Scenario I—Torts and Product Liability

On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

• Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
• Provide the arguments that each party (Earl, the car manufacturer, and the pub) will make at trial.
• Explain how the court should rule. Provide support for your decision.

Scenario II—Torts

After the extraction of two teeth, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda took the prescription to the drive-in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.

Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.

Scenario III—Employment

Little Rock Catering, located in western Arkansas, provides food for special events and wedding consulting services. The business is privately owned and has seven employees. Sam, a 45-year-old lesbian, applied for the position of event services coordinator and was denied the position. Sam was highly qualified, with 10 years of experience in event planning. Mary Beth, a 21-year-old recent college graduate and member of the owner's church, was hired.

Research the state laws on nondiscrimination in Arkansas and your state.

• On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
• On the basis of Arkansas state law and federal law, what is the probable outcome of a lawsuit based on age discrimination?
• Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?

Scenario IV: Product Liability

Shenzhen Limited manufactures electric hair dryers.  Julie purchases a Shenzhen Limited dryer from her local Sally’s Beauty Supply.  Frances, a friend and guest in Julie’s home, has taken a shower and wants to dry her hair.  Julie tells Frances to use the new Shenzhen Limited hair dryer that she has just purchased.  As Frances plugs in the dryer, sparks fly out from the motor, and sparks continue to fly as she operates it.  Despite this, Frances begins drying her hair.  Suddenly, the entire dryer ignites into flames, severely burning Frances’ scalp.  Frances sues Shenzhen Limited on the basis of negligence and strict liability in tort.  Shenzhen Limited admits that the dryer was defective but denies liability, particularly because Frances was not the person who purchased the dryer.  In other words, Frances had no contractual relationship with Shenzhen Limited.

• Discuss the validity of Shenzhen Limited’s defense. 
• Are there any other defenses that Shenzhen Limited might assert to avoid liability?  Discuss fully.

Instructions

Legal & Ethical Scenarios

Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario I: Employment Law

Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.

Nickels terminated Smith's employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual's status, including sexual orientation, and provides that employees who violate the policy will receive "coaching and/or other discipline, up to and including termination.” Nickels has "zero tolerance" for harassment "regardless of whether such conduct rises to the level of unlawful discrimination or harassment" and treats serious harassment as gross misconduct and grounds for immediate termination.

• Smith filed suit, alleging her termination for stating that gays should not marry and will go to hell—a belief that she maintains is an aspect of her Apostolic Christian faith—constitutes unlawful discrimination under Title VII. Is she correct?
• If Smith posted the same information on her Facebook page but omitted references to the specific employee, would the outcome of her lawsuit for wrongful termination change?

Scenario II: Professional Torts

Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in your state court system or in the federal district court in your state. You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the South University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.

Accordingly, respond to the following questions:

• Summarize the facts of the case.
• Provide your state's law or regulation relating to malpractice by physicians or pharmacists.
• Discuss the outcome of the case.
• Explain whether you agree with the verdict. Why or why not?

Scenario III: Agency, Employment and Torts

Brenda Byars, on her way to a business meeting and in a hurry, stopped at a Radio Shack to pick up a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Phyllis Richmond, opened another counter and began loading the cash drawer. Byars told Richmond that she was in a hurry and asked Richmond to work faster. Instead, Richmond slowed her pace. At this point, Byars hit Richmond.

It is not clear whether Byars hit Richmond intentionally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Richmond grabbed Byars by the hair and hit her repeatedly in the back of the head, while Byars screamed for help. Management personnel separated the two women and questioned them about the incident. Richmond was terminated immediately for violating the store’s no-fighting policy. Byars sued Radio Shack, alleging that the store was liable for the tort (assault and battery) committed by its employee.

• Under what doctrine  might Radio Shack be held liable for the tort committed by Richmond?
• What is the key factor in determining whether Radio Shack is liable under this doctrine?
• How is Radio Shack’s potential liability affected by whether Richmond’s behavior constituted an intentional tort or a tort of negligence?
• Suppose that when Richmond applied for the job at Radio Shack, she disclosed in her application that she had previously been convicted of felony assault and battery. Nevertheless, Radio Shack hired Richmond as a cashier. How might this fact affect Radio Shack’s liability for Richmond’s actions?

attached is the project in word to be edited.

attached is a pdf of professor feedback

edit it to meet expectations.

https://bookshelf.vitalsource.com/reader/books/0077721691/pageid/57

  

chapters 1-2: Introduction to the Law of Evidence & the Pretrial Process and the trial process. Please look at chapter one and discuss the Rules of evidence and how these apply to the trial process.

