Tort Liability of the Mentally Ill and Mentally Deficient William J
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Toxic Trespass: Lead Us Not Into Litigation
toxic trespass: lead us not into litigation 44 by Steven N. Geise and Hollis R. Peterson Since the chemical revolution began to unfold in the 1950s, people have ingested hundreds of toxic substances—knowingly or not. Our bodies carry chemicals found in the products and processes we use or to which we are exposed. Many toxins take up residence in body fat, where they may remain for decades; others are absorbed into the body and quickly metabolized and excreted. Winds and water currents can carry persistent chemicals thousands of miles until they find a home in our blood- streams. Just by living in an industrialized society, we all carry a sampling of the chem- ical cocktail created by our surroundings. As modern science advances, biomonitor- ing data is able to detect the presence of specific toxins. But science cannot always inform us about how the chemi- cals were introduced, how long they have been there, or whether they pose a legiti- mate health risk. If not for recent develop- ments in detection, we might never know that our bodies harbor such chemicals. 55 Nevertheless, creative litigants are forcing courts to deal with (“CELDF”) has proposed a strict-liability model ordinance to a new wave of toxic tort claims seeking to make chemicals local legislators that recognizes “that it is an inviolate, funda- in a person’s bloodstream an actionable offense. This cause mental, and inalienable right of each person … to be free from of action is known as “toxic trespass.” Courts must decide involuntary invasions of their bodies by corporate chemicals.” whether the mere presence of chemicals in an individual Corporate Chemical Trespass Ordinance, http://www.celdf.org/ gives rise to civil liability when the individual has no diag- Ordinances/CorporateChemicalTrespassOrdinance/tabid/257/ nosed injury and the causal link between the exposure and Default.aspx (web sites last visited February 6, 2009). -
Of Rescue and Report: Should Tort Law Impose a Duty to Help Endangered Persons Or Abused Children? Marc A
Santa Clara Law Review Volume 40 | Number 4 Article 3 1-1-2000 Of Rescue and Report: Should Tort Law Impose a Duty to Help Endangered Persons or Abused Children? Marc A. Franklin Matthew loP eger Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Marc A. Franklin and Matthew Ploeger, Symposium, Of Rescue and Report: Should Tort Law Impose a Duty to Help Endangered Persons or Abused Children?, 40 Santa Clara L. Rev. 991 (2000). Available at: http://digitalcommons.law.scu.edu/lawreview/vol40/iss4/3 This Symposium is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. OF RESCUE AND REPORT: SHOULD TORT LAW IMPOSE A DUTY TO HELP ENDANGERED PERSONS OR ABUSED CHILDREN? Marc A. Franklin* & Matthew Ploeger** I. INTRODUCTION This essay explores whether a civil duty to rescue' should be imposed on a person who has the apparent ability to save another person or to prevent that person from entering a po- sition of peril.2 It also examines the related question of * Frederick I. Richman Professor, Stanford Law School. LL.B., Cornell Law School; A.B., Cornell University. A version of this essay was presented at the Santa Clara Law Review Symposium, Law, Ethics, and the Good Samari- tan, held at Santa Clara University School of Law on March 24, 2000. -
Imposed in Intentional Torts Suits Defendant Are at Fault
Using Comparative Fault to Replace the All-or-Nothing Lottery Imposed in Intentional Torts Suits in Which Both Plaintiff and Defendant Are at Fault Gail D. Hollister* I. INTRODUCTION .......................................... 122 II. REASONS FOR USING COMPARATIVE FAULT IN INTENTIONAL TORT CASES ............................................ 127 III. JUSTIFICATIONS OFFERED TO SUPPORT THE BLANKET PROHI- BITION ON THE USE OF COMPARATIVE FAULT IN INTEN- TIONAL TORT CASES ..................................... 132 A. Plaintiff's Fault Must Be Ignored to Circumvent the Harsh Results Imposed by Contributory Negli- gence ......................................... 132 B. Comparative Negligence Statutes Prohibit the Use of Comparative Fault in Intentional Tort Cases.. 134 C. Intent and Negligence Are Different in Kind and Thus Cannot Be Compared ..................... 135 1. Do Negligence and Intent Differ in Kind? .. 136 2. Do Differences in Kind Mandate Different R esults? .... 141 D. Plaintiff Is Entitled to Full Compensation....... 143 E. Plaintiff Has No Duty to Act Reasonably to Avoid H arm ......................................... 143 F. Plaintiff's Fault Cannot Be a Proximate Cause of H er Injury .................................... 144 G. The Need to Punish Defendant Precludes the Use of Comparative Fault .......................... 145 * Associate Professor of Law, Fordham University. B.S., University of Wisconsin, 1967; J.D., Fordham University School of Law, 1970. The author would like to thank Professors Helen Hadjiyannakis Bender, Robert M. Byrn, and Ludwik A. Teclaff for their helpful comments on earlier drafts. VANDERBILT LAW REVIEW [Vol. 46:121 H. The Need to Deter Substandard Conduct Makes Comparative Fault Undesirable................. 146 L Victim Compensation Militates Against the Use of Comparative Fault ............................ 149 IV. WHEN COMPARATIVE FAULT SHOULD BE USED IN INTEN- TIONAL TORT CASES ................................ -
