verdict on whether or not you are found guilty.
When working on an ambulance for a large ambulance service a case was given of a 27-year-old male who had been assaulted. On arrival at scene the crew were met at the entrance to a block of flats
The day before V’s admission with the fatal injuries, V was taken to out of hours GP complaining of cough and refusing of food. The out of hours GP noticed two small round bruises (four in all) on either cheek, and asked for an explanation. The parents told the GP that V had been
A policeman witnesses a man trapped underneath a burning truck. Desperate and in pain, the man asks the policeman to shoot him and save him the pain of dying a slow and insufferable death. As a result, he shoots. The policeman’s dilemma is commonly referenced in support of physician-assisted-suicide, or PAS. Euthanasia and assisted suicide are interchangeable terms which both lead to the death of an individual. Voluntary PAS is a medical professional, usually a physician, who provides medication or other procedures with the intention of ending the patient’s life. Voluntary PAS is the administration of medicine with the explicit consent from the patient. In terms of this paper, we focus on voluntary physician-assisted suicide in the
As known from recent issues in the media, lack of communication can prove fatal for example the case regarding Kane Gorny, 22, a keen sportsman who was so desperate for water he phoned police. “Kane was undoubtedly let down by incompetence of staff, poor communication, lack of leadership, both medical and nursing, and a culture of assumption” (Dr Shirley Radcliffe). If the nurses had communicated and listened to Mr Gorny they would have been able to prevent neglect thus preventing his death. Mr Gorny was not only failed by medical staff but also by police forces as we are made aware that he had phoned but as there was no assault found they left but if the police that were present had questioned medical staff once again Mr Gorny’s death would have been prevented. (The Guardian, 2012) Thus proving that without communication mortal incidents can happen because communication also involves listening, understanding and responding, which was not evident in this situation as Mr Gorny was not listened to and did not get a response to his plea. (Pease, 2000).
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable
Whether murder is done in a peaceful, non painful way or in a very gruesome, unimaginable way, it is still considered murder. Physicians have no way of knowing ‘what is best for the patient’ especially if that patient’s terminal illness prevents them from speaking.