...Driving under the influence and religion Erin O’Brien Criminal Law Prof. Toni Starcher Drunk driver, Brent Birch struck pedestrian, Leah Russell with his car causing severe life-threatening injuries; he was on probation from a prior DUI case at the time. Ms. Russell lived long enough to refuse blood transfusions at the hospital citing a religious conflict; she was a Jehovah’s Witness. Ultimately, she succumbed to her injuries at the hospital a short time later. Jehovah’s Witnesses see blood transfusions as one of many barriers that could keep them out of heaven when they pass away. Because of this fact, many Jehovah’s Witnesses carry a card in their wallet that states this fact and that they fully understand their decision could have irreprehensible consequences to their potential quality of life. They do this so medical professionals do not deem their decision to be one made under extreme duress and under the influence of extreme pain (C. Miyoshi, personal communication, December 13, 2013). This case was a driving under the influence case that was complicated by the fact that Ms. Russell’s religious beliefs kept her from medical treatment that could have possibly saved her life. During the trial of Mr. Birch, prosecution witnesses testified that the blood transfusions might have saved her, but that they couldn’t be sure, though. If convicted of his charge of second-degree murder, according to the California Penal Code section 190, Mr. Birch would face 15 years...
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...Student corner n°1 Drinking and driving The text October 18, 2011, The NY times Friends Still Let Friends Drive Drunk By BARRON H. LERNER, M.D. On Sept. 15, Matthew Grape, 21, got into the passenger seat of a car with one of his Duke University fraternity brothers. The driver hit a tree, escaping with minor injuries, but killing his dear friend. According to local press reports, the driver was charged with impaired driving. Nearly 11,000 deaths related to alcohol-impaired driving still occur each year in the United States, despite a three-decade surge in anti-drunken driving activism, stricter laws and clever slogans like “Friends don’t let friends drive drunk.” There are more than 110 million instances of impaired driving each year, according to data from the 2010 Behavioral Risk Factor Surveillance System Survey and summarized in a new report from the Centers for Disease Control and Prevention. How can this still be occurring, and what can be done about it? Back in 1980, when Candy Lightner’s 13-year-old daughter, Cari, was killed in California by a drunken driver with several previous arrests for driving while intoxicated, including one only two days earlier, there was little public discussion of the topic, even though drunken drivers killed 25,000 Americans annually. Crashes were called “accidents,” and victims were characterized as having been “in the wrong place at the wrong time.” Police and prosecutors routinely allowed drunken drivers to plead to lesser offenses...
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...(Ralph Hingson, December 2003) Unfortunately statistics show that men have more of a likelihood to drunk drive then women. According to drunk driving stats.org In 2010, men were responsible for four out of every five DUIs. And although only 11% of the adult population is made up of males between the ages of 21 and 34, this high-risk group was responsible for 32% of all drunk driving episodes. A male who drank at least five alcoholic beverages in a short amount of time (or a female who drank at least four) caused 85% of all reported drunk driving incidents. It is a well known fact that driving under any type of mind altering substance or drugs is exteremly dangerous. Accidents including death are all too often the result of the poor decision of driving under the influence. Every day, people are seriously injured and even killed in drunk driving accidents. That’s why, even if it’s a first offense, every state has tough DUI laws and...
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...Chad Chambers BUSI301 Professor Martin September 25, 2011 Courtroom Observation The court case White vs. Patrick Gibbs and O’Malley’s Tavern took place in the United States District Court in the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern are pursuing a summary judgment. Summary judgment is the resolution of a case without trial if the judge deems that there are no disputes to the material facts of the case. The Defendants in this case claim there is no evidence to support that bartender John Daniels saw any visual signs of intoxication from Edward Hart and only contextual knowledge can be proven. If the defendants can prove there were in fact no visible signs of intoxication then they will not be subjected to any legal wrong doing based off the 1988 Indiana Supreme Court Case which stated that contextual knowledge alone will not suffice. The plaintiff, Deborah White, is requesting that the court denies the defendant’s request for summary judgment. The plaintiff claims to have sufficient evidence which will prove bartender John Daniels did see visible signs of intoxication from Edward Hart. Edward Hart had consumed 11 drinks within a two hour span while at the Tavern. Regardless of body type, shape or size that amount of Alcohol consumed by a single individual can reasonably infer that he had shown visible signs of intoxication. Edward Hart had been observed falling off of his stool as well as tripping over a pool stick by another...