Please reference the book 

 Title: Criminal Evidence, 7 th Edition Author: Garland Publisher: McGraw Hill 

 

Introduction

You have been designated by the Chief of Police to put together a presentation (power point slide show) to recruit from the local colleges and high schools. Your recruiting presentation should focus on the highlights of the community and identify the need for diversity. Consider what you know about your own community and what you feel would be necessary for Jurisville, and incorporate these ideas into your presentation.

While engaging with this activity, observe the various interaction between the Jurisville Police Department and community, and identify the qualities needed from their officers. To develop a successfull recruitment presentation, you should incorporate the aspects of justice ideology and traits vs. skills that are important in recruiting candidates that will contribute to a well-rounded, balanced police agency. You should also take notice of the levels of command (promotional opportunities) and the skills and traits demonstrated by the Officer(s) in this activity.

Reflection Activity:

Download the Recruitment Worksheet [DOCX] and document your observations about the Jurisville community and the qualities needed from their police officers.

Recruitment Worksheet

Police Department

Jurisville Police Department has 120 sworn Police Officers and a support staff of about 30 civilian positions. Recently, the City Council has passed a budget increase for the Police Chief to hire 24 new Officers or 20% of the current workforce. The City Council is concerned with the uptick in drug crimes and hate crimes and wants a police department that more reflects the community. Diversity in hiring is important to the Police Chief, while finding quality applicants with positive characteristic traits.

Officer Jones meets with a potential recruitment candidate in the Jurisville Police Presinct.

Officer Jones greats a recruitment candidate conducting research on policing.

Officer Jones:
“Hello, welcome to the Jurisville Police Department. We are excited to have you with us today and hope your time with us is informative and helps you to better understand what the Jurisville Police Department is all about.”

Recruitment Candidate:
“Thanks for having me. I’m very excited to learn what departments/units the Jurisville Police Department offers for a new police recruit.”

Officer Jones:
Walking over to a bulletin board posted in the area.
“As you can see here on our organizational chart, the Jurisville Police Department offers several specialized units for a new police officer to grow and expand their career. We have a community policing unit, a K-9 unit, SWAT team, Undercover narcotics Officers, Crime Scene Technicians, Detectives, Drone Operators, Marine Officers and much more.”

Recruitment Candidate:
“Wow, I didn’t know you guys used drones!”

Officer Jones:
“Yes – drones are one of the many new technologies we offer to help better serve our community. Drones help us to see in places that we would not be able to see from the ground. We also use drones to help find lost children or elderly citizens.”

Sergeant Tuffskin:
Walks by and snarls at Officer Jones and the Recruitment Candidate.
“Officer Jones, quit wasting time talking about drones and get back to work. There’s tickets to be written and people to be arrested.”

Fact Sheet

Jurisville Demographic Details

Jurisville, USA is a typical mid-sized city in the United States. The population of Jurisville is 180,000 people. The demographics of the community are:

• Race:
  • 55% non-hispanic white
  • 22% Hispanic and latino
  • 14% black
  • 9% other races
• There are various religions represented in the community.
• The unemployment rate is average at about 3%.
• There are 4 high schools and two community colleges within the city limits of Jurisville.
• The city is a mix of industrial manufacturing plants and tourism from the 15 miles of water front on a very large lake.

Jurisville Crime Details

• Jurisville has about 10 murders per year, usually associated with the drug trade, which has risen dramatically in the past 20 years.
• Gang violence is also on the rise (also related to the drug trade).

Officer Jones and the Recruitment Candidate continue to walk down the hallway.

Lieutenant Smith:
Talking to another Officer about his report writing skills.
“So, when you are writing your narrative report for the breaking and entering complaint you took, you have to be concise and to the point. A police report should not have your opinion or thoughts, unless they can be supported with facts.”

Officer:
“Ok, that makes a lot of sense. Thank you for taking the time to discuss this with me, Lieutenant.”

Captain Johnson walks by and posts a “Recruiting” poster on the bulletin board. The words COMPASSION, EMPATHY, CULTURAL AWARENESS are predominantly visible.

