Directions: The following assignment consist of two parts. Part I requires that you demonstrate your understanding of the jury process by answering comprehensive questions, be sure to write in complete sentences and provide scholarly supports to back any assertions made. Part II, requires that you examine two real life cases and create 7-10 jury selection questions for each case chosen. Your response should be placed on a word document and uploaded to Blackboard.
Part I- Being on a Jury: Answer each of the questions below completely and thoroughly. It is important to write in a collegiate manner, so bring in scholarly sources to aid with your responses.
- Who can, and is required by law, to do jury service? Why is it important to our legal system for every person to take jury service seriously?
- The U.S. Constitution states in Article 3, Section 2 that “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed” and the 6th Amendment in the Bill of Rights states ” In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Why is it important to our system of government to have a trial by a jury of citizens? How does this protect us and our rights?
- Which step of the pre-trial phase of a criminal trial involved the defendant being notified of the charges against him/her?
- What is voir dire?
- How does voir dire help achieve the Constitutional requirement of a fair and impartial jury? Why is it important to the workings of our judicial system to conduct voir dire and have an impartial jury?
- What is the role of a juror in the courtroom?
- In what way is jury service a right? A duty? AND a privilege?
- Preventive detention is when?
- What are the steps required for a grand jury trial?
Part II: You Be the Lawyer
Imagine you are a lawyer, either defense or prosecution, for ONLY two of the cases below. What types of questions will you ask your potential jurors in the voir dire? What kinds of experiences, ideas, prejudices, or prior knowledge will make them good or bad jurors? What can you ask to ensure that you have the most impartial group of jurors possible? Would you ask different questions if you were the defense rather than the prosecution? Why?
TASK: Make a list of 7-10 questions (for each case) you the lawyer will ask the pool of potential jurors for the two cases you selected. Write your questions from the perspective of either the defense or the prosecution. Keep in mind the various characteristics or perspectives that may affect a juror’s bias or objectivity. The Constitutional Rights Foundation Chicago has one such set of questions that may help you consider the variety of questions to be asked at www.crfc.org/americanjury/lessons/voir_dire/voir_dire3.html“Voir Dire: A Simulation, Voir Dire: Creating the Jury”
Case 1: People v. Kevorkian (1994) 447MICH.436,527 N.W. 2d714 (Michigan)
Dr. Jack Kevorkian is being charged with two counts of murder after two women with terminal illnesses came to him and asked him for help committing suicide. He provided them with a device that could administer drugs and the women were successful in ending their own lives.
Case 2: Headwaters Forest Defense v. County of Humboldt (2000) 211F.3d1121 (9th Circuit, Federal)
9 environmental activists and an environmental group are suing Humboldt County police officers for use of excessive and unreasonable force. In the fall of 1997, environmental activists staged three nonviolent protests against the logging of ancient redwood trees in the Headwaters Forest along California’s northern coast. During each protest, two to seven protesters linked themselves together using self-releasing lockdown devices known as “black bears.” Although the protesters were not physically daunting and posed no immediate safety threat, the officers used pepper spray to arrest the protesters. Defendants videotaped each of the arrests. The videotapes revealed that the officers did not attempt to negotiate with the protesters before applying the pepper spray. Sometimes the officers used Q-tips to apply the pepper spray to the eyelids of the protesters; other times the officers simply sprayed the pepper spray directly into the faces of the protestors. This occurred multiple times during each protest. The videos demonstrated that the protesters were in tremendous pain from the pepper spray. To ease the pain, the officers sprayed water on the protesters; however, the video showed that this actually caused more pain for at least one of the protesters. Summary from http://www.elawreview.org/summaries/constitutional_issues/headwaters_forest_defense_v_co.html
Case 3: Popov v. Hayashi (2002) S.F. Sup. Ct. CA (California)
Popov is suing Hayashi for conversion, injunctive reliefand constructive trust. (Conversion is the wrongful exercise of dominion over the personal property of another. There must be actual interference with the plaintiff’s dominion. Popov and Hayashi were sitting in the stands during a baseball game when Barry Bond’s record-winning homerun ball landed in Popov’s glove. Before he had full control of the ball, he was mobbed by a crowd and the ball went flying. It eventually ended up in the possession of Hayashi.
