New York Jury Instruction — 6.6.2 Maintenance And Cure: Maintenance and cure refer to two important aspects of maritime law that protect injured seamen. This New York Jury Instruction — 6.6.2 provides detailed guidance on the concept of maintenance and cure in cases involving injured seamen. Maintenance is a daily allowance provided to the seaman for living expenses, including food and lodging, during the period of recovery from their injury or illness. The seaman is entitled to receive maintenance until they reach maximum medical improvement or until they can return to work. The amount of maintenance is usually determined based on reasonable living expenses in the seaman's area or the actual expenses incurred. Cure refers to the seaman's right to receive medical treatment, including doctor's visits, hospitalization, medications, rehabilitation, and any other necessary medical care related to their injury or illness. The employer or the shipowner is responsible for paying for all reasonable and necessary medical expenses until the seaman reaches maximum medical improvement. Under this New York Jury Instruction, the jury must consider whether the injured seaman is entitled to both maintenance and cure based on the evidence presented during the trial. The jury should assess the validity and reasonableness of the expenses claimed by the seaman and determine a fair and just amount to be awarded as maintenance. They should also evaluate the medical treatment received by the seaman and determine the reasonable and necessary expenses associated with cure. It is important to note that there are different types of New York Jury Instruction — 6.6.2 Maintenance And Cure that may be applicable in specific cases. Some variations of this instruction may address specific circumstances, such as the seaman's pre-existing conditions, contributory negligence, necessity for future medical treatment, or the duration of maintenance and cure payments. In conclusion, New York Jury Instruction — 6.6.2 Maintenance And Cure is a comprehensive guideline that helps the jury understand the principles of maintenance and cure in maritime law. It outlines the seaman's entitlement to adequate living expenses and necessary medical treatment during their recovery period. By following this instruction, the jury can ensure a fair and just resolution to cases involving injured seamen.
New York Jury Instruction - 6.6.2 Maintenance And Cure
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It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
Jury Instructions 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.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
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).
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.