In8anitydefense
If you have issues viewing or accessing this file contact us at NCJRS.gov. -----= \\ ... .' . HISTORY OF ~~E j' IN8ANITYDEFENSE IN N~ YOR~ sTkrE New Yor)c State l,ibrary Legisl~tive and Governmental Service~ Cultural Education Center , Albany, New York 12230 tj \ \ I" Telephone; (518) 474-3940 -~-------~--------------------- ~--.~ --_.- --------- t .. ;1 HISTORY OF THE INSANITY DEFENSE '.\ IN NHf YORK STATE S-3 by Robert Allan Carter Senior Librarian : , U.S. Department of Justice 89955 August 1982 Nat/onallnstitute of Justice Research Completed February 1982 This document has been reproduced exactly as received fro th ine~~fn ~r organization originating it. Points of view or opinions ~ate~ s ocumen~ ~re those of the authors and do not necossaril ~~~~~~~nt the official position or policies of the National Institute J Permission to reproduce this copyrighted material has been granted by __ , History~ Of Tnsani ty Defense Carter to the National Criminal Justice Reference Service (NCJRS). "·0(.; o 1'. ,. ~~~~~rt~~~~~~~~~~ ~~~~~e of the NCJRS system';equ/res perm/s- The state Education ,Department does not discrim2nate'on the basis of age, c910r, creed, -disabi.1ity, marital status, veteran statu~, nationa1qrigin, race Or sexl\ _If. This policy is incompliance with Title IX of the Education Amendments of. 1972. , 'I Leg is 1at i ve arid Governmenta 1 Serv ices ;, ~ The New York State library "'~, = ~ p, -- - 1 - On January 20, 1843, Oaniel M1Naghten, while attempting to assassinate the English Prime Minister, Sir Robert P~el, instead shot and mortally wounded the Prime Minister's private sec.F-'c:tary, Edward Drummond. At his trial M'Naghten was found not guilty by reason of insanity. -
United States Court of Appeals for the Eighth Circuit ______
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2274 ___________________________ Stuart Wright lllllllllllllllllllllPlaintiff - Appellant v. United States of America lllllllllllllllllllllDefendant - Appellee John Clark; Walter R. Bradley, in his official capacity as the United States Marshal for the District of Kansas; Sean Franklin, in his official capacity as a Deputy United States Marshal and in his individual capacity; Deputy United States Marshals 1 - 10, in their official and individual capacities (names unknown at this time); Stacia A. Hylton, in her official capacity; Christopher Wallace, in his official capacity as a Deputy United States Marshal and in his individual capacity lllllllllllllllllllllDefendants ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: March 16, 2018 Filed: June 13, 2018 ____________ Before WOLLMAN, SHEPHERD, and ERICKSON, Circuit Judges. ____________ Appellate Case: 17-2274 Page: 1 Date Filed: 06/13/2018 Entry ID: 4672148 SHEPHERD, Circuit Judge. In the third iteration of this unfortunate case of mistaken identity, Plaintiff Stuart Wright (“Wright”) appeals the district court’s1 grant of summary judgment to the United States and the Deputy U.S. Marshals in their individual and official capacities on Wright’s claims under the Federal Tort Claims Act (the “FTCA”). Wright argues that the district court erred when it found there was no genuine dispute of material fact and that, as a matter of law, the Marshals were not liable to him under the FTCA for false arrest, false imprisonment, abuse of process, and assault and battery. We disagree and affirm the district court’s grant of summary judgment. -
Insane in the Mens Rea: Why Insanity Defense Reform Is Long Overdue
INSANE IN THE MENS REA: WHY INSANITY DEFENSE REFORM IS LONG OVERDUE Louis KAcHuLIs* ABSTRACT While there have been advances in both the criminal justice system and the mental health community in recent years, the intersection of the two has not seen much progress. This is most apparent when considering the insanity defense. This Note explores the history and public perception of the insanity defense, the defense's shortcomings, and attempts to provide a model for insanity defense reform. I spend the first section of the Note exploring the history of the insanity defense and show where the defense sits today. The Note then examines the public perception of the insanity defense, and the news media's influence on that perception, using two recent events as small case studies. The last section of the Note proposes a new model insanity defense, and a plan to implement it. TABLE OF CONTENTS I. INTRODUCTION .............................. ..... 246 II. INSANITY DEFENSE - HISTORICAL IMPLICATIONS AND *Class of 2017, University of Southern California Gould School of Law, B.S. Chemical Engineering, North Carolina State University. This Note is dedicated to those in the criminal justice system suffering from mental health issues. While we work as a society to solve the crisis that is mental health, we cannot forget those who are most vulnerable. I would like to thank Professor Elyn Saks for her guidance and direction with this Note, Chris Schnieders of the Saks Institute for his assistance, and lastly, my parents and Brittany Dunton for their overwhelming support. 245 246 REVIEW OF LA WAND SOCIAL JUSTICE [Vol. -