Case 4: US v. Zacarias Moussaoui (2001) Federal
Zacaraias Moussaoui is being charged with conspiracy to commit terrorism. The US government believes that Moussaoui was involved with the September 11th attacks. While Moussaoui admits he is a member of al Qaeda and did intend to commit acts of terrorism, he and other high-ranking al Qaeda operatives claim he was not involved in the September 11th hijackings. Summary from
http://www.cnss.org/Moussaoui.htm
Case 5: Eisel v. Board of Education of Montgomery County (1991) 597A.2d447 (Maryland)
The family of Nicole Eisel, 13, is suing the school counselors for negligence. Nicole, who had an interest in death and self-destruction, told friends she intended to kill herself. The friends reported this to guidance counselors who did not act on the information and Nicole was killed by another student in a murder-suicide.
Case 6: State v. Jason Harlan (NCSC Justice Case Files #2)
Jason Harlan is being accused of identity theft after allegedly sending an email to Maria Garcia posing as her bank and fraudulently obtained her personal information. Mrs. Garcia’s bank account was then emptied and the computer transactions were traced back to a computer in Mr. Harlan’s home.
Case 7: US v. Megan Robbins (NCSC Justice Case Files #1)
Megan is being tried for copyright infringement. A friend told Megan about downloading music from the Internet. Megan downloaded numerous songs for free and her electronic transfers were detected. Because the songs are copyrighted and Megan obtained them without payment, she is accused of stealing the music.
Case 8: Summers v. Tice, et al (1948) 33CAL.2d80,1992d1 (California)
Summers is accusing Tice and Simonson of negligence. The three men went hunting together and Summers told the other two to remain in a line. Summers moved ahead of the other two remaining in plain sight. When a quail flew up between Summers and the other two men, the two men shot at the quail, in Summers direction. Summers was hit in the face by both shots almost simultaneously.
Case 9: People v. O.J. Simpson (1995) (California)
O.J. Simpson, a former football star, is accused of murdering his ex-wife, Nicole Brown Simpson, and Ronald Goldman. O.J. took police on a televised, low-speed chase through Los Angeles before turning himself in and pleading not guilty
Get An Oder Like The One Below From Our Nursing Writers
Introduction
Leadership consists of
various qualities, skills and aspects relating to the action of leading an
organization or a group of individuals (Ennis et al, 2013). The focal point of
the NHS is to enable cultures that provide safe, compassionate and high-quality
care (West et al, 2015). Furthermore, leadership has an impact on a number of
different aspects such as mortality levels, patient satisfaction, staff
well-being, financial performance and generally, the quality of care (West et
al, 2015). The Francis report discussed the importance of distributed
leadership, whereby all healthcare professionals are enabled to think freely,
make decisions and take control themselves. It leads to the provision of
high-quality care (Francis, 2013). This piece of work will assess effective
leadership and why it is a necessity within nursing practice.
Communication
Ennis et al (2013) implemented
a study in order to assess the communication characteristics needed for good
leadership within nursing. Interviews were carried out, outlining how effective
communication is key in order to provide high quality care, develop as a
professional and to harbor working relationships (Ennis et al, 2013). The study
produced the following themes: choice of language, listening skills, relevance,
non-verbal communication and relationships. Participants outlined that good
leaders have the knowledge to choose the type of language used and can adapt it
to any scenario that they are faced with. In addition, they suggest that an
effective leader considers the outcome and consequence of each conversation
(for example, whether further support was needed) (Ennis et al, 2013). When
leadership is successful, it enables excellence and ethical and
patient-centered care (Ennis et al, 2013).
Furthermore, it was
noted that good leaders needed to be able to listen, be affable and have
patience (Ennis et al, 2013). One participant outlined that listening should be
first and foremost, valuing its importance and showing great interest in what
the patient has to say (Ennis et al, 2013). Respondents noted the need for
effective communication across all aspects of nursing; with junior staff,
between healthcare professions and when directly caring (Ennis et al, 2013).
