Unlawful Act Manslaughter And Gross Negligence Manslaughter

The question in this case is whether Wilhelm acted negligently by failing to warn Flores of the dangers of working with beehives. The case is as such, Curtis Wilhelm owner of beehives and maintained them on property that he owned. John Black, an operator of a honey business, purchased some beehives from Wilhelm. Black employed Santos Flores Sr. to pick up the purchase of beehives from Wilhelm. Neither Black nor Wilhelm informed Flores of the dangers of working around bees. Black provided Flores with a protective suit to wear around the beehives. (Cheeseman, 2013)

This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.

In July, 2001 Portugal 's Law 30/20001 decriminalized all drugs. Under the new law, possession of small amounts of drugs (~10 days or less worth of personal use), while still legally prohibited, were no longer grounds for criminal offense. This approach was taken from a public health perspective and was accompanied by a concurrent increase in treatment and harm-reduction options.2 The combination of decriminalization, taking drug-users out of the criminal justice system, and investment in harm-reduction, providing users with effective treatment options, led to material gains in public health, including significant reductions of drug overdose death and HIV infection.3

The existing drug laws are very inefficient. This paper will focus on the people and the specific elements that are affected by the inefficiency of the drug laws. When looking at the drug laws at a glance a person might be lead to think that they would be very effective and they seem reasonable. While drug laws in themselves are necessarily wrong, some of the discrepancies in the laws make them unfair and take from the category of handing down justice and puts them into the category of cruel and unusual. First there will be an analysis of prohibition throughout American history, then an analysis of what the actual crimes and punishments are for a few of the drugs in the United States. Next there will be a look into who is affected by

With municipal and state budgets being slashed across the nation, in response to the prolonged economic recession which devastated America's bottom line, many professional police forces have been compelled to reallocate resources or reduce their numbers. To fill the void in law enforcement left by these cuts to police budgets, many private companies have become increasingly reliant on the services provided by the private security industry. Although private security officers safeguard our apartment buildings after sundown, patrol mall parking lots to prevent theft, and enhance public safety at sporting events, most members of society fail to ascribe the same sense of heroic duty to private security officers as they do the police. Indeed, criminal justice researchers have consistently demonstrated that "without the services of private industry, a gaping, colossal, protection vacuum would exist in the distribution of justice, [and] the protection of assets and facilities" (Nemeth, 2011), but nonetheless private security officers are not afforded the same respect or legal protections as traditional law enforcement officials. One of the most alarming trends to develop in the last decade, as private security contracting grew from a niche occupation to a full-fledged industry, is the rising rate of incidence involving private security officers discharging their service weapons in the line of duty, and being charged with manslaughter or even first degree murder simply for doing

Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case

The casualty helps in deciding if the case is the first degree or second degree. Furthermore, in some jurisdiction, the degrees of manslaughter are known as voluntary or involuntary manslaughter and non-negligent or negligent manslaughter. A person who has intentions to harm victims will face the most serious forms of manslaughter. Any offender that carries out an assault in a spontaneous act of violence with little time of deliberation will be legally processed as a first-degree manslaughter case. When a person kills or harms someone because of speeding, carelessness, or recklessness these cases or most of the time are considered as second-degree manslaughter. These types of cases consideration are the negligent or illicit behavior of the offender. Nonetheless, in this article it shows the commitment to regard provocation manslaughter as an offense as regulating hypothetical issues and that it is conceivable to do this as a functional issue (Huigens, 2011). The best hypothetical depiction of provocation manslaughter is as an offense and not as a partial justification defense or as an incomplete reason commenced a fractional loss of dependable

The second part of the paper will review the arguments of crown and counsel while comparing them towards the judge’s decision. Counsel argued the accused the accused use of

Res Ipsa Loquitur is the Latin meaning of “the thing speaks for itself”. (Medical Law and Ethics, 2009 Chp.6 Pg. 123) I would say it means that any evidence that is visible and can clearly tell you what happened just by looking at whatever you may see at first sight.

Gross Negligence Manslaughter is a form of involuntary manslaughter in which in which the persons charged has caused a death without the mens rea of murder. Involuntary manslaughter being unintentional killings due to recklessness, criminal negligence or an unlawful act that is a misdemeanour or low level felony. Gross negligence manslaughter is categorised as not committing an unlawful act but a defendant committing a lawful act in a manor that is considered criminal. Gross negligence manslaughter can also be committed through not doing something as to result in death.

Homicide is regarded by our society as one the most serious crimes, thus the appropriateness of the assessment of criminal responsibility is especially important. In Western Australia, the homicide offences are contained in the Western Australian Criminal Code. In 2008, following the recommendations of the Law Reform Commission of Western Australia (LRCWA), there were significant amendments to the Code, especially relating to the murder offences. Presently, the offence of murder is found in section 279 of the Code and details three forms of murder. Of these, sections 279(1)(b) and 279(1)(c) express a test of 'likely to endanger life' to establish criminal responsibility. It is therefore crucial to understand and analyse the term

A common belief is that drugs cause crime; and in the criminal justice system there are terms used for crime that is related to or due to the use of drugs. First there are “drug defined offences”, in which is the possession, use, sale, or manufacturing of illegal drugs. Second, is “drug related offences”, which occur when drugs are either the motive or the incentive. This occurs when a person is either under the influence of a drug and commits a crime; commits a crime in order to get money for drugs; or commits a crime due to the distribution of drugs. The final term is “drug-using lifestyle” in which individuals do not have a legitimate economic income and are involved in the illegal manufacturing and distribution of drugs (Pacitti, Balleine, & Killcross, 2013).

In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.

Jane and Steve have been married for five years. Steve lost his job a year ago and has been unable to find employment since then. Jane is a successful hairdresser. Steve has lost his self-confidence and has become so depressed that his doctor has placed him on medication.

The state justifies its authority in restricting individuals’ access to drugs through the liberty-limiting principle of paternalism. By paternalism I am referring to hard paternalism because information on drugs are made widely available so individual are aware of the harm. This essay will argue that the state is not justified in this paternalistic approach because paternalism is incompatible with personal autonomy and is significant to an individual’s freedom to act as they wish according to their values. The essay will regard drugs as drugs that are banned and criminalised in most political institutions such as marijuana and cocaine. I will appeal to the implications of accepting paternalism towards drugs on the subsequent action that must be taken towards other potential. This will highlight the incompatibility between personal autonomy and paternalism. In order to prove the significance of autonomy I will use the principles of Frankfurt and Dworkin. Then I will appeal to the ethics of utilitarianism due to the underlying consequential motive of paternalism to address counter argument by