The Wrongful Death Statute

who can stay rest assured in a few states that if they want to end their suffering the patients will have the option. Peg Sandeen describes the reason why she supports the “Death with Dignity Act” her husband John had been diagnosed with HIV, his words were “ I don't want to die that way” at that moment Sandeen realized that a “Dying person” wants to “Decide how they die” (deathwithdignity.org). John only wanted to be in authority of his life until the day he perishes John's desire of being in control until the day he passes on only something the right to die can grant because clearly he has been suffering for many years from HIV and has realized he does not want to be consumed by the disease. John wants to live his life knowing the day he

In the case, Kennedy v. Louisiana, Patrick Kennedy was convicted of aggravated assault. Specifically, the raping of his eight-year-old stepdaughter. The capital punishment for rape of a child under twelve years of age in the state of Louisiana was a death sentence. 1

“Elastic Clause”. This clause is also often referred to as the “necessary and proper” or the “sweeping” clause. It can be found in article 1, section 8 of the constitution, clause 18. The “elastic clause” puts forward that Congress has the power to pass any law that they have deemed to be both necessary and proper to implement the powers that have already been delegated to the Congress. (U.S Const., art. I, §8). In essence, this clause offers a way for the US Congress to “achieve its’ constitutional mandated ends”(The Heritage Foundation, 2011). The purpose of this clause to allow the organisation of the government, while also helping to effectuate the power of Congress, and in doing so it introduces a great deal of flexibility to the constitution.

The Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy. The staff nurse followed all protocols defined by the hospital. When Monroe arrived at the hospital there was no apparent emergency. Moreover, the nurse went above and beyond to provide for her, she gave Monroe information where to get OB services and even offered an ambulance

The case of the century, the one that everyone made sure to keep up on through the many months it was on; “People of the State of California vs. Orenthal James Simpson.” This case is one that nobody will forget. There were many months of blood, sweat, and tears put in by both sides for the final verdict, O.J. Simpson had been found not guilty.

The reason O.J. was found not guilty of murder and acquitted in criminal court, but found guilty of the tort of harm and ordered to pay damages in the civil court lies in the structure of our legal system, in regards to criminal cases and civil cases. The distinct difference between criminal cases and civil cases provides further explanation regarding the O.J. Simpson case. Criminal cases deal with crimes against society. It is the government, not the victim, who brings action against the charged individual. In criminal cases, the penalties can include a number things including jail time. Since the stakes are so high in these cases, there is a high burden of proof on the prosecution. The prosecution must prove the defendant’s guilt “beyond

Capital punishment is one of the most controversial and talked-about topics in the United States today. It is an issue that is not explicitly mentioned in our constitution, so states have been left to interpret the law. As of April 2017, 32 states in the US legally allow the death penalty. Of the 18 states that have banned it, the most recent was Maryland in 2013. The topic is so controversial that the Supreme Court has gotten involved many times, deciding on more cases that have to do with capital punishment than most other subjects. People disagree on many aspects of the death penalty for several different reasons like moral and religious differences. When considering capital punishment, people’s opinions

“In the 20 years that Oregon’s Death with Dignity Law has been on the books, 1,749 patients have been prescribed lethal medications, and only 64% of them (1,127) used them to die, according to state data. Last year, Oregon doctors prescribed 206 lethal medications, 133 of which were reported used by patients” (Portland Press Herald). This statistic shows that not all patients who are prescribed the drugs, use them to end their life. Gale states, “The three most frequently cites reasons for requesting suicide were: a decreasing ability to participate in activities that made life enjoyable, loss of autonomy and loss of dignity. Eva Thompson, a 57 year-old Camden, Maine resident with stage 4 colon cancer, who is in favor of physician assisted

The right to privacy is one of these enumerated rights given by the Ninth Amendment and this protects assisted suicide because a terminally ill individual should have the privacy to make a decision on if they do think it is time for them to die and this decision should be made by no one other than the terminally ill patient themselves.

American political leader Anna Eleanor Roosevelt once said, “The purpose of life is to live it, to taste experience to the utmost, to reach out eagerly and without fear for newer and richer experience.” There are some people that live their lives happily everyday while there are some that are living in bitterness. Life is a cycle that everyone experiences from childhood to adolescence to adulthood and finally ends with death. Some may believe that maybe if a human being is no longer content with life anymore, then he or she might as well no longer be alive. The issue of euthanasia has been one of the most discussed ethical situations among healthcare workers and patients. In the Merriam-Webster Dictionary, it is described as “the act of practice

Thesis Statement : Capital Punishment is a very controversial topic around the globe. I believe that it does more harm than good and breeds violence in society.

The Death with Dignity Act has two arguments: those who believe we have the right to choose how and when we die, and those who believe we do not possess that right; that we should not interfere with the natural order of life. Every year, people across America are diagnosed with a terminal illness. For some people there is time: time to hope for a cure, time to fight the disease, time to pray for a miracle. For others however, there is very little or no time. For these patients, their death is rapidly approaching and for the vast majority of them, it will be a slow and agonizing experience. However, there is hope of a peaceful death for these patients that exists in a controversial law being considered by many states throughout the country. It is known as the Death with Dignity Act. This law gives terminally ill patients the option of ending their own life in a painless manner at a time and place of their choosing by

Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A). Since then, opinions on the death penalty have fluctuated, some claim that is barbarous while others deem it to be necessary. The

The Eighth Amendment is all about punishment. In the Amendment it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, as well as allowing the Death Penalty. I believe this Amendment is right. Because of the fact that cruel and unusual punishment wouldn’t be fun, I believe the Death Penalty should be legal, and excessive fines would be crushing to our economy.

On November 20, 1973 hitch hiker Troy Leon Gregg was picked up by Fred Simmons and Bob Moore in Northern Florida. The next morning, Simmons and Moore were found in a ditch on the side of the highway with gunshot wounds in their heads. After information was relayed to the police by Dennis Weaver, who had traveled with the guys a short distance, Troy Gregg and traveling companion Floyd Allen were found in the stolen car just outside of Asheville, North Carolina (“Gregg v. Georgia (1976)”). After the police made Gregg sign a statement admitting to the murders of the two, he was tried in a bifurcated trial and found guilty of two counts of murder and armed robbery, thus deserving the death penalty. However his lawyers thought that the death