The Worcester cold storage fire that occurred in Worcester Massachusetts on December, 3 1999 provided us with another tragic example to the lurking dangers to the United States fire service. The Worcester fire claimed the lives of 6 firefighters who came to work that morning not realizing that this would be their last shift . The strategic and tactical lessons that were learned from this fire need to be heeded by fire department nationwide. However another important lesson is not as well know. The lesson learned by the Worcester Fire department is that the law is very instrumental to emergency services operations.
In the Worcester Cold Storage fire the defendants were initially charged with six counts each of involuntary manslaughter. However the Superior Court dismissed the incitements because the court declared that the defendants did not have a duty to act (report the fire) and that their actions did not satisfy the standard of wanton and reckless conduct required for a manslaughter charge. However, in the appeal the commonwealth presented evidence that the defendants did have a duty to act and their behavior at the time of and after the fire shows a pattern of wanton and reckless behavior.
The commonwealth outlined several behaviors the defendants displayed as basis for their appeal. The first fact presented by the commonwealth was that months prior to the fire the defendants had been trespassing in the cold storage and been living there. The defendants used the second floor as a makeshift apartment that was lighted by candles and kerosene heater. The next fact presented was that the defendants accidently started the fire and they tried to extinguish it before abandoning their efforts. Another fact present...
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... of our title and what we do that we are exempt from litigation. Recent times has slapped us in the face with the harsh reality that we can and will be held liable.
Recent lawsuit case that was revived New York State in regards to the explicitness of the National Incident Management System doctrine and the immunity of volunteer firefighter explicitly the competencies of its officers. The lawsuit will continue after initially being ruled dismissed.
Whether criminal or civil the laws enacted from state to state are present to serve the overall good of the community. These laws are present to protect the innocent and punish the guilty. Although sometimes the justice system scales seem to need calibration from time to time. I feel the justice system in its theory is a balanced and fair system. However as proven in the past justice does not always prevail.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
The Triangle Shirtwaist Fire not only affected the city of New York, but also the rest of the country. It forever changed the way our country would look at safety regulations in factories and buildings. The fire proved to America what can and will happen if we over-look safety regulations and over-crowd buildings. Unfortunately, 146 lives are taken before we fully understand this concept.
At 2215 hrs, on November 28, 1942, Fire Alarm Headquarters from Box 1514, situated at Stuart and Carver streets, received an alarm. When the responding apparatus arrived they found a small car fire at the corner of Stuart Street and Broadway. After the fire was extinguished the firefighters were about to return to quarters when their attention was called to smoke emanating from the Cocoanut Grove Nightclub a few doors away. Upon their arrival at the entrance of the Broadway lounge on Broadway they encountered numerous people leaving the premises admidst the cries of “fire”. The chief in charge immediately ordered that a third alarm be sounded from Alarm Box 1521 which the alarm was received by fire alarm headquarters at 2223 hrs. A civilian sent an alarm that was received at 2220 by fire alarm headquarters. As soon as the chief in charge realized that the immediate problem was one of rescue he ordered that a fourth alarm (received at 2224) and a fifth alarm (received at 1102) be sent. The apparatus responding was comprised of 25 engine companies, 5 ladder companies, 1 water tower company, 1 rescue company and various other apparatus. 18 hose steams for cooling purposes and three ladders were utilized (located at Piedmont, Broadway, and Shawmut for venting operations).
The drought was near historic high levels for the time of year. In the moments before the entrapment on of the squads and the crew boss trainee were working with a fire engine and its three person crew when a spot fire erupted right next to the road. The seven Northwest Regular Crew number six and a engine crew got in there vehicles and drove south past the fire along the edge of the road. While driving they radioed the other 14 crewmembers who were working north further up the river about the dangerous situation. The 14 crewmembers and the incident commander and two Northwest Regular number six squad members were suppressing spot fires between the river and the road ¼ mile north of the first squad when they were informed of the situation that was threatening there es...
From the creation of the very first civilizations, people have been using laws for potential disputes and or other issues that they come across. With the evolution of time and the expansion of the legal system, many laws were established that did not promote justice and equality. In essence, they did not take into consideration the ethical and racial implications that these laws generated. In our days, laws of this nature are still in effect and are characterized as unjust. They can be found anywhere and can take various forms.
Proverbs 21:15 New Living Translation (NLT) states, “Justice is a joy to the godly, but it terrifies evildoers.” With that being said, there are “94 district courts, 13 circuit courts, and one Supreme Court throughout the country.” The court systems are not in place to be abused by the representative nor those that are looking for assistance. The court systems exist to provide justice for all.
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
In every society around the world, the law affects everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities. Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society.
Is our justice system fair to all? Although the answer to this question is an opinion, there are pieces of evidence and commentary to defend this argument. The process of the legal system itself is all an opinion because in the end, the only person whose judgments matter is the judge himself. Over time, the wrong people have been arrested for the wrong things. Living in the United States, a country where crimes are committed constantly; we count on this system to make the right decisions. It is important that each case is treated equally when carrying out justice to keep the United States a safe place, to form a nation with good education, and to teach people from judging right from wrong. However, sometimes rights are taken from the wrong people. Our legal system is creating a dangerous path for African Americans in our country because of its’ highest per capita incarceration rate, its’ favoritism towards those in power, and its failure to carry out justice to protect people from the dangerous acts of those who are defined as criminals.
Justice is a vital part of the American Court System and influenced and continues to influence since the beginning of American history. Structure and organization is an important factor that creates our outstanding court systems. The State and U.S Constitutions are not the only foundation of the court systems, but also that people that work hard to thrive for justice. Today, justice and equality causes the court systems to change and adapt to continue protecting the rights of the people.
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.