You Are Defending a Client Accused of Committing a Hate

question 19

Multiple Choice

You are defending a client accused of committing a hate crime. Apparently, he got into a bar fight and uttered a racial slur during the altercation. The man he punched was in fact an African-American. Sadly, the man your client punched ended up dying from head injuries caused by the punch. Assume that your client is found guilty of manslaughter, and answer the following questions about what happens next.
-Let's say that as a result of evidence showing premeditation your client was found guilty of first-degree murder instead of manslaughter. This happens in state court in a state where the death penalty could apply. Which of the following is true?

• A) A judge could sentence your client to the death penalty if this activity took place on a Native American reservation in your state.
• B) A jury would be deliberating guilt and innocence at the same time as they were debating which punishment to dole out.
• C) The death penalty could only be imposed via a bifurcated trial in which the sentencing phase involves consideration of aggravating and mitigating factors.
• D) There is no chance of your client getting the death penalty, as it has been banned nationwide since the Supreme Court's 1972 decision in Furman v. Georgia.

Recognize the complexity of the nervous system and the challenges it poses for understanding and treating behavioral disorders.

Comprehend the concept of compensatory plasticity in the context of behavioral disorders.

Understand the difference between focal and generalized seizures.

Identify the purpose and examples of neuroprotectants in neurological care.

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Definitions:

Promissory Estoppel

The legal doctrine that restricts an offeror from revoking an offer under certain conditions, even though consideration has not been promised to bind the agreement. To be effective, promissory estoppel requires that the offeror know, or be presumed to know, that the offeree might otherwise make a definite and decided change of position in contemplation of promises contained in the offer.

Wrongful Discharge

Exceptions to employment-at-will that give employees legal ground for lawsuits against employers who have dismissed them unfairly.

Benefits Denial

The refusal by an insurance company or government agency to approve coverage or payments for claims submitted by policyholders or beneficiaries.

Wrongful Discharge

The termination of an employee's contract in a manner that breaches the contract or violates legal statutes.