...Murder and Wrongful Death Michael Missildine Law and Society CRJU-3313 Midwestern State University Abstract Murder is a crime in which one human being kills another human being. Murder is the most damaging of crimes to society. Murder goes against all morals and values in both historical and modern society. Social Scientists argue that legally authorized executions and abortions of unborn children can also be classified as murder. There are a number of cases where murder has gone from being a criminal case to a civil case of wrongful death. Many murder cases where a Jury did not convict a suspect of murder went further to become a wrongful death law suit in which the family sued the Defendant. Such cases have made major headlines such as the case in which OJ Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. The families of Goldman and Nicole Simpson then sued OJ Simpson in civil court and received a judgment against Simpson for approximately $30 million dollars. This case was appealed and the judgments were affirmed by the Appellate Court in California. Cases of this nature set the stage for these actions and the types of remedies that are available to victim’s families. Should families of victims have the ability to sue a Defendant for the murder of another? Should the murder suspect be sued for wrongful death even if they are not convicted in criminal court? Murder cases in criminal court must have evidence proving that the alleged...
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...against Johnson & Johnson Company in the past years. There was a wrongful death case filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops. When we talk about a wrongful death case, someone’s life was taken resulting from the willful or negligent act of another person or persons. After this case was filed against Johnson & Johnson, the FDA started working with the company to address its systemic quality issues (Dooren, 2010). According to the Food and Drug Administration’s Principal Deputy Commissioner, over the last several years, they have had growing concerns about the quality of the company’s manufacturing process. Johnson & Johnson Tylenol Lawsuit There was a wrongful death lawsuit filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops and there was a recall of children’s Tylenol. The Food and Drug Administration (FDA) analyzed that the use of prescription and over-the-counter cough and cold medicines in children younger than 6 years of age had been tied to serious side effects, even death (Dooren, 2007). Cough and cold products are made by several manufacturers including a unit of Johnson & Johnson. Some cold products are marketed as “infant” drops. Most product labels tell parents to consult a physician in obtaining the proper dose for younger children (Dooren, 2007). In this particular case, the 2-month old infant died in April 2010, just three days...
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...Wrongful Convictions A man who was caught in a crime scene at the wrong time, is now serving 25 years to life, for a crime he did not commit, this is an example of a wrongful conviction. Wrongful convictions occur when innocent defendants are found guilty in criminal trials, or when defendants feel forced to plead guilty to crimes they did not commit in order to avoid the death penalty or very long prison sentences. In some instances, the law runs into convictions before getting complete facts, which is very unfair in the criminal justice system. Also, in the United States about 10,000 people may be wrongfully convicted of serious crimes each year according to Ohio states. This shows that it’s a major issue that needs to be solved; therefore,...
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...and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us how the criminal justice system is in need of much repair and how the Michigan Innocence Clinic can combat troubling trends of the system. In each case that have been worked on, the Michigan Innocence Clinic have uncovered overlapping causes of wrongful convictions. There are many causes of wrongful convictions, but there are a few common causes that the Michigan Innocence Clinic have found:...
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...Wrongful custodial deaths and suicides that occur while in custody. A custodian death is when a person dies in the prison facility or the custody of police officer and some other authorities. Custodial deaths remain an argumentative question, with authorities often being accused of racism, abuse, and cover-ups of the manners and causes of deaths. A Wrongful custodial death usually results in the civil lawsuits by the estate. “A lawsuit filed a wrongful custodial death will allege that the agency as a whole was intentional, a grossly negligent, or deliberately indifferent to the needs of the deceased” (Ross 2013 pg. 390). The Wrongful custodial deaths lawsuit normally assert that the department’s rule, custom, and procedure were the immediate...
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...Week 2 Case Analysis Ashley Ulbrik Tammy Lou Fontenot v. Taser International, Inc Facts: Tammy Lou Fontenot (plaintiff) filed a wrongful death lawsuit against Taser International, Inc on behalf of the deceased, Daryl Turner. Turner fell while receiving shock from a taser and could not be resuscitated. A jury awarded Fontenot $10 million in damages for Turner’s wrongful death. Taser International, Inc filed for JNOV and a new trial or remittitur as they felt the damages awarded were excessively high. Issues presented: In this case, does Taser International, Inc present grounds for JNOV, a new trial or a remittitur regarding the damages awarded? JNOV is applicable if the evidence provided in the suit could not have swayed reasonable people to the decision made by the jury. A new trial would...
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...The death of a loved one is always emotionally devastating, but it can also be financially stressful if your family relied on that person's income. Fortunately, the law gives you the right to collect financial compensation if the loss of your family member was caused by the negligence or malice of another party. According to Goicoechea, DiGrazia, Coyle, & Stanton, an accomplished law firm based in Elko, NV, wrongful death lawsuits can provide the means to minimize the disruption to the lives of survivors while holding the responsible parties accountable. In general, a wrongful death suit can be considered a type of personal injury claim. This means that any situation that could have lead to a lawsuit if the victim had survived may result in...
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...Amy and Matt Stark can allege a cause of action of wrongful birth against Loving Homes more effectively than negligence and breach of contract. Pennsylvania declared the bar on the wrongful birth statute, 42 Pa.C.S.A. § 8305 (1988), unconstitutional in 2012. Therefore, wrongful birth can be alleged as a tort in the commonwealth. To allege breach of contract, a contract stating that Loving Homes would screen for cystic fibrosis would need to be found during discovery, and to allege negligence we would need to find that they neglected to screen for CF based on the supposed contract or neglected to inform Amy and Matt about the CF gene from donor 3409’s medical history. For now we should allege all three claims in the complaint just in case there is a contract to be found if we reach the discovery period....
