New York Jury Instruction — 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need is a part of the jury instruction guidelines that aim to provide guidance to juries when handling cases brought by convicted prisoners who allege deliberate indifference to their serious medical needs. This instruction embodies the legal principle that it is unconstitutional to deny or delay necessary medical treatment to prisoners, as stated in the Eighth Amendment. The purpose of this specific instruction is to educate the jury members about the legal standard required to establish deliberate indifference on the part of prison officials or personnel. In such cases, the convicted prisoner claiming deliberate indifference must prove that the defendant(s) acted with a knowing and unreasonable disregard for the prisoner's serious medical need. The jury must consider the following factors when determining deliberate indifference: 1. Serious Medical Need: The prisoner must show that they had a serious medical condition or a need for medical treatment. Examples could include conditions such as infections, broken bones, chronic illnesses, or any condition that requires professional medical attention. 2. Subjective Awareness: The jury must analyze whether the defendant(s) were subjectively aware of the prisoner's serious medical need. The defendant(s) must have had actual knowledge of the situation or a blatant disregard for obvious symptoms or conditions. 3. Deliberate Indifference: The convicted prisoner must demonstrate that the defendant(s) acted with deliberate indifference to their medical needs, meaning that they intentionally or recklessly disregarded the risk to the prisoner's health or safety. Mere negligence or medical malpractice is not enough to establish deliberate indifference. It is crucial to note that New York Jury Instruction — 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need covers various scenarios and types of cases. Some possible different types of cases that might fall under this instruction include: 1. Failure to Provide Medication: When prison officials or personnel fail to provide prescribed medications or intentionally deny access to necessary medication for a prisoner's serious medical condition. 2. Delayed or Denied Treatment: Cases where prison officials or personnel intentionally delay or deny necessary medical treatment, resulting in the deterioration of the prisoner's health or exacerbation of their condition. 3. Inadequate Facilities or Specialist Access: Instances where prison authorities fail to provide adequate medical facilities or prevent a prisoner from accessing specialized medical care when it is essential for their condition. 4. Ignoring Obvious Symptoms: Situations where prison officials or personnel blatantly disregard obvious symptoms of a serious medical condition, leading to aggravated harm or unnecessary suffering. 5. Non-Disclosure of Medical History: Cases in which prison authorities fail to timely disclose a prisoner's medical history or withhold relevant medical information required for proper treatment. It is important for the jury to consider all the evidence presented and apply the legal standard provided in this New York Jury Instruction when deciding whether the defendant(s) demonstrated deliberate indifference to a convicted prisoner's serious medical need.
New York Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need
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FAQ
Following the closing arguments, the judge ?charges the jury,? or informs them of the appropriate law and of what they must do to reach a verdict.
Criminal Jury Instructions (CJI) The Criminal Jury Instructions are a set of model charges intended as a guideline for trial judges. The instructions are, of course, based on statutory provisions and prevailing case law.
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
Such an instruction became known as an Allen charge and is given when, after deliberation, a jury reports that it is deadlocked and unable to decide on a verdict. Because it is used to dislodge jurors from entrenched positions, the Allen charge is sometimes referred to as the "dynamite charge" or the "hammer charge."
Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict.
If you appear for jury service and are not selected, you will not have to return again until you are notified by mail with another notice to report for jury service.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).