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...As you say goodbye to your children as they prepare to go out for the evening you encourage them to have a few drinks before driving home. While this is not realistic to think any parent would encourage their teen to drink and drive, it is something that one might as well tell them if you permit these children to talk on a cell phone while driving. Is has been proven in many different states that teenage drivers are more susceptible to accidents without the use of a cell phone, but when they choose to add a cell phone to the mix, the potential for an accident increases significantly. Over the past 10 – 15 years, the number of cell phone users has steadily increased. With this increase, naturally comes at least an equal increase in the number of cell phone users who drive while talking on the phone. The National Highway Traffic Safety Administration (NHTSA) estimates “there are some 974,000 vehicles on the road at any given daylight moment driven by someone on a hand-held phone” (Glassbrenner, 2005). Anyone who has been driving for more than a year has been the “victim” of a cell phone driver on at least on occasion. There have been comparisons drawn which have been supported by various studies, some of which will be discussed throughout this paper, which equate the cell phone driver to a drunk driver. While it could be argued that there is no comparison between the two, the inference drawn by many of the surveys is...
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...more appropriate in some cases. When do you think that it is right to order people to work in the community to pay for their crimes? It has never been straightforward to know how to decide to punish criminals for their actions. It does seem clear, though, in this day and age that work in the community is a viable alternative to custodial sentences for minor offences and, perhaps, in cases where there are mitigating factors. In this essay, I attempt to explain when I believe these community service orders should be made. The first set of circumstances when community work is the appropriate sanction is for less serious offences when the offender shows remorse for his actions. Part of the reason for this is that it may be wrong to take away someone’s livelihood by sending them to prison, simply because they have written graffiti on a wall. Likewise, there is a significant danger that these minor offenders would become hardened criminals if they spent time with career criminals in prison. I would emphasise, however, that it should be a condition that the criminal regrets his actions and it is only appropriate for first time offenders. The other major instance when there is a strong argument to order people to work in the community is when their crimes are unlikely to be repeated. For example, someone who has caused an accident and been caught driving when drunk may not be sent to prison if they were driving their pregnant wife to hospital. In this case, it seems much better if...
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...Research Memorandum Date: September 8, 2014 To: John Smith From: Subject: Casualty Losses Summary of Facts John Smith and his girlfriend are at a party. John has several drinks with the understanding his girlfriend will be the designated driver. At the party, the couple has a fight and John’s girlfriend leaves with her friends. Knowing he has had too much to drink, John takes a two hour nap before he drives home. On his way home, he loses control of his vehicle and totals his brand new $50,000 BMW. When the police arrive, they administer a breathalyzer test. John’s blood alcohol level is .12, which is over the .08 limit set by the state. As a result, John receives a DUI. Due to the DUI, his insurance will not pay anything to replace his car. Issue Is John entitled to a casualty deduction for the cost of his car? Law and Analysis IRC §165(a) generally allows a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.” However, under§165(c), a limitation on losses of individuals is imposed. The deduction is limited to “losses of property not connected with a trade or business or a transaction entered into for profit, if such losses arise from fire, storm, shipwreck, or other casualty, or from theft.” The key term in this deduction limitation is casualty. In Justin M. Rohrs v. Commissioner, TC Summary Opinion 2009-190, Rohrs buys a new Ford F-350 pickup truck for $40,210.65 in August 2005. On October...
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...at the Liberty University School of Law presented a case in which it went before the United States District Court for the Northern District of Indiana. The case number is 82A04-8876-CV-285 Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. The purpose of the courtroom procedure is to argue the motion of summary judgment concerning the case of Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. Deborah White is the plaintiff. Amanda Babbitt and Jack Walsh are moot court attorneys represent Mrs. White. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern are the defendants. Two other moot court attorneys Benjamin Walton and Jordan Van Meter represent the defendants. There are certain requirements that a plaintiff must meet to recover damages. “The State of Indiana states: the defendant must have actual knowledge that the person to whom the alcoholic beverages was furnished was visibly intoxicated at the time the alcoholic beverage was furnished and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury or damage alleged in the complaint” (Gumprecht). The courtrooms process is intended to challenge the State of Indiana law concerning material fact. The courtroom also wants to argue the defendant’s motion for summary judgment. The plaintiff wants the case to proceed to trial. Mr. Bruno and Mrs. Deborah...
