Arkansas Jury Instruction — 6.6.2 Maintenance And Cure: A Comprehensive Explanation of Maritime Law Maintenance and Cure is a crucial concept in maritime law that provides protection and compensation for seamen who are injured or fall ill while working on a vessel. This instruction, Arkansas Jury Instruction — 6.6.2, outlines the specific details and requirements related to Maintenance and Cure claims in the state of Arkansas. Maintenance refers to the daily living expenses, including room, board, and necessary accommodations, that an injured seaman is entitled to while undergoing medical treatment and recovering from injuries. It ensures that the seaman can maintain a standard of living similar to that on the vessel during their recovery period. Cure, on the other hand, pertains to the seaman's medical expenses, including doctor visits, surgeries, medications, rehabilitation, and any other necessary treatments. It covers all forms of medical care reasonably required to restore the seaman's health to its pre-injury or pre-illness condition. Arkansas Jury Instruction — 6.6.2 Maintenance And Cure provides guidance to jurors on the following key elements: 1. The injured party must be a seaman: The instruction explains the definition of a seaman under maritime law, emphasizing the need for the injured individual to have a substantial connection to a vessel or a fleet of vessels under common ownership or control. 2. The seaman must become injured or ill while in service of the vessel: The instruction outlines that Maintenance and Cure claims are only applicable when the seaman's injury or illness can be directly linked to their duties or the hazardous conditions they encountered during their employment onboard the vessel. 3. The duty of the employer to provide Maintenance and Cure: It is emphasized that employers have a legal obligation to provide Maintenance and Cure benefits to injured seamen, regardless of who was at fault for the accident or illness. This ensures that seamen are protected and receive necessary care and support. Different types of Arkansas Jury Instruction — 6.6.2 Maintenance And Cure may vary based on the facts and circumstances of the case. For example, variations exist for cases involving pre-existing conditions aggravated by maritime work, cumulative trauma injuries, occupational diseases, and more. Each variation elucidates the specific legal requirements and considerations applicable in these distinct situations. In conclusion, Arkansas Jury Instruction — 6.6.2 Maintenance And Cure provides a detailed explanation of the key aspects, requirements, and obligations related to Maintenance and Cure claims in Arkansas maritime law. This instruction helps jurors understand the importance of protecting injured or ill seamen and ensuring they receive adequate compensation and medical care throughout their recovery process.
Arkansas Jury Instruction - 6.6.2 Maintenance And Cure
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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.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
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.
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.
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).