Guam Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need
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What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
During trial, the court may need to give the jury limiting instructions, advising the jury that evidence is being admitted only for a limited purpose. Or the court may give the jury a curative instruction to correct some error during trial.
A curative instruction is a direction given by a judge to a jury to correct an erroneous instruction. It is intended to fix any mistakes made during the trial and ensure that the jury has the correct information to make their decision.
For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on trial ...
Introductory Instruction Under the statute set forth at Title 42, Section 1983 of the United States Code, any person who, under color of law, deprives another of any rights, privileges, or immunities secured by the Constitution or laws of the United States shall be liable to the injured party.
The Eighth Amendment of the Constitution protects prisoners from ?cruel and unusual punishment.?6 In 1976, the Supreme Court said in Estelle v. Gamble that a prison staff's ?deliberate indifference? to the ?serious medical needs? of prisoners is ?cruel and unusual punishment? forbidden by the Eighth Amendment.