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...CREAC OF AMANDA LOWELL’S CASE CONCLUSION: Ms. Lowell is not likely to know that Monica would be driving after she left he party. RULE: A person of unlawful drinking age, with knowledge that the minor will soon drive a motor vehicle, may be held liable for damages caused by the minor to a third party, when proximate cause of such damage is the ‘furnishing’. Further, ‘Reasonable care’ is defined as the degree of care that an ordinarily prudent and competent person should exercise under similar circumstances, under § 51-1-40 (m). EXPLANATION: Similarly, In Riley the court held, 436 S.E.2d 659 (Ga. 1993) that if one in exercise of reasonable care should have known that the recipient of alcohol was minor and would be driving...
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...EXECUTIVE SUMMARY J&B has seen a steady decline in sales over the last two decades. To reverse this trend a new brand image is needed. This requires an ambitious new marketing campaign which highlights the new brand image. Creating a new brand image aimed at young people will increase brand loyalty and drive up sales and provides a solution for the foreseeable future. II. CURRENT SITUATION The purpose of this report is to describe a new marketing strategy for J&B, a business struggling with decreasing sales and profits. Analyzing trends and a market analysis help identify problems that need attention and identifies opportunities. Using a functional strategy and scrutinizing the product, price, place and promotion help assess the issues at hand. Symptoms of a downfall include decrease in market share, loss of sales, and decline in taste. III. PROBLEMS J&B struggles in part from poor brand management. The administrative staff changed several times contributing to internal instability. Brown spirits are trend sensitive. The sales of brown spirits fell from 2.1 million cases in 1991 to 975,000 in 1990. Advertising expenses increased from $3.50 per case in 1980 to $6.99 in 1990. The doubled advertising expenses still facilitated a 50% decrease in sales. Brown spirits has an aging consumer segment. In 1978 the average scotch consumer fell between ages 40-50. Dying baby boomers represent a majority of the consumer base. IV. SWOT ANALYSIS Refer to table 1 for...
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...The Scope of Practice of a Physician Assistant The term scope of practice has been defined as “The definition of the rules, the regulations, and the boundaries within which a fully qualified practitioner with substantial and appropriate training, knowledge, and experience may practice in a field of medicine or surgery, or other specifically defined field. Such practice is also governed by requirements for continuing education and professional accountability” (Defining Scope of Practice, n.d.). Physicians, nurses and all other medical professionals are required to know what their particular scope of practice includes and to adhere to those guidelines at all times. Many different types of healthcare professionals are found in an Emergency Room facility, and they will all have a scope of practice that they must adhere to. One such healthcare professional would be a PA or a Physician Assistant. A PA must work under the supervision of a Physician who is ultimately responsible for the PA’s performance and professional conduct with the patient. Any medical procedures that the supervising Physician performs in his scope of practice may be delegated to the PA, as long as the PA has had the necessary training and competency to successfully perform the procedure (Rogers, 2007). In an Emergency room setting a PA may be responsible for such patient care activities as evaluating incoming patients through the process of obtaining a complete and accurate health history, conducting physical...