Captain Johnson:
“We are looking for well rounded, balanced Police Officers.“

Public Park

Officer Jones and the recruitment candidate stop at the community park during a ride along. There are groups of children playing, and a report of someone living in the park. Homelessness is rising in Jurisville, as many jobs have shifted out of the area and the demographics of younger workers has taken over the job market.

Two kids in the park – one of the kids is pushing the other kid and saying, “your too small to play football with us”. The kid being pushed is trying to push back and yells, “I’m faster than you”. The kids continue to push each other.

Officer Jones:
Officer Jones steps in and starts talking to both of the kids. "Hey guys, what seems to be the problem?"

Younger Kid:
“Tommy keeps telling me I’m too small to play football with the other kids.”

Officer Jones:
“Hey Tommy, maybe he could play a position that doesn’t require a big guy, what do you think?”

Officer Jones and the Recruitment Candidate approach a woman who appears to have been living in the park with her infant.

Woman:
“My boyfriend has left us and I have no where to live.”

Officer Jones:
“Is there anything I can do to help you and your child?”

Woman:
“I don’t think so, but we haven’t eaten any food in a couple of days and we have been living in this park.”

Officer Jones:
“Ok. Grab your stuff and I will give you a ride to the women’s shelter so you and your child can get cleaned up and get something to eat.”

Recruitment Candidate:
“Are you supposed to do that?”

Officer Jones:
“Typically, we don’t get involved in our homeless people’s lives on the streets, but in this case this woman and child may be in danger staying in this park and not having any food. It is the right thing to do!”

School

Jurisville has seen a dramatic rise in hate crimes related to race and transgender citizens. Today, an officer has been dispatched to the local middle school, where there has been a report of vandalism.

Conversation Between School Principal and Police Officer About Racist Graffiti on School Wall.

Principal:
“Good morning, Officer Johnson. Thank you for coming. We have a serious matter to discuss regarding racist graffiti that was discovered on our school wall yesterday.”

Officer Johnson:
“Good morning, Principal. I'm here to assist you in any way I can. So, what happened?”

Principal:
“Yesterday morning, our custodian found offensive racist slurs and symbols spray-painted on the exterior wall of our school building. We take this incident very seriously, as it goes against our school's values of respect, inclusivity, and equality. Not to mention, this is hate crime! ”

Officer Johnson:
“Did you happen to capture any surveillance footage or witness accounts that could help with the investigation?”

Principal:
“Yes. Our video surveillance system captured the two subjects as they painted the wall.”

Officer Johnson:
“That’s great. Can you have the footage sent to me, right away.”

Principal:
“Yes and thank you, Officer Johnson. We appreciate your prompt action. Our students, parents, and staff are understandably upset by this incident, and we want to ensure their safety and address the issue effectively.”

Officer Johnson:
“Absolutely, Principal. I assure you that we take hate crimes seriously and will do everything in our power to identify the culprits. It's important for us to work together to send a clear message that racism and discrimination have no place in our community. We will also be working with our prosecuting attorney, from the start of this investigation, to make sure proper prosecution is made of the offenders.”

Principal:
“That’s really great. We also plan to hold an assembly to address the incident, emphasize the importance of tolerance, and provide support to affected students. We want them to feel safe and supported during this challenging time.”

Officer Johnson:
“That's an excellent idea, Principal. If you need any assistance in organizing the assembly or providing resources, please let me know. I can also arrange for a police officer to attend the assembly to speak about the impact of hate crimes and the legal consequences.”

Principal:
“Your support would be invaluable, Officer Johnson. It's crucial that we educate our students and reinforce the severity of such acts. We must foster an environment that promotes respect, acceptance, and diversity.”

Officer Johnson:
“Absolutely, Principal. Let's continue to collaborate closely throughout this investigation and its aftermath. Together, we can create a stronger community that rejects racism and supports equality.”

Principal:
“Thank you, Officer Johnson. Your dedication and commitment are deeply appreciated. I will keep you updated on any developments and eagerly await your assistance in resolving this matter.”

Officer Johnson:
“You're welcome, Principal. I'll stay in touch and ensure that we exhaust all available resources to bring the individuals responsible to justice. Let's work together to make our school a safe and inclusive place for everyone.”

Principal:
“Thank you again for your support. Let's take a stand against racism and work towards a brighter future for our students.”

Gas Station

Officer Gonzalez visits a gas station that is popular with many of the police officers.

Station Owner and Police Officer Discussing Free Coffee for Officers.