Good clinical leaders need to be able to communicate to a high level, adapting
to enable all patients to understand, noting body language, non-verbal cues and
avoiding medically complex terms as much as possible (Ennis et al, 2013). The
study notes the link between effective communication and the amount of
influence that leader has, the team’s performance and their development of
staff member relations (Ennis et al, 2013). Guidelines by NICE also emphasize
the importance of effective communication to enable high quality care (NICE,
2016). Non-verbal communication is also key; effective leaders need to note
their body language and level of eye contact, assessing not only their own
non-verbal cues, but also those of the patient or fellow professional (Ennis et
al, 2013). This will enable them to judge the scenario and to foresee any
issues that may arise (Ennis et al, 2013). Within the study by Ennis et al,
(2013) respondents outlined that good leaders had excellent people skills,
building a good rapport with everyone. To do so, respect and treating each
person as an individual is key (Ennis et al, 2013). It is also vital to ensure
that no judgements are made and that support is offered when needed (Ennis et
al, 2013). Effective leaderships can only be implemented when these areas are
adhered to, building work relationships and providing high quality,
patient-centered care (Ennis et al, 2013).
Emotional intellect
Emotional intellect is
a key aspect to adhere to when managing situations and caring for patients
(Powell et al, 2015). Controlling emotions and self-awareness are both vital
components of emotional intellect (Powell et al, 2015). Doing so decreases the
risk of burnout and ensures that patients are receiving high quality care
(Powell et al, 2015). In addition, being aware of one’s emotions enables a
collaboration that is needed to meet the needs of individuals within the
complex and increasingly technical NHS system (Powell et al, 2015).
The qualities of a leader
The main traits of a
good leader were assessed by Yukl (2013). They consist of a high level of
energy, stress coping mechanisms, confidence, control, maturity, integrity, as
well as being a high achiever, with low needs for affiliation. Nursing leaders
need to be empowering, promote independence, encourage a critical and effective
work environment and remain positive (Jukes, 2013). They should enable fellow
healthcare professionals to build resilience, enabling them to make their own
decisions yet providing protection when needed (Jukes, 2013). In order to
achieve structural change for the provision of high-quality care, the following
should be adhered to: promoting inclusive team work, maintaining trust, seeking
contribution, using personal authenticity, valuing relationships, enabling
learning and challenging any issues that arise (Cleary et al, 2011). Patients
need support and care which cannot be carried out without effective leadership
(Cleary et al, 2011). If a nurse does not show effective leadership skills,
they often retreat towards more traditional methods of behavior (more
documentation and relying on medicine), instead of promoting patient-centered
care (Jukes, 2013). Furthermore, leaders need to support any professionals that
they are responsible for in following the nursing and midwifery code at all
times (Nursing and Midwifery Code, 2015: 18).
The qualities of a manager
Managers oversee a
certain area, supervising fellow staff and ensuring that patient care is
upheld, in addition to administrative aspects (Jukes, 2013). Concerns are
addressed through their specialized nursing experience, good communication and
the ability to take the lead (Jukes, 2013). Good communication is key when
assessing any risks, managing plans, delegating work and ensuring the effective
and safe provision of resources (Jukes, 2013). Delegating work is an integral
part of effectively leading, encouraging active learning, whilst freeing up
more time for aspects that cannot be delegated (Weir-Hughes, 2011). Delegation
is a necessity, especially when staff numbers reduce and pressures rise
(Griffin, 2016). Managers also demonstrate excellent leadership skills by
improving nurse confidence and upholding morale (Timmins, 2011). They need to
ensure that staff are communicating effectively, in order to provide high
quality, safe care (Timmins, 2011). This can be carried out by implementing an
open leadership style, listening to the nurses and involving the team when
making decision (Timmins, 2011). Gilmartin and D’Aunno (2007) outline how nurses prefer managers who are
emotionally intelligent, facilitate change and who actively participate.
Further stating that this leads to cohesion, a sense of empowerment and reduces
stress and burnout (Gilmartin and D’Aunno,
2007). Management and leadership can only be improved by adhering to the
following: ensuring a good set of qualities and knowledge, a supportive environment,
an adequate number of managers and ensuring rewards or acknowledgement for good
practice (World Health Organization, 2007).
Ineffective leadership
Ineffective leadership
can lead to the unsafe provision of care (Nicolson et al, 2011). This was portrayed
during the 1990s, in which nurse Beverly Allitt
murdered children by injecting them with insulin. She was not supervised and
the deaths were not challenged by management (Nicolson et al, 2011). More
recently, the investigation into the Airedale NHS trust found nurse Anne
Grigg-Booth to be providing dangerous care. Many patients died under her care,
which was noted as an abundance of failures in which dangerous actions were not
acknowledged by management (Nicolson et al, 2011). Within the Mid Staffordshire
Foundation Trust, a lack of leadership and supervision detrimentally impacted
upon the lives of many, with high mortality rates (Nicolson et al, 2011). The
Francis Report identified various issues such as, call bells not being
answered, patients lying in their own urine and left without water or food
(Francis, 2013). Saving money was a priority and management preferred to meet
targets than deal with individual needs and thus leadership was poor (Nicolson
et al, 2011). Ineffective management has not only led to unsafe care but cost
more than £16m in legal fees and implementation costs (Calkin, 2013).