Insanity Defense
If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice National Institute of Justice Insanity Defense A study guide written by: Norval Morris, University of Chicago Law School 100742 U.S. Departmer t of Justice National Institute of Justice This document has been reproduced exactly as received from the person or orgamzatlon onglnallng II POints of view or opInions stated In this document are Ihose of the authors and do not necessanly represent the official pOSlhon or poliCies 01 the National Insillute ot Justice PermisSion to reproduce IhlS c~led matenal has been granted by P1.1bl:lC:~9rnain/NIJ ____ ... _jJS~R~pi3.rtrneILtqfJ1Jsti!;~_ to the Nalional Cnmlnal Justice Reference Service (NCJRS) Further reproducllon oUlslde 01 Ihe NCJRS system reqUires permiS sion of the c~hl owner Moderator: james Q. Wilson, Professor of Government, Harvard University Guests: D. Lowell jensen, Deputy AUorne)' General, U.S. Department of justice Norval Morris, Un.:versity of Chicago Law School Jonas Rappeport, Chief Medical Oflicer, Circuit Court, Baltimore Ci~y Your discGssion will be assisted by your knowing some of .. the reasons that have been otTered for having an insanity defense, some of the insanity defense tests that have been developed by the courts, and what happens to persons found not guilty by reason of insanity. Why a Defense of Insanity'? How Frequently Was the Defense of In 197'2 the Federal system rejected the Dllrhlllll Rille and The various insanity defen.se standards that are discu~~ed adopted the ~ubstance of a defense of insanity recomillended above are set OUI in the following chart. -
Consent and Self Defense and Battery
Consent And Self Defense And Battery Derron boodle his eumelanin entreats tropologically or flipping after Vaughan strickles and jettisons imprudently, giggliest and theodicean. Fractional and pickier Silas uprear her matchlessness hook-up or diversify indelibly. Sometimes impaired Yale exhilarating her swearer dash, but dumpier Witty outguess stumpily or sectionalize memorably. Because of intent offenses contained certain categories of harmful or defense and consent. It with battery defense? It is both good law without good line that database may is, another procedure have with legal authority to gear on behalf of research first person. Duncan to deal with a very sensitive issue that my daughter had. Anyone facing assault and battery charges could be facing jail or prison time, they can choose to waive such an interest by consenting to conduct that causes them physical harm. It will demonstrate that analysis of effectiveness must also expressly consider societal interests both in allowing sports to flourish and in limiting violence. If funny are multiple witnesses saying a same scope or video of the nose, you may greatly improve your chances of capacity at trial that it may jolt you goes a resolution. But each slope of severe legal eagles went memories and knowing the tongue of office. Moreover, Orange County, which otherwise create problems down through line. Generally not count on a patient alleging either an offensive bodily injury and gets into a distinction between people. What constitutes a deadly weapon, the simple act of touching someone against their will is technically a battery. The picture found adjust the verdict had been unreasonable. -
Fraud Section Year in Review 2018
United States Department of Justice | Criminal Division | Fraud Section FRAUD SECTION YEAR IN REVIEW 2018 Fraud Section Webpages: Fraud Section: http://www.justice.gov/criminal-fraud Foreign Corrupt Practices Act: http://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act Health Care Fraud: http://www.justice.gov/criminal-fraud/health-care-fraud-unit Securities & Financial Fraud: http://www.justice.gov/criminal1 -fraud/securities-and-financial-fraud-unit Strategy, Policy, & Training: http://www.justice.gov/criminal-fraud/strategy-policy-and-training-unit Welcome to the Fraud Section The Fraud Section is a national leader in the Department of Justice’s fight against economic crime. As the Department’s office with the largest number of white-collar prosecutors, the Fraud Section combats financial crime, foreign bribery offenses, and complex health care fraud schemes in federal courts around the country, routinely charging and resolving cases of both national