Gas Station Owner (GSO):
Good morning, Officer Gonzalez! How can I assist you today?

Police Officer (PO):
Good morning. I wanted to discuss something with you regarding the policy of offering free coffee to police officers.

GSO:
Of course, Officer Gonzalez. What's on your mind?

PO:
Well, I appreciate the kind gesture, but I think it would be best if we discontinued the practice of receiving free coffee. We need to ensure there is no perception of favoritism or preferential treatment.

GSO:
I understand your concern, Officer Gonzalez. We certainly don't want to create any misconceptions or compromise the integrity of law enforcement. However, I must emphasize that offering free coffee is our way of showing appreciation for the difficult and important work that you and your fellow officers do.

PO:
I appreciate the gesture, GSO, but it's important for us to maintain a professional and impartial image in the community. Accepting freebies could be misinterpreted as compromising our duty or influence our decision-making.

GSO:
Officer Gonzalez, I respect your commitment to professionalism, and I want to support law enforcement without causing any unintended consequences. How about we find a middle ground? Instead of providing free coffee to all officers, we can offer discounted rates to police personnel. We offer these same discounted rates to many other professionals in our community. What do you think?

PO:
That sounds like a reasonable compromise, GSO. Discounted rates would still be a token of appreciation while avoiding any potential issues. It also ensures that officers who genuinely need a pick-me-up during their shifts can still have access to affordable coffee.

GSO:
Absolutely, Officer Gonzalez. I'll work on implementing the discounted rate immediately. We’ll offer the discounts to any officer (in uniform), as to avoid any abuse of this discount.

PO:
That sounds fair and straightforward, GSO. It addresses our concerns while still acknowledging the support from local businesses. It's important for the community to see that we're treated like any other customer.

GSO:
I appreciate your understanding, Officer Gonzalez. We'll make sure the discounted rate is clearly communicated to all officers, and we'll handle any inquiries or clarifications promptly. Is there anything else you'd like to discuss?

PO:
That covers my main concern, GSO. Thank you for being open to finding a solution that balances our professional responsibilities and community support. I'm confident that this revised approach will be beneficial for everyone involved.

GSO:
Thank you, Officer Gonzalez. It's always a pleasure to work with law enforcement and contribute to our community's safety. If you have any further suggestions or concerns in the future, please don't hesitate to reach out.

PO:
Will do, GSO. Thank you for your cooperation. Have a great day!

GSO:
You too, Officer Gonzalez. Stay safe out there!

City Hall

A member of the City Council has requested a consultation meeting with local police department. Officer Southland meets with the city representative.

Discussion between a Police Officer and a City Council Member about Budgets and the Need for More Tickets and Arrests.

Officer Southland is back at City Hall and has a meeting with Council Member Johnson.

Officer Southland:
Thank you for taking the time to meet with me, Council Member Johnson. I wanted to discuss the budget allocation for our police department and address the need for generating more revenue through tickets and arrests.

Council Member Johnson:
Of course, Officer Southland. I understand the importance of budgetary concerns. Please go ahead.

Officer Southland:
Currently, our department is facing financial challenges, particularly when it comes to updating our equipment and maintaining adequate staffing levels. We believe that increasing our efforts in issuing tickets and making arrests could help bridge that gap.

Council Member Johnson:
I appreciate your concerns, Officer Southland. However, as a city council member, my role is to ensure the well-being and safety of our community while maintaining a balanced budget. I'm curious about the underlying reasons for the need to generate more revenue through tickets and arrests.

Officer Southland:
The increased revenue would primarily go towards improving our outdated equipment, such as updating our patrol vehicles and investing in updated technology for crime prevention and investigations. Additionally, it would help us recruit and train new officers to ensure the safety of our residents.

Council Member Johnson:
I understand the importance of equipping our police force with necessary resources. However, relying solely on generating revenue through tickets and arrests may inadvertently create a perception that our officers are focused on revenue generation rather than community safety. This could lead to strained relations between law enforcement and our residents.

Officer Southland:
I completely understand your concerns, Council Member. Our primary goal is indeed community safety, and we value our relationship with the residents. However, without sufficient funding, we won't be able to provide the level of service our community deserves.

Council Member Johnson:
I acknowledge the need for adequate funding, but I believe it's crucial to explore alternative solutions as well. Have you considered collaborating with community organizations or seeking federal or state grants that can help alleviate the budgetary constraints?

