Criminal Law – Go to Trial – Crash the Justice System
March 19, 2012
In this era of mass incarceration — when our nation’s prison population has quintupled in a few decades partly as a result of the war on drugs and the “get tough” movement — these rights are, for the overwhelming majority of people hauled into courtrooms across America, theoretical. More than 90 percent of criminal cases are never tried before a jury. Most people charged with crimes forfeit their constitutional rights and plead guilty.
“The truth is that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used,” said Timothy Lynch, director of the criminal justice project at the libertarian Cato Institute. In other words: the system is rigged.
In the race to incarcerate, politicians champion stiff sentences for nearly all crimes, including harsh mandatory minimum sentences and three-strikes laws; the result is a dramatic power shift, from judges to prosecutors.
via Go to Trial – Crash the Justice System – NYTimes.com.
Consumer Issues – Legal Wrinkle Creates Debate Over ‘Debtors’ Prisons’ in Illinois
January 26, 2012
Generally, when there are summons or a subpoena for you to appear in Court, you must do so if you have been served with those papers. Either yourself, or a legal representative on your behalf has to show up. Failure to show-up, may result is a warrant for your arrest to be issued. Now, that is a Rule of Law that is helpful in many instances in order to get those who have done harm or have important information about an incident such a witness to come to Court and help in the implementation of Justice.
What I fail to understand, is that in a collection proceeding, if the defendant has been properly served, and he or she does not show up in Court, the common sense result would be the entry of a judgment in the amount asked in favor of the plaintiff and against the missing defendant. The defendant then may begin collection activities which may include freezing bank accounts, wage garnishment, ceasing property and such. It behooves us to think that a person who owes money, and has not paid it as he or she was supposed to, would suddenly come up with funds to pay the debt holder if he or she would appear in Court. It is utterly void of any sense whatsoever, for a Judge to enter a body attachment order and issue an arrest warrant in a debt collection proceeding. It is simply void of any practical sense and/or common sense and/or legal sense.
Yet, the example below is one amongst many that I have heard taking place as of late. This causes a Court to play into the hands of low-life debt collectors who have found a new weapon to harass and harm otherwise good and law abiding citizens who are down on their luck. No one should be sent to jail because they cannot pay their debt. That is a sound principle that a Judge should be able to work through when a debt collector’s representative requests the Court to issue an arrest warrant when the defendant fails to show. Under normal circumstances, the failure should simply mean that the defendant does not have any defense nor is disputing the existence of the debt or his or her obligation to pay it. What more can be obtained by placing the person in jail, possibly causing more economic harm and making it even more difficult to pay back, even if they had such an intention.
This sort of behavior is expected of debt collectors-but it is surprising and sad to see Judge’s who are willing to go along with it.
“Robin Ebersohl left her job at a Wal-Mart in Montgomery County to drive back to her home in Livingston. During the trip, she was stopped by police. “I knew my muffler was bad, but I just kind of chanced it,” Ebersohl said. “He pulled me over, and I thought I would just get a fix-it ticket or something.” What Ebersohl didn’t know was that a warrant had been issued against her in Macoupin County for failure to appear in court on a debt collection issue. “I didn’t know what I was supposed to appear to,” said Ebersohl, who said she never got a notice that she was due in court.
Instead of going home that day, she was taken to jail. Ebersohl said she spent the night in the Montgomery County Jail and then was transferred to Macoupin County, where she spent three more days in jail.”
Wrongful Death – Personal Injury – Frivolous lawsuits Are Not The Issue – Carelessness Is.
January 3, 2012
We have heard so many tales of woes about how medical malpractice lawsuits are ruining the medical health of this country by making healthcare expensive for all and by causing the exodus of doctors from the so-called “judicial hellholes” (of which Illinois is supposedly one) toward States where there are limits on justice that a victim of a doctor’s carelessness can hope to obtain.
The problem with that proposition is that it is simply not true. What causes medical malpractice lawsuits are not patients and/or juries and their verdicts or lack of caps on those verdicts, but medical malpractice. The best way to prevent a lawsuit based on medical malpractice is to not commit carelessness.
Note that here, we are not talking about things that may go wrong in the natural progression of a treatment: there are times when a treatment goes wrong through no fault of the medical provider and/or the attending physician. Things may go wrong because Medicine is an art. What we are talking about here are actual damages caused to individuals that are the direct result of carelessness–that is different from simply not getting the intended result. For example, damages that could cause for failure of a doctor to simply read objective tests that are performed and that are ready to be reviewed but the doctor simply decides not to avail himself f the useful information those tests provides him. That is when medical malpractice lawsuits may be expected.
NYT: Doctors at Harlem Hospital Didn’t See Most Reports
Nearly 4,000 tests for heart disease performed over the last three years at Harlem Hospital Center – more than half of all such tests performed – were never read by doctors charged with making a diagnosis, hospital officials acknowledged Tuesday.
The echocardiogram tests, a type of ultrasound used to evaluate heart muscle and valve functions, were ordered by doctors at the hospital. The tests were stored on a computer and basically forgotten, officials said. The lapse occurred because the cardiology service at the hospital had developed a system by which technicians were given the responsibility to scan all tests and flag any that looked abnormal, so that they would be given priority when doctors read them.It appears, officials said, that the tests that were not flagged were put aside and forgotten.
The city’s Health and Hospitals Corporation, which runs the public hospital system, including Harlem Hospital, and Columbia University, whose medical school supplies the cardiologists who work at Harlem Hospital Center, acknowledged the problem in a joint statement on Tuesday, after being asked about it by The New York Times.