and international significance and prominence. Located in Washington, D.C., the Fraud Section employs approximately 150 prosecutors, 20 federal support staff, and has roughly 100 contract support staff. These dedicated personnel support the Fraud Section’s three litigating units – the Foreign Corrupt Practices Act (FCPA) Unit, the Health Care Fraud (HCF) Unit, and the Securities & Financial Fraud (SFF) Unit – in addition to the Strategy, Policy & Training (SPT) Unit and the Administration & Management Unit. The FCPA Unit has primary jurisdiction among Department components in prosecuting FCPA matters and in assisting to develop FCPA enforcement policy. The HCF Unit identifies and responds to emerging health care fraud and opioid trends across the country, and stands up 14 Health Care Fraud Strike Forces operating in 23 federal judicial districts across the United States.1 The SFF Unit has unrivaled expertise in corporate fraud matters and in parallel investigations with domestic and foreign law enforcement agencies and regulators. -
Sentencing Alternative to an Insanity Defense
Seattle Journal for Social Justice Volume 19 Issue 2 Article 12 4-14-2021 Sentencing Alternative to an Insanity Defense Michael Mullan Follow this and additional works at: https://digitalcommons.law.seattleu.edu/sjsj Recommended Citation Mullan, Michael (2021) "Sentencing Alternative to an Insanity Defense," Seattle Journal for Social Justice: Vol. 19 : Iss. 2 , Article 12. Available at: https://digitalcommons.law.seattleu.edu/sjsj/vol19/iss2/12 This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Seattle Journal for Social Justice by an authorized editor of Seattle University School of Law Digital Commons. 441 Sentencing Alternative to an Insanity Defense Michael Mullan* I. INTRODUCTION In the 2020 case Kahler v. Kansas, the U.S. Supreme Court held that under the Due Process Clause of the Fourteenth Amendment, it is constitutional to abolish the affirmative insanity defense.1 The Court accepted the view that Kansas’s provision for mental illness evidence to be introduced at the sentencing stage of a criminal trial, as well as to be adduced to deny mens rea at trial, was a constitutionally acceptable alternative to an affirmative insanity defense. This article focuses on the sentencing alternative. The alternative to the insanity defense of making mental illness solely relevant at the sentencing stage of a criminal trial is insufficient given the profound legal, historical, and moral underpinnings of the defense itself.2 First, the facts of the case and the issues that Kahler had with the Kansas provisions will be examined. -
Federal Criminal Law and the Volitional Insanity Defense Jodie English
Hastings Law Journal Volume 40 | Issue 1 Article 1 1-1988 The Light between Twilight and Dusk: Federal Criminal Law and the Volitional Insanity Defense Jodie English Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Jodie English, The Light between Twilight and Dusk: Federal Criminal Law and the Volitional Insanity Defense, 40 Hastings L.J. 1 (1988). Available at: https://repository.uchastings.edu/hastings_law_journal/vol40/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Articles The Light Between Twilight and Dusk: Federal Criminal Law and the Volitional Insanity Defense by JODIE ENGLISH* With the enactment of the Insanity Defense Reform Act of 1984 ("Act"),1 years of congressional efforts at redefining the federal insanity defense2 finally reached fruition. For the first time in history, Congress successfully passed comprehensive legislation pertaining to the defense of criminal responsibility, an area which was previously part of the small 3 but exclusive domain of the federal judiciary. * Visiting Assistant Professor of Law, Emory University LL.M Program in Litigation; Assistant Professor of Law, Georgia State University College of Law. B.A. 1975, Princeton University; J.D. 1979, Northeastern University School of Law. While the ideas expressed in this Article are solely the author's, the author wishes to thank Professors Richard Bonnie, Roy Sobelson, and David Wexler for their insightful com- ments on earlier drafts. -
Virginia Model Jury Instructions – Civil
Virginia Model Jury Instructions – Civil Release 20, March 2020 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/civil-procedure- 154/virginia-model-jury-instructions-civil-skuusSku7357 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.000 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements The plaintiff's attorney may make an opening statement outlining the plaintiff's case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence Following the opening statements, the plaintiff will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate. Instructions of Law At the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. Final Argument Once the evidence has been presented and you have been instructed on the law, then the attorneys may make their closing arguments.