Officer Southland:
We have explored some avenues for additional funding, but they haven't proven as fruitful as we had hoped. I agree that seeking grants and partnerships with community organizations is a viable option, and we will continue to pursue those opportunities.

Council Member Johnson:
Excellent. It's crucial that we find a balance between financial sustainability and maintaining a strong relationship with our community. I would encourage you to continue exploring alternative funding sources while keeping community engagement and safety at the forefront of your efforts.

Officer Southland:
Thank you for your guidance, Council Member Johnson. We will work towards finding a solution that ensures the well-being of our community while addressing the financial challenges we face. Your support is appreciated.

Council Member Johnson:
I appreciate your dedication, Officer Southland. Let's work together to find a sustainable approach that benefits our residents and supports the police department's needs. Feel free to reach out if you require any further assistance or guidance.

The meeting concludes, and Officer Southland and Council Member Johnson agree to maintain an open line of communication to address the budgetary concerns and explore alternative funding options.

Conclusion

Observing the day-to-day interactions of police officers provides valuable insights into the multifaceted interactions that police officers have with their communities. By exploring these diverse scenarios, we develope a deeper understanding of the essential skills and qualities required in this profession. From communication and conflict resolution to empathy and cultural competence, you have witnessed the significance of these skills in forging positive relationships and ensuring the fair and just application of the law.

 

Overview

For this assignment, you will be tasked with creating a recruitment presentation for the Jurisville Police Department. Keep in mind that for law enforcement agencies to be successful in the future, it is more important than ever for municipalities and departments to identify, recruit, and employ a well-trained and professional police force, that identifies the needs of the community. From making arrests to using proper force to understanding technological devices to dealing with individuals with mental health issues and victims of hate crimes, police officers are increasingly performing many different roles. In their efforts to provide their citizens with a properly trained and professional police force, municipalities need to know that officers are adhering to their training and operating under established policies and procedures.

Today's police officer is not just one who can perform the basic functions of an officer, but one who also possesses the "intangible skills" or characteristic traits that are necessary, such as empathy, compassion, trustworthiness, adaptability, critical thinking, conflict resolution, and cultural awareness.

Scenario

You are the "new recruiting Officer" for the Jurisville Police Department and the Police Chief has asked you to put together a recruitment presentation to be presented to area high school/college students at the annual Job Fair. The Chief has given you the liberty to identify and focus your presentation on the needs of Jurisville with specific instructions to include a diverse hiring focus (matching the community demographics), as well as hiring individuals who are well-rounded and balanced in both characteristic traits and skills. Keep in mind that today's Officer is highly skilled in basic police work, but also must possess the ability to deal with all types of crimes and the victims of those crimes.

Prepare

Review the information you collected from the Week 6 Assignment, Recruitment for a Well-Balanced, Modern Police Agency, the Week 6 Activity, Traits vs. Skills, and the Justice Ideology SurveyLinks to an external site. from Week 7. You will use the information to guide you in this assignment.

Instructions

Complete a recruitment presentation (8-12 slides) in which you:

1. Based on your observations in Jurisville, articulate the skills that will be expected of the recruits during their training in order for them to be successful in all roles of law enforcement. (2-3 slides).
   • Provide a rationale for your selection.
2. Examine the traits that the department is looking for to create a well-rounded, balanced agency. (2-3 slides).
3. Demonstrate what your agency has to offer a police candidate when it comes to training, promotions, and special units. (2-3 slides).
4. Support your writing with at least 3 credible, relevant, and appropriate sources.
   • For help with research, writing, and citation, access the library or library guides.
   • Cite each source on your source list at least once within your assignment.
   • Format your citations in accordance with Strayer Writing Standards.

Formatting Requirements

Your presentation should meet the following formatting requirements:

• Be 8–12 slides in length.
• Include 2-3 slides for each of the first three criteria listed under the Instructions.
• Include a cover slide and a Source slide (or slides).
  • Cite each source on your source list at least once within your assignment.
  • Format your citations in accordance with Strayer Writing Standards.

This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.

The specific course learning outcomes associated with this assignment are:

• Examine management of front-line police officers, including hiring, training, and accountability.
• Examine the role of law enforcement agencies in handling modern challenges and recruiting a well-rounded, balanced police officer.

Resources

• Microsoft PowerPoint Library Guide.
• Traits vs. Skills.
• Justice Ideology SurveyLinks to an external site. | TranscriptLinks to an external site..