Virginia Jury Instruction — 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need: The Virginia Jury Instruction — 2.2.3.2 deals with cases involving convicted prisoners who assert a deliberate indifference to serious medical needs, a violation of their rights. This instruction aims to guide the jury in understanding the legal standards involved and making an informed decision. In such cases, the central issue is whether the defendants, typically prison officials or medical staff, showed deliberate indifference to the serious medical needs of the convicted prisoner. Deliberate indifference refers to knowingly disregarding a significant medical condition or failing to provide adequate medical care despite being aware of the risks involved. To establish deliberate indifference, the convicted prisoner must prove the following elements: 1. Serious Medical Need: The prisoner must show the existence of a serious medical condition, which is one that a reasonable person would find to be significantly detrimental to their health or well-being. 2. Awareness of the Need: It must be established that the defendants were aware of the prisoner's serious medical need. This can be proven through medical records, requests for treatment, or other forms of communication between the prisoner and the defendants. 3. Failure to Provide Adequate Care: The prisoner must demonstrate that the defendants failed to provide reasonable or adequate medical care given the seriousness of their condition. This can include delays in treatment, providing inappropriate or ineffective treatment, or an outright denial of medical care. 4. Causation: Finally, the prisoner must show that the deliberate indifference of the defendants caused harm or exacerbated their medical condition. This typically requires establishing a direct link between the defendant's actions or lack thereof and the prisoner's resulting harm or deteriorating condition. It is essential to note that there may be variations or additional instructions related to Virginia Jury Instruction — 2.2.3.2, depending on the specific circumstances of the case. These variations may include instructions related to qualified immunity, the standard of care required, or any other relevant factors that could influence the jury's decision. In conclusion, the Virginia Jury Instruction — 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need guides the jury in understanding the legal standards and elements required to find a defendant guilty of deliberate indifference to a convicted prisoner's serious medical need. This instruction ensures fairness and justice in evaluating such cases within the Virginia legal system.
Virginia Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need
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FAQ
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
Ing to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable.
The Model Jury Instruction Committee is comprised of outstanding and experienced Virginia judges, practicing attorneys, and law professors who devote substantial time in the maintenance of this essential litigation resource.
The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.