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...Death penalty in America Death penalty debate has been a daily talk for quite some time now. This has been a very controversial that has engaged many organizations and countries in the debate. Some oppose this form of punishment based on moral and judicial grounds. These grounds include wrongful conviction base on DNA tests. Other grounds include wrongful conviction based on race. Those supporting death penalty argue that death penalty creates a feeling of safety since it instills fear in potential criminals. They also hold that those convicted despite their race actually did the crime they are convicted for. Some countries like Canada and New Zealand do not believe in the administration of death penalty as a means of punishment. Therefore, until today there is no agreed provision used by the judiciary to reach at a decision of such cases. United States, China and Japan among other countries believe that death penalty is a favorable sentence. United States has authorized death penalty in most federal governments, including the military. Some of the methods used in death penalty include the electric chair. Most of these procedures used in death penalty have been considered to be violating constitutional rights. Though fewer legislatures have been made to change these procedures, death penalty should be abolished. This is the position that is appropriate and offer should be supported. It is a racist tool of criminal punishment. Evidences explaining the reasons against this...
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...Date: Should “Wrongful Birth” or “Wrongful Life” Lawsuits be Allowed? Introduction The field of biomedical science has technologically improved to make it possible for medics and the parents of the unborn child to know whether a child will be born with defects or having acquired diseases that are hereditary in nature. Through advancement of technology in the medical field and the legality associated with the practice of abortion, a new class of tort developed in the 1970s. This tort was named as the wrongful birth and wrongful life. As at now, various prenatal tests such as ultra sound and Down syndrome enable early detection of congenital ailments and disorders. This development therefore enables parents to undergo tests that determine if they are carriers of hereditary diseases that may affect the developments of their infants. For example, since the development of medical technology, women who suffered from German measles in their first twenty-eight weeks of their pregnancy were known to bear children with defects. Developments of these medical techniques deduce the likelihood of wrong and incompetent application. For example, if German measles is misdiagnosed and such testing yield false results, prospective parents who are in such a risky situation may not be warned. As such, they might not receive the warranted counseling to undergo such tests. While such negligence occurs, the possibility of giving birth to a defective child is very high. This case can be avoided...
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...Jackie Delaney World of Crime Fiction Professor Nagy 12/14/15 Using DNA to Prove the Innocence of Death Row Inmates How has DNA evidence helped to identify innocent people on death row? DNA is a key factor in validating or invalidating the prosecutor or defendants case against the accused. This topic raises the question of how many people on death row are really meant to be there and how many are actually innocent. Before DNA evidence became more advanced most people were identified by eye witness accounts. With out further looking into cases of people on death row who had been accused during this less advanced stage in forensics some of them may be innocent people being put to death for a crime they did not commit. According to C. Ronald...
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...Keong Min Oh Conflict of Laws Prof. Perez Lilienthal v. Kaufman Majority First restatement Opinion: The First restatement is heavily focused on vested rights theory. The case at bar deals with the collection of unpaid two promissory notes. The right in this case was vested at particular forum where the place of making was. The contract to buy binoculars was executed and formed in California. “The defendant went to San Francisco to ask the plaintiff, a California resident, for money for the defendant’s venture. The money was loaned to defendant in San Francisco, and by the terms of the note, it was to be repaid to plaintiff in San Francisco.” Lilienthal v. Kaufman, P.2d 543 (Or. 1964). Since the defendant and plaintiff agreed for the contract to be formed was based in California, California law is to be applied in this case, thus allowing the plaintiff to recover. Dissent: Although vested rights theory allows the plaintiff to recover under California law, the first restatement of conflict of laws provides three escapes when the outcome is not preferred. The particular theory relevant in this case is “public policy” escape. Oregon’s public policy is shown on its legislative history. Oregon has a strong policy protecting innocent persons from fraud. The defendant in this case was a spendthrift who is placed under the guardianship. The defendant was aware of the fact that if his control of the funds was under the guardian’s authority. The defendant did not place...
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...Wrongful Convictions Author: Balko, Radley After carefully reading the article “Wrongful Convictions” by Radley Balko (Reason. Jul2011, Vol. 43 Issue 3, p20-33 14p.) I have learned how our technology has advanced greatly in the last 2 decades as far as DNA testing and Forensic Science is concerned. Though still suggests all possible mistakes and errors made in a wrongful conviction case. This article has also shed light on the ignorance and indolence of our government and all other parties involved in these wrongly convicted cases such as our law enforcement, members of the bar, judges, forensic analysts, and many more. As well as pointing out the trials and tribulations of the wrongly convicted from the first initial interrogation to the conviction and then on to what may or may not lead to their cases being overturned and those accused of being “guilty” proven innocent and being set free. Their main example used in this article pertaining to the wrongfully convicted cases in the United States was a man named Paul House. The first exoneration took place in 1989 thanks to the advancement of DNA testing. Since then 268 convicts have been exonerated and set free. On average most of those had already served 13 years in prison as well as waiting on death row. It has been found that 17 convicts that have already been sentenced to death were wrongfully convicted. Now since the onset of DNA testing in the year 2000 it has added great pressure for those awaiting the death penalty...
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...Facts of the Case Around July 21, 2002 Plaintiffs were parents who were in a car accident while carrying their unborn child, by the defendant who was intoxicated after leaving a bar that was owned by defendant landlord. The parents proceeded to sue defendants for personal injury and wrongful death. The owner of the bar and landlord both lead to dismiss the wrongful death and the landlord dismissed all of the counts against it as well. When D drove his pickup truck, Madruga drove out of his lane and at a high speed ended up hitting the car of the couple P, Luc and Chin, killing their unborn child in her. Due to the impact of the hit of the pickup truck to their car, as Luc was about to get out of the car. Cause of Action P, Luc and Mic Chunh...
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...Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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