Examples Of Court Cases

The constant years of abuse drove her into believing that it was her life or his. If she were to have been tried guilty, it would have been an aimless sentence, for she did not understand the extent of her actions, due to staggering abuse that made her temporarily insane. When denying a defense pleading insanity, it disregards the justice the sentence is supposed to serve. In the article “The Insanity Defense and the Constitution,” written by Lincoln Caplan, he analyzes a court case where there was no insanity plea available. He concludes that when a serious mental disorder refrains a person's understanding that the given sentence was retribution for his or her crime, it shows no purpose of criminal justice. Along with serving a misunderstood sentence, it does not enhance public safety since “states can civilly commit anyone who is found not guilty of a crime by reason of insanity for an indefinite period, until they are no longer dangerous,”

The plaintiff was a student of his class and the defendant evidence was that he was unaware of the firing of pellets but the if he had had been aware he would have without a doubt taken the actions to shut it down and stop the pellets being shot across the class room. If the defendant had taken actions to stop the students from doing these actions the chain of causations would have been avoided and the student wouldn’t have been struck in the eye by a paper pellet. A case related to this Johns v Minister of Education, Chinner and Beck (1981) 28 SASR 206 the defendant was being sued for negligence. The case was the defendant who had been teaching a class when she had become aware of two boys using catapults to fire ballpoint pens. The defendant told the students to throw the catapults in the bin and later in that lesson she was not aware that a student had retained a catapult and the plaintiff was struck in the eye when a ballpoint pen was discharged by a catapult. In this case the teacher cannot be found negligence because she had told all students to throw out the catapults and to her knowledge they had and so in comparison to the first case the teacher was not adequately supervising the class and had not stopped the students from shooting paper pellets across the

The psychological neglect of a child or the client basically occurs through constant non-responsiveness and physical or psychological unavailability that denies the person of support, gentleness, and psychological stimulation. On the contrary, the abuse of an individual is considered as the acts of commission in which definite abusive behaviors are directed towards the person. The abusive behaviors can be physical, psychological, and/or sexual with long-term indistinct thinking patterns, interpersonal difficulties, emotional disturbance, and post-traumatic

The Department of Social Services found her guilty of the neglect to guide her children in

According to the scholarly article, “The Third National Incidence Survey of Child Abuse and Neglect defines physical child neglect to include refusal of health care, delay in health care, abandonment, expulsion, inadequate supervision, or other physical neglect.” (Bolger, 396) In Jeannette 's life it is clear her family neglected her, although it may have been unintentional, or the fact that her family could not make ends meet. It is quite obvious that her upbringing was not filled with the needs or necessities which her fast paced family who moved from place to place provided. Aside from “sneaking” Jeannette out of the hospital when she had severe burns on her body and was still recovering, the siblings also faced similar neglect, due to the fact that Rose and Rex did not believe in hospitals and conforming to it, their kids were the ones who got hurt from this. “Mom said he had fallen off the back of the couch and cracked his head open on the floor but she and Dad had decided not to take him to the hospital.” (Walls,13) Brian, was a victim of his non-conforming parents. They neglected him by not caring about what he did and not supervising properly, and when he got hurt they refused to

United States can be analyzed to support the charge. The case involved Shirley Green who was not the legal guardian of a child that failed to provide food and medicine for the child resulting in his death. She was charged with involuntary manslaughter, but it was reversed because there was no finding of legal duty CITE218. Legal duty is a critical element is cases and since Mrs. Kones has a legal duty for the care of John Jr. she can be charged with this crime. Within the text it explains that someone ca be held criminally liable when there is a statute that imposes a duty. Next, when someone has a certain relationship to another. When someone accepts a contractually duty to care for someone. Finally, when someone voluntarily assumes the responsibility to care for another CITE 218. The next individual that can fall under this category is the defendant’s husband, Charley Kones, despite not being the biological father of the child, upon marrying Cynthia he assumed responsibility for her offspring. This can be supported by the case of People v. Carroll were a stepmother was charged with child endangerment for failing to stop he husband from killing his daughter CITE229. The New York Court of Appeals concluded that the stepmother had a duty to care for her husband’s children because “a person who acts as the functional equivalent of a parent in a familial or household setting is … legally responsible for a child’s care” CITE229. The husband

Plaintiff claims false arrest and excessive force. Plaintiff claims he was trying to enter his apartment building when was stopped by Det. Selwyn Fonrose and ordered to get on the floor. Plaintiff states Det. Fonrose forcibly put him on the ground and hit with a police radio. Plaintiff states he was arrested and taken to the precinct, then the hospital where he received staples to his head.