“While the process the doctors followed may have alerted cardiologists to those echocardiograms that were most likely to be abnormal, the failure to read the echocardiograms in a timely manner is inexcusable and may have placed patients at risk,” Alan D. Aviles, hospitals corporation president, said in the statement. It was unclear who developed the screening system, hospital officials said.
Tips & Tricks – Tis The Season: Snow-Shoveling Injuries Appear Early
December 29, 2011
Dr. Peretz offers simple tips to get you through the winter without injury:
1. Warm up before you dig in: Youll do your back a favor if you warm up for five to ten minutes before shoveling or any strenuous activity. Get your blood moving with a brisk walk, jogging or marching in place, or running up the stairs. Then stretch your lower back and hamstrings the large muscles in the back of the thigh with some gentle stretching exercises.
2. Use the right shovel: The basic snow shovel hasnt changed much since it was invented over 100 years ago. Hand grips are often lacking and the shovel length is typically too short for most people, forcing the user to bend and twist while heaving snow. Also, the traditional steel shovel is heavy, adding to the weight – as much as 20 pounds per shovelful of snow – you are lifting. Newer, ergonomic snow shovels take some of the effort out of snow removal. They are typically made of lighter materials such as plastic or lightweight aluminum and feature a curved handle or adjustable handle length to reduce or eliminate bending.
3. Use proper shoveling technique: Whenever possible, push the snow aside instead of lifting it. If you must lift, follow these guidelines:
- Bend your knees and lift with your leg muscles – not your back!
- Avoid twisting; pivot your whole body to change direction.
- Do not throw snow over your shoulder.
- Keep each load light.
- If you must lift a full shovel, grip the shovel with one hand as close to the blade as comfortably possible and the other hand on the handle.
- Walk to a new location to deposit the snow; do not reach or toss.
4. Clear early and often: Its easier to clear a light layer than to wait until all the snow has fallen and its packed and heavy. In deep snow, remove a few inches off the top at a time rather than attempting to shovel the full depth at once.
5. Stay on your feet: Wear shoes or boots with good treads and spread sand, rock salt, or kitty litter on your sidewalk or driveway to increase traction and reduce the likelihood of slipping.
6. Take it easy: Take a break every 10-15 minutes; stand up straight, walk around, and drink water to avoid dehydration and overheating. Listen to your body; when it says “stop” STOP.
7. Consider a snow blower: When used correctly, a snow blower puts less stress on your lower back than shoveling. Use the power of your legs to push the snow blower while keeping your back straight and knees bent.
via Tis The Season: Snow-Shoveling Injuries Appear Early.
Insurance – Healthcare – New Study Shows Health Insurance Premium Spikes in Every State
December 6, 2011
Premiums for employer-sponsored health insurance have risen faster than incomes in every state in the nation, according to a report released Thursday.
The analysis of federal data by the Commonwealth Fund, an independent research organization, shed new light on the state-by-state picture while essentially confirming a national trend, highlighted in other recent surveys of employer-sponsored insurance, of greater premiums for skimpier benefits.
The District of Columbia had the highest annual total premiums, including both the employer’s and the worker’s share. In 2010, they averaged $5,644 for a single policy and $15,206 for a family version — a rise of 51 percent and 41 percent, respectively, since 2003.
But the costs were significant even in states with some of the lowest average rates, such as Alabama, where a single policy averaged $4,571 in total premiums and a family version reached $12,409. Maryland and Virginia were roughly in the middle of the pack.
“Although employees typically don’t see the total cost of their insurance, the sharp increase, in effect, means lower wages and salaries as employers make the trade-off between increasing wages and offering insurance,” said Cathy Schoen, a co-author of the study.
via New study shows health insurance premium spikes in every state – The Washington Post.
Just In Case You Needed Another Reason in Favor of Universal Health Care System
June 15, 2010
New Survey Finds Free Clinics Heavily Burdened
“Our nation’s 46 million uninsured often delay or forgo needed healthcare because the cost is prohibitive,” said study author Julie S. Darnell, PhD, MHSA, then of the University of Chicago and now with the School of Public Health at the University of Illinois at Chicago. The mean cost for a doctor visit for uninsured patients is around $50, Darnell wrote.Traditional sources of care, including public clinics and federal health centers, both charge fees and bill patients. “Aside from cost considerations, care is frequently difficult to find, especially for those with the least resources,” Darnell added. For many poor, uninsured, and underserved patients, the only sources of care are emergency rooms or free clinics.
At the time of the survey, 1,007 free clinics were known to be operating throughout 49 states and the District of Columbia (Alaska was the lone exception).
Limiting Liability Is Simply Not A Good Idea
May 31, 2010
If BP’s liability for the oil spill is limited to $75 million, who pays for the damages over that amount? If some fisherman loses a business he has had for 50 years and BP has paid out a day or two of its earnings for damages — reached the cap — does the fisherman absorb the loss or does the government (the taxpayer) pay the difference? I expect that in reality, BP will be responsible for more than the $75 million in damage claims, but I have to wonder what Congress was thinking when it adopted the limitation of liability.
Goliath Does Not Need Any Help
May 18, 2010
Changes in Personal Injuries | Articles Directory – Submit Articles Free
If after David beat Goliath the government decreed that henceforth when people fight giants, they must do so with six-inch sling shots and pebbles instead of rocks, there would be a huge outcry of protest. However, the changes that are being imbedded in our legal system in the name of tort reform are attempting to do the same thing.
