This can be proven in Zickefoose v. Indiana, 270 Ind. 618, 388 N.E.2d 507 (1979), it says the defendant is found guilty of attempted murder where he severely beat a woman using a deadly weapon and continued the attack even after she lost consciousness and fell down. Weaver continued to beat her even after her body went limp and he just left her
A broken finger is a minor, non-life threatening injury, and could have occurred while the prisoner resisted the officers. If the prisoner decides to file a petition in court, he could use the Whitley v Albers case as a precedent and the eighth Amendment’s cruel and unusual punishment along with excessive force to argue his case. 2. A prisoner was prescribed medications that made him feel unpleasant, but prison officials forced him to take the medications regardless of his protests. This inmate has a case against prison officials
False imprisonment is also shown through threat to a person that forces them to stay. Court law proves that this threat can also be to that person’s liberty,
Penal Code § 205 (West 2010). A charge of aggravated mayhem requires evidence demonstrating specific intent to maim the victim. People v. Ferrell, 218 Cal. App. 3d 828, 833 (1990).
In 1989, the supreme court ruled in Graham vs Connor, a case in which the court held that excessive force claims, in an investigatory stop or arrest, should be analyzed under the Fourth Amendment. The case began when Dethorne Graham, a diabetic black man, filed a case in the District Court under 42 U.S.C. 1983 against respondents in which excessive use of force was used on him and violated his Fourth Amendment right. Graham went to a quick run to the store for insulin when he sensed an onset of one of his diabetic episodes. Graham, along with his friend Berry, went in to purchase some orange juice, however, he saw a long line ahead of him and decided to leave in hope to find another store.
Dunaway v. New York 442 U.S. 200 (1979), (Detention for interrogation). Terry v. Ohio, 392 U.S. 1 (1968), (reviewed the application of unreasonable seizures). References; Joe HAYES v. FLORIDA, 470 U.S. 811, 105 S. Ct. 1643, 84 L. Ed. 2d 705
The action to avoid pain is even natural to the human nervous system and occurs subconsciously. For example, if one were to put his or her hand on a hot object, the innate reaction would be to pull his or her hand away. A “timeout” (imprisonment) would not deter a future offense as effectively as a physical correction (flogging) would. Imprisonment can also be ineffective because the convicts may not see it as a form of punishment, but rather, as “a sign of manhood, a status symbol” in their criminal, social circles, a.k.a. “street cred.”
Short Summary: Chapter 2 of The Rich Get Richer and the Poor Get Prison was about how the way society sees crime can be distorted by the media, the justice system, and the information we are presented with about what crime really is. It points out that medical neglect, known environmental hazards, dangerous workplace conditions, and poverty cause more injuries yearly than murders, assaults, and robberies. Most people see the latter as “crime,” but not the former. Long Summary: Chapter 2 of The Rich Get Richer and the Poor Get Prison discusses people’s skewed perspective when it comes to what they think crime really is. The reader is asked to do an exercise regarding their own reason.
Having been stripped the delinquent is manacled in the great bath tub. At the height of his neck in the sides of the tub are grooves and in these play great wooden clamps, carved to fit the human body. These are screwed together so as to grip in a vise the man’s chest and arms. In front of him is a faucet and a bit of hose, throwing a smart stream of water. First it is necessary to get the man’s mouth open by making him cry out (which is usually done by frightening him), whereupon the water streams down his throat and strangles him ("Torture").
In manslaughter, it can be voluntary, you were caught in ‘the heat of the moment’, or involuntary,
Who I am is divided into two distinct sections: the shy, reliant child I was before Upward Bound and the confident, independent adult I have become. Upward Bound (UB) is a college preparatory program for low-income, first-generation college students, but its effects go much deeper than that. The workshops during the school year provide opportunities to meet college students in an informal setting where they can be honest about their college experiences. My first year I remember a girl telling me, “The first week I got to college I cried myself to sleep every night,” which was terrifying to hear. It made me dread the summer segment of UB, when I would stay on Ohio University’s campus in Athens for five weeks to take mock college classes.
Physical and mechanical restraint can be similarly defined to be “Any device or individual that confines or restricts movement,” whereas chemical restraint is defined to be “Any drug that is used… to either control behavior or to restrict the patient’s freedom of movement that is not typically administered… as being prescribed for a medical treatment or psychiatric condition” (Fryer 27). Clearly, there is a stark difference between the physical and mechanical restraint uses as compared to the chemical, for many would consider injecting an adolescent with a medication that they are not prescribed for as being unlawful. Seclusion of a patient involves confining a patient, voluntarily or involuntarily, to a set space or location without any social interaction, but sometimes the patient is adamant and refuses to adhere to the order.
The victim is engaged in official duty such as a firefighter, police officer, teacher, health care practitioner and the like. Even if no injury is committed, just the mere threatening of an individual with a dangerous weapon can get you an allegation of aggravated assault. It is also often charged to people committing felony such as burglary and robbery, even if there is no real apparent danger. If charged of aggravated assault and proven guilty, you could be facing five years, seven and a half years, up to fifteen years imprisonment depending on the level of aggravated assault.
There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.