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...Case 11.2: Tooheys Case Summary: - Tooheys, an Australian beer company, was accused of misleading and deceptive advertising. - Tooheys has 2.2% of alcohol in its beverages relatively lower than regular beers (6%). - Aboriginal Legal Service claimed that Tooheys’ advertising campaign implied that a person could consume as many 2.2’s as they can without getting legally intoxicated. - An experiment was taken place with sixty six participants to test Tooheys’ claim which also helped the Australian Federal Court to decide in favour of the company and declared them not guilty of deceptive and misleading advertising. Problem Statement: - The experimentation technique used by Tooheys lead to incomplete and invalid results. Analysis: - 66 volunteering participants attended a marathon drinking session to test the intoxication effect. - According to the drunken driving laws in Australia, a driver must have a blood-alcohol level no more than 0.05%. - The participants were required to drink 10 “middies”, equivalent to 10 ounces, of beer in an hour period. - 36 subjects stopped at only nine glasses, 4 threw up and were disqualified and 2 were unable to drink the minimum nine glasses. The rest were also disqualified as they did not manage to drink the minimum. Result of the experiment: - Justice J Beaumont ruled that “consuming enough 2.2 in an hour to reach the 0.05% level was uncomfortable and therefore an unlikely process”. Hence Tooheys could not be found guilty of deception...
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...University of Phoenix Material Week Three Worksheet Match the items in the Case Summary column to the Options in the right column by entering the correct corresponding alphabetical letter next to the numbers in the first column. Not all options will be used. | | |Case Summary | |Options | | | | | | | | |D |Shaun is driving home at night from work on a six-lane road, |Murder | | | |under the speed limit. There are no streetlights. A man is |Voluntary manslaughter | | | |crossing the middle of the street, and Shaun does not see him. |Involuntary manslaughter | | | |Shaun hits the man and kills him. |Justifiable homicide | | | | |Excusable homicide | | | | |Statutory rape | | | | |Malice aforethought | | | | ...
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...Case Brief for Lumpkin v. Mellow Mushroom Case Brief: Lumpkin v. Mellow Mushroom Case Name, Citation & Court: Lumpkin v. Mellow Mushroom, 256 Ga. App. 83, 567 S.E.2d 728, Court of Appeals of Georgia, decided 2002. Parties & Procedural History: Trial Court Level: Plaintiff Lumpkin sues Defendant Mellow Mushroom. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Plaintiff appealed. First Appeal: Ga. Court of Appeals affirmed judgment for Defendant. Facts: Mellow Mushroom is an establishment that is known for serving beer to underage patrons. On June 7, 2000, Christian sat at Mellow Mushroom’s bar and drank an undisclosed amount of beer. Several witnesses who had seen him that night reported that Christian Lumpkin did not appear to be drunk while others stated that he might have been “mildly” intoxicated. Lumpkin left Mellow Mushroom at approximately 12:30 a.m. and drove to Seth Calloway’s house. Once there, Lumpkin and Calloway decided to buy some beer and visit another friend. They went to the store in Calloway’s Jeep, which does not have a passenger side door. Calloway drove while Lumpkin sat on the passenger seat. During the drive to their friend’s house, Lumpkin unbuckled his seat belt and began hanging out of the Jeep. At some point, Lumpkin lost his grip and fell out of the car. He was taken to the hospital and later died from his injuries. Lumpkin’s parents are suing Mellow Mushroom. Plaintiff’s...
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...Homework: 1. Case Brief Case Brief: Lumpkin v. Mellow Mushroom Case Name, Citation & Court: Lumpkin, et al. v. Mellow Mushroom, et al, 256 Ga. App. 83, 567 S.E.2d 728 Court of Appeals of Georgia No. A02A0359, Decided June 24, 2002 Parties & Procedural History: Trial Court level: Plaintiff Lumpkin sues Defendant Mellow Mushroom. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Facts: Eighteen-year old Christian Lumpkin died from injuries he sustained when he fell out of a Jeep driven by his friend, Seth Calloway. Mellow Mushroom was known among Christian’s peers as an establishment that served beer to underage patrons. On the evening of June 7, 2000, Christian sat at Mellow Mushroom’s bar and drank beer. It is unclear how much beer Christian consumed, but several witnesses who had seen him that night reported that he did not appear to be drunk, while another stated that he may have been “mildly” intoxicated. Christian left Mellow Mushroom at approximately 12:30 AM and drove to Callaway’s house. Once there, he and Calloway decided to buy some beer and visit a friend. They went to the store in Callaway’s Jeep, which did not have a passenger side door. Callaway drove, and Christian sat in the passenger seat. During the drive to the friend’s house, Christian unbuckled his seat belt, and began hanging out of the Jeep. At some point, Christian apparently lost his grip and fell out of the Jeep. He was taken...
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