Transformational leadership
Transformational
leadership encourages nurses to provide a high level of care by making
influential changes (Cleary et al, 2011). It involves the following actions:
building trust with fellow healthcare professionals, showing integrity,
inspiring team members, offering intellectual inspiration, adhering to the
needs of each individual and providing support (Malloy and Penprase,
2010). With this leadership style, professionals provide clear aims and a
pathway for their work, prioritising mutual respect,
working together, gaining nurse autonomy and upholding staff morale (Cleary et
al, 2011). Doing so prevents burnout, improves job satisfaction and a sense of
commitment (Cleary et al, 2011). Transformational leadership can be contrasted
with the transactional style in which leaders focus upon meeting targets (it is
not creative, reflective and prevents emotional connection) (Cleary et al,
2011).
Support for the transformational leadership
style
A study was
implemented by Malloy and Penprase (2010) on 122
nurses in order to assess their supervisor’s leadership style. The following
leadership styles were analysed: transactional,
transformational, exceptional-active, exceptional-passive and laissez-faire
(Molloy and Penprase, 2010). The study concluded that
aspects of transformational leadership were connected with 17 out of 37 areas
within the working environment, as calculated by the Copenhagen Psychosocial
questionnaire (Molly and Penprase, 2010). Leaders
implementing the transactional style also made positive contributions, but
fewer than that of a transformational style (Molly and Penprase,
2010). In addition, the laissez-faire, exceptional-passive and
exceptional-active styles all negatively impacted the nursing environment
(Molly and Penprase, 2010). Corrigan et al (2002)
carried out a mental health study, consisting of 236 leaders who had
responsibility for 620 staff members. Leaders who noted themselves as high on
the transactional style, had staff outlining low transformational scores. In
comparison, leaders who noted high levels of inspirational and stimulatory
aspects were likely to have staff who felt that their style was transformative
(Corrigan et al, 2002). Lastly, staff members who stated that their leader has
a transformational style experienced less burnout, a better working environment
and support, adhering to conclusions by Malloy and Penprase
(2010). In a time of uncertainty, healthcare budget cuts, policy changes and
financial strain, transformational leadership is key (Cleary et al, 2011). It
encourages staff to treat patients with respect and dignity, promoting patient-centred care and upholding values (Cleary et al, 2011).
Many argue however, that there needs to be more evidence into whether
transformational leaderships enable better care, improved quality of life and
patient satisfaction (Holm and Severinsson, 2010).
NHS leadership review
The government
published findings in order to analyze leadership within the NHS (Department of
Health, 2015). It noted three main areas of concern: a lack of vision, poor
management and leadership and the need for clear pathways in regards to NHS
management careers (Department of Health, 2015). The key recommendations
include: refreshing the NHS graduate scheme, the transfer of NHS leadership
Academy to Health Education England as those responsible for training and
introducing a minimum term on some senior management contracts. In addition,
managers should be supported and have their knowledge updated regularly in
order to prevent ‘skill fade’ (Department of Health, 2015: 53). The report
concluded that, ‘the NHS as a whole, lacks a clear, consistent, view of what
‘good’ or ‘best’ leadership looks like’ (Department of Health, 2015: 20). The
recommendations focus upon training, management, support, performance
management and bureaucracy (Department of Health, 2015).
Conclusion
To conclude, effective
leadership is necessary in order to provide a high level of safe care. It leads
to patient-centered care, excellent communication skills and high quality care.
Leaders need to communication well, have emotional intelligence, distribute
work and implement a transformational style. Whereas poor leadership can lead
to death or severe harm, as took place in the independent investigation into
the Airedale NHS trust. Ineffective leadership was also a main aspect of why
the detrimental acts of Anne Grigg-Booth went undetected by managers (Nicolson
et al, 2011). To emphasise, leadership is a key area
of the NHS and so it is vitally important to ensure that behaviours,
communication skills, qualities, skills, leadership styles and strategies are
focused upon to improve (West et al, 2015). Without doing so, the lives of many
will be affected.
