Sentences with phrase «behavior of the defendant»

The goal of all of these efforts is to improve the fairness and effectiveness of the criminal justice system — not only by distinguishing between appropriate and inappropriate uses of neuroscientific evidence, but also by using neuroscientific techniques to enrich understanding of the decisions and behavior of defendants, judges and jurors.

Other unambiguous behavior of the defendant with regard to the animal, such as always using a harness or bridle when grooming a horse.

Finally, punitive damages are awarded when the behavior of the defendant was truly reprehensible or malicious.

Other judges have used Facebook to monitor the behavior of defendants to see if they have violated the conditions of probation (Richard Acello, «Web 2.UH - OH: Judged by Facebook,» ABA Journal, Dec. 1, 2009).

Punitive damages are not directly tied to the actual losses of the victim, but are instead awarded to punish the extremely bad behavior of the defendant.

Usually, these are awarded when the behavior of the defendant company had been so blatantly wrong that the jury feels that a punishment is warranted.

The Court found that the behavior of the defendants, while unusual, was not reprehensible so as to warrant the punishment of special costs.

In determining whether the defendant assaulted the plaintiff or committed intentional infliction of emotional distress, the behavior of the defendant was very much an issue.

In this case, there are particular conditions that must be met like the incident as a first offense, the blood alcohol was not over the legal limit and the remorseful behavior of the defendant.

Not exact matches

Bhakta was deemed unfit to be the CEO of WhistlePig for a half dozen incidents of irresponsible behavior that are, the defendants claim, indications of a character unfit to lead the whiskey company.

Those are words Assistant District Attorney Patrick Blessington used in court Thursday to describe the behavior of Monsignor William Lynn, the highest - ranking cleric to be charged with child endangerment in the landmark child sexual abuse and conspiracy trial in which he and another Philadelphia priest are defendants.

Mr. Silver, who resigned on Monday as speaker after being arrested on federal corruption charges in January, was accused of essentially facilitating the harassment by not acting forcefully to prevent Mr. Lopez's behavior as leader of the Assembly, which was also named as a defendant in one of the lawsuits.

«Scared, helpless and knowing that her job (only source of income) was on the line, Plaintiff Cater endured Defendant Hoyt's behavior despite being on the brink of a nervous breakdown,» the papers state.

He also found that that defendants had made a strong case — would be «likely to succeed on the merits» — that «being compelled to describe their behavior as wrong on threat of a felony conviction forces them to express a belief they do not hold and thus violates their right to be free of compelled speech.»

It may be unfortunate that Amazon could be a beneficiary of bad behavior by the defendants but they brought all of this on themselves.

«At bottom,» the motion continues, «it appears that Mr. Clark will be called to testify to the ultimate fact at issue in this case: whether Defendant poisoned cats... However, Defendant has not proffered that Mr. Clark has any specialized knowledge of or experience regarding Defendant's behavior.»

The amount of information you can request is also staggering: from the value of property damage or loss, offender - victim relationship, prior convictions, and even pre-sentence reports including the defendant's behavior in court, as well as his or her mental history.

It is sad and ironic that even as respondent was scolding the defendants for their behavior, in a court where trust and personal accountability were of paramount importance, respondent's own irresponsible behavior provided a poor example of such attributes.

Safeguards against this kind of behavior are in the best interests of both consumers and defendants.

Such damages are intended not to compensate a plaintiff for actual losses sustained as a result of a defendant's actions or actions, but rather to punish a defendant for egregious behavior leading to personal injury and to deter the same and similar defendants from engaging in the same sort of behavior in the future.

The penalties, punishment, and sentencing for Penal Code 273a child endangerment depend on whether or not the defendant's behavior presented a risk of «great bodily harm» or death for a child.18

Also sometimes referred to as exemplary damages, punitive damages are not intended to compensate the victim, but rather to punish the defendant for the injuries they caused and to show others what can happen if they engage in similar types of behavior.

The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.

The deciding factor of the case seems to hinge on whether the three defendants attempted to prevent «aggressive, intoxicated, or impaired individuals from forming a mosh pit» with the knowledge that this band's shows often inspire aggressive behavior in the crowds.

Comparative negligence is relevant when negligent behavior of the plaintiff contributed to the cause of an accident, therefore reducing the fault of a negligent defendant.

Finally, punitive damages are warranted in some personal injury cases, and, rather than being meant to make the plaintiff whole again, punitive damages are meant to punish the defendant for particularly willful or negligent behavior, deterring this type of behavior in the future.

All the actions involve factual questions relating to whether Abilify was defectively designed or manufactured, whether defendants knew or should have known of the alleged propensity of Abilify to cause compulsive gambling behaviors in users, and whether defendants provided adequate instructions and warnings with this product.»

Punitive damages: Awarded in a small percentage of cases, punitive damages are designed to punish the defendant for behavior that is extremely harmful, such as driving drunk or talking on a cellphone while driving.

At trial, the defendant maintained that he was traveling on the same highway as the plaintiff, and at the same time, but he had not engaged in the type of behavior the plaintiff claimed caused the accident.

Post-trial motions were initially denied but then reheard and granted, acquitting defendant, primarily due to the government not clearly defining the term «profits» and failing to establish a standard of behavior the defendant should have known of, and conformed to, but did not.

The charges that will be filed in a specific case will depend on the seriousness of the offense, the defendant's history of similar behavior, and the defendant's criminal record.

We may also seek information about the defendant during this time — for example, in a nursing home abuse case, we may review the nursing home's record for any past occurrences of abusive or otherwise negligent behavior.

Finally, it noted the existence under Virginia law of both civil and criminal penalties for the defendant's behaviors, and the fact that he continued to repeatedly engage in such behavior despite the imposition of such penalties.

The defendant's behavior may be used as justification to increase the full amount of plaintiff's settlement with punitive damages.

Finally, they allege that the defendants negligently failed to investigate allegations of abuse, including one student's prior abusive behavior.

«The defendant may be able to show complicity in permitting certain acts to go unchecked or unaddressed, the lack of any attempts at addressing the defendant's aggressive behavior before the shooting, and preventing this tragedy through some form of intervention,» Arreaza wrote in a motion to disqualify the public defender's office from the Cruz case.

Through his testimony and that of psychologists Juliet Lesser (Elizabeth's therapist), Allison Bell (Vladimir's therapist) and Amy J. L. Baker (alienation expert), the Plaintiff methodically demonstrated that the Defendant routinely engaged in behavior that alienated the Children from the Plaintiff.

«There is evidence that the plaintiff has engaged in negative behavior towards the defendant in front of the children, which adversely impacts their perceptions of him.

«Having found that [defendant] father and son relationship has been damaged by the alienation of the child toward the defendant, the next logical step is to determine what the court must do to correct the situation... «[Father's motion to modify from joint custody to sole legal custody in his favor, granted; prohibitions of various alienating behaviors on the part of mother and her family; restrictions on mother's attendance at doctor visits and parent - teacher conferences.

The court rejected the Defendants attempt to argue their behavior was protected by the First Amendment, finding that the case on which the Defendants based this defense involved the disclosure of information which the sellers had been told to provide.