After reading “Driving While Stupid,” by Dave Barry, he tells us about some of his experience with seeing bad drivers. Barry uses many old experiences while being in Miami, China, Boston, and Argentina. I agree with this statement because in almost every city I been in the driving was terrible. Everyone, in some way or another, has witnessed people drive very stupid and reckless. Barry indicated that some drivers use insane driving techniques. These include driving very fast, failure of the utilization of headlights at night, and having distractions for the view of the drivers. He says that the drivers do not have a sequence for navigation since some are involved in phone calls, eating, reading, changing CDs, crowd surface makeup, etc. This is a common thing for teens and even adults to be distracted behind the wheel. He drove through various cities where the traffic laws are constantly being violated. For example, has only one traffic law, which is “No driver may ever be behind any other driver.” In his opinion, Miami drivers are the worst drivers that he has ever witness because of the guy who was driving on 1-95. He was watching videos on his phone and was clearly not paying attention to the road or any other drivers. This does not only affect him but also the other people around him. He was not be cautious of the road and putting his and others lives in danger.

Plaintiffs allege that defendants had prior knowledge that their daughter was a target for murder by a psychiatric patient and failed to warn the victim or anyone capable of stopping act. Defendants had notified campus police of patient’s intent, but after detaining him briefly, chose to release him because he “appeared rational.” Plaintiffs allege liability based on defendants’ failure to warn of impending danger, and failure to confine the patient. The Superior Court of California sustained the defendants’ demurrers to plaintiffs’ complaints. Appeal followed.

In addition, Ann wet her pants and this fact can show the sign of impairment of her physical condition because she was in need of parental care to help her with using the bathroom. Further, their attempt to go find their mother demonstrates their mental stress. Arguably, it shows that their emotional distress, and that they desperately needed their mother because they wanted to see her even though they weren’t sure if they could find her. In her defense, Ms. Ryan can argue that children often cry or wet their pants even when they are closely supervised. In this case, Ms. Ryan’s children told the CWS investigator that she was a “good mommy,” she never left them alone, and “mommy was nice.” These statements of the children would likely support that Ms. Ryan’s argument that she is not a neglectful or abusive mother because they both find her to be a good mother. The fact that the children regard Ms. Ryan as a good mother is probative of her providing her children with good care. More likely than not, the court would conclude that the children’s physical, mental or emotional conditions were not sufficiently

* Infanticide: involves a mother causing the death of a child within the first year of life. This can also be used as a defence for mothers who say that mental illness affected their decision.

The competency to stand trial is coming into question in the case against Deasia Watkins. The CBS news article illustrated a 20-year-old mother who has allegedly decapitated her infant daughter. The police arrived to find Watkins’ 3-month-old child decapitated on the kitchen counter in the home of the child’s aunt that was temporarily caring for the child. Watkins appeared to be suffering from mental issues when she was found in bed covered in her child’s blood. Watkins has to be sent for treatment and further evaluation at a psychiatric hospital with the intention to restore her competency so she will be able to stand trial on an aggravated murder charge in the death of her child. She was already considered a threat to the child and diagnosed with postpartum psychosis prior to the incident. Social workers found the child a home with her aunt, but were not aware that Watkins had moved in. Doctors have six months to restore her competency for a hearing in October to reevaluate her mental stability. Even after that evaluation doubtable question of whether or not Watkins was competent at the time of the murder of her infant daughter still comes to mind.

Where the child is at risk of serious harm – this may be by abuse or neglectful behaviour of a carer

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

Vaccines, doctors say, provide a safeguard and help prevent anticipated pains. The same could be said ― could it not? ― about traffic stop signs. Regard the situation at hand, and, taken aback, propensity forces the mind to think; neglect this subject matter if it is a burden on your brain. Nonetheless, the stop sign is still disrespected. It seems to just be a misplaced piece of metal shoved into the earth, one’s pet-peeve, a chore given at the wrongest of times. Inconvenience, we grumble, is senseless (especially in this era of technological pace). Still what is so often haphazardly followed, as the stop sign ― unless it be a safeguard in itself.