Criminal law Essay Example | Topics and Well Written Essays - 2000 words - 1

Criminal law - Essay Example Based on the decision of the court in the case of DPP v Newbury2, the person performing the act need not be aware that the act is dangerous in order for the person to be held liable for involuntary manslaughter in the event where the said act resulted in the death of another. b. Liability of Kathryn By virtue of her job, Kathryn had the duty to take the message correctly and act on it accordingly. Unfortunately, Kathryn failed to take the message of Tom properly which sent the ambulance in the wrong direction. According to the court in the case of Donoghue v Stevenson3, one must take reasonable care to avoid acts or omissions that may cause harm on another person. The relationship between the parties is very important to establish criminal liability against each other. In establishing the â€Å"Neighbor test† in this case, Lord Atkins said that whoever will be directly affected by the acts of a person shall be considered as a neighbor of that person. The decision on the court in the case of Caparo v Dickman4 reinforced the idea that a person who is affected by the act of another may hold the other as liable for the injuries or loss that he or she may suffer. In defining when a person may be liable for tort of negligence as against the other, the court said in the case of Caparo v Dickman5 that there must be a harm foreseen, there is a sufficiently proximate relationship between the people involved and the imposition of a duty of care is just and equitable. Should Kathryn be held liable for the death of Alf? The cause of Alf’s death is extensive head trauma and if it can be shown that he would have died anyway even if the ambulance got to him or time, Kathryn may not be held liable for his death. The key here is the actual cause of death of the victim and if Kathryn did not contribute to the actual cause of the death of the victim, then she cannot be held liable for such death. However, she cannot be exonerated from her negligent act. According to the court in the case of Nettleship v Weston6, a professional is expected to exhibit a standard of care required of his or her profession. Since Kathryn is trained to handle emergency calls, she is expected to exhibit professionalism. As it is, she should have confirmed the address with the caller before dispatching the ambulance. c. Liability of Karen There are two incidents in our case that involve Karen, first, she was sent to attend to Alf and second, she responded to the call of Zola regarding the wounds suffered by Peter. In the first instance, Karen was given wrong directions to the house of Alf and Beryl which caused her to arrive 20 minutes late. If Karen can prove that she exercised due diligence in following the directions given by the dispatcher, she cannot be held liable for negligence of duty. According to the court in the case of Caparo v Dickman7, where the duty of care exist and the person who is bound to exercise such duty fulfilled the same, that person cannot hel d liable for injuries and loss suffered by the other. In the case of Karen, she was merely following the directions given to her and she could not have known at that time that the address given to her was wrong. When it comes to the second incident, Karen requested Tom to come to the hospital with her but Tom

Martin Luther King Jr.'s Letter from Birmingham Jail Essay

Martin Luther King Jr.'s Letter from Birmingham Jail - Essay Example It is needless to say that racial discrimination was one of the ancient practices those were predominant in the society across the world over the ages. Though Luther King Jr. wrote the letter in response to public statement by fellow clergymen, this, however, exposed the harsh reality and inhuman practices of the time, more particularly what happened in various parts of America namely Albany, Georgia, Alabama, and Birmingham etc. Martin Luther King Jr.’s long letter had very categorically pointed out and justified the importance of his presence in Birmingham. He also made it clear that he, though often referred as â€Å"outsiders coming in†, came down to Birmingham with a great pledge of eradicating injustice, as the prophets of 18th century B.C. traveled far in order to propagate the truths of Bible. In the first place, while answering the statement of the clergymen, he defends his actions in Birmingham by saying that it was the city that experienced a thorough segregation and became famous for the wide brutality it saw. Negroes were subject to inhuman treatment in the court. They were the vulnerable sections whose houses and churches were destroyed by bombs. It was but obvious that racial injustice engulfed these people most. These were the brutal facts, most savage of its kind. Being at this crucial juncture and being exposed to the most barbaric practices of the time. Negro leaders tried to negotiate with the city fathers but these fathers refused to negotiate. These people had an opportunity to talk to the leaders of Birmingham Economic Community, promises were made, but which however resulted in the end in broken promise. Luther Jr.’s chief object was to fight for those people which in his own word â€Å"I am in Birmingham because injustice is here† (King). In his long letter King Jr. raised some questions about the timing and prudence of his action and he