Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, August 8, 2013

Is it TDaP or DTaP?

Last Thursday, August 1st, I had an appointment with my doctor to get a school physical done. I normally don't get a physical every year (I see enough doctors during the year and have enough testing done that there rarely seems to be any point), but since I'm transferring, my new school obviously wants one done. No big deal.

It was only after I was in with the P.A. that I found out I needed a vaccine booster. I have no issues with needles, so I stuck out my arm and in went my booster TDaP/DTaP shot. Once again, no big deal.

Until, you know, about a minute later, when most of my arm went numb and the place where the needle went in started to itch. Neither the P.A. or the nurse seemed worried, so they finished filling out my paperwork and sent me on my way, telling me the arm would probably be sore tomorrow and not to worry about it. Of course, the next morning, I woke up with a hard lump on my arm right where I'd gotten the booster shot. Like any good millennial, I turned to Google. Google informed me that this was relatively normal; some people got a hard lump after getting the shot, and it was likely a minor reaction to one of the vaccine components that would go away in a few days.

Over the course of the next few days, the lump grew to the size of a golf ball. It was itchy and warm to the touch. Pain radiated up to my shoulder and down to my elbow. First, the lump wasn't discolored. Then it was red. Then it looked like I had a massive purple bruise. That's when I decided to call the doctor, who wanted to see me immediately. I drove myself to the doctor, and lo and behold, I was running a fever for the first time in 21 years! (I don't ever get fevers. Like, seriously. I've had sinus infections, ear infections, colds, bronchitis, the flu, and all those other things you're supposed to get a fever with, and I NEVER get one. The last time I ran a fever, I was 2 and had walking pneumonia.)

Yeah, apparently I'm allergic to one of the vaccine components...

On a brighter note, while my body is being difficult, I'm actually getting kind of excited for law school, which is beyond insane (and which I'll insist was never the case when finals week rolls around), but... I like justice. I'm actually trying my hand at the transfer writing competition, which for those of you unfamiliar with law, isn't really what you'd think: it's basically how you get on to law review/a law journal, something which employers generally like to see and which gives you the opportunity to potentially publish a piece of your legal writing. I'm not really sure I'll finish the competition, because I'm nervous about how my legal writing will come across when I haven't done any of it in a year, but either way, going through the sources has been a nice re-introduction to law school. I was petrified I'd have forgotten everything during the year off I had, but thankfully, that isn't the case.

Everything has also improved as far as my relationship goes, which is a relief. We still have our issues to work on (who doesn't?), but I think we've managed to find the common ground that we needed. We'll see how things go, but they're looking up from here.

Wednesday, July 17, 2013

The Messy Zimmerman Trial

Disclaimer: This post includes discussion of law-related topics. Although I am a law student, I am not an attorney, and I cannot give legal advice. The opinions expressed in this post are not meant as legal advice and cannot/should not be relied upon in any way. Consult a lawyer if you need legal advice or have questions about your rights.

The trial of George Zimmerman, the man who shot and killed Trayvon Martin in February 2012, is something I've watched extremely closely. As a law student entering my second year of law school this fall, justice is something I'm extremely interested in, and the Trayvon Martin case is something that caught my attention very early on. I remember being shocked when I first found out about it; I could not understand how a grown man could shoot and kill an unarmed teenager but not be arrested simply because he claimed self-defense. I was one of the people who signed the Change.org petition calling for George Zimmerman's arrest, along with over two million other individuals. I believe our justice system is in place for a reason, and when a high school kid gets shot on his way home from 7-Eleven, the justice system is supposed to step in and figure out what happened and what should be done.

I was extremely upset when the jury found George Zimmerman not guilty, but not too surprised. When the prosecution rested, I felt very uneasy. Later on, they had an excellent closing argument, but they should have done a much better job of humanizing Trayvon Martin and presenting their theory of the case. Why didn't they have witnesses that attested to Trayvon Martin's character? Why didn't they talk with his parents or brother about his hopes and dreams? Why didn't they have any witness that talked about what Trayvon's hobbies were, what he did in his spare time? The Miami Herald posted an article about a month after the killing, including quotes from several of Trayvon's friends and his family members. Apparently, Trayvon dreamed of working in aviation, spent hours on his phone and listening to music (like most teenagers), was described as a sweet, respectful, non-agressive kid by the teacher of the honors English class he had taken during his sophomore year, had a "voracious appetite," and wanted to attend college in Florida. Why wasn't any of that information presented at trial? And how had Trayvon ended up dead? The prosecution cast a lot of doubt on Zimmerman's account of the altercation and what had happened before, during, and after it, but until their closing argument, they didn't really hit home with a distinct theory of what actually happened.

The statements made by members of the jury post-trial, specifically Juror B37, reveal disturbing information about how they thought about the trial. It seems like they didn't think race had anything to do with the killing (meaning the prosecution really failed at addressing the racial aspects of the case and the idea that Trayvon was racially profiled), that they wanted to convict Zimmerman of something but couldn't under Florida's Stand Your Ground Law (which appeared in jury instructions but which the prosecution also really didn't talk about), and that they didn't really think of Trayvon as a child - a child that could ultimately have been their own (another failing of the prosecution to humanize him and make him more than a dead body).

Realistically, I believe Zimmerman should have been convicted, if not of second-degree murder, then at least of manslaughter. As a law student who has studied criminal law and related statutes, I feel like he would have been convicted in other jurisdictions where the Stand Your Ground Laws aren't on the books. As quoted in this article, Attorney General Eric Holder believes, "By allowing - and perhaps encouraging - violent situations to escalate in public, such laws [as Stand Your Ground] undermine public safety." I agree 100%. Some people seem to think that without SYG laws, they don't have the right to defend themselves. But people DO legally have the right to defend themselves, AND to use deadly force to do so in a number of situations where it's arguably necessary.

Without SYG laws on the books, an individual who isn't inside their home and who fears imminent death or great bodily harm is permitted to use force, including deadly force, if a safe means of retreat that would avoid the harm is not available. Basically, an individual has a legal duty to leave the situation if they can do so safely. In most situations where a person would feel compelled to consider deadly force, safe retreat probably isn't an option. If someone is holding a gun to your head or is choking you, chances are an affirmative defense of self-defense will be a given if you wind up killing the person.

With SYG laws on the books, a person basically doesn't have a duty to retreat, even if they could do so safely and avoid the harm. If they fear imminent death or great bodily harm, even if that and harm to the other person could be avoided by safely retreating, they're allowed to take the law into their own hands and use deadly force against the other person. The threat of imminent death or great bodily harm doesn't even need to be actual; it can just be a perceived threat.

What did you think about the way the George Zimmerman trial played out?