Illegal fun and Major consequences By Xan Mitchell Maggie Cook

Facts about the Violence Minors involved in underage drinking: Kirk Benton and Alex JacobsMinors involved in underage drinking: Kirk Benton and Alex Jacobs Jacobs had 3 beers and fought with BentonJacobs had 3 beers and fought with Benton Jacobs then stabbed BentonJacobs then stabbed Benton Ambulance arrived at 10:00 p.m.Ambulance arrived at 10:00 p.m. Stab wound caused a collapsed lung, need for a test tube, hospitalized for 5 days, missed 2 weeks f school, and lost his job.Stab wound caused a collapsed lung, need for a test tube, hospitalized for 5 days, missed 2 weeks f school, and lost his job.

Facts of the case cont. … Alcohol purchased by minor, Eric Howe, at Lou’s Handy Mart and LiquorAlcohol purchased by minor, Eric Howe, at Lou’s Handy Mart and Liquor Owned by Lou DempseyOwned by Lou Dempsey Police chose not to investigate furtherPolice chose not to investigate further Parents of Benton want to sue the provider of alcohol for the violence and stabbing of their son.Parents of Benton want to sue the provider of alcohol for the violence and stabbing of their son.

Affidavits and depositions Paramedics took 20 minutes from the time of the call to arrive.Paramedics took 20 minutes from the time of the call to arrive. Benton had been stabbed in the back with the result of a collapsed lungBenton had been stabbed in the back with the result of a collapsed lung There were up to 2 months recovery time that cost the family $2,000 for hospital bills and money lost form sick days taken at work.There were up to 2 months recovery time that cost the family $2,000 for hospital bills and money lost form sick days taken at work. Jacobs alcohol level was.10Jacobs alcohol level was.10

Affidavits and depositions cont. … Eric Howe purchased 2 kegs of beer from Lou’s Handimart and LiquorEric Howe purchased 2 kegs of beer from Lou’s Handimart and Liquor Lou Dempsey sold the beer without the proper IDLou Dempsey sold the beer without the proper ID Dempsey had failed 2 previous compliance checksDempsey had failed 2 previous compliance checks Never appeared in responsible beverage service trainingNever appeared in responsible beverage service training Lou Dempsey sold to Eric Howe while knowing he was under the age of 21.Lou Dempsey sold to Eric Howe while knowing he was under the age of 21. Dempsey did not care what the effects of the alcohol was on the minors. He also gave away free 16 oz. cups with the beer and the normal glass of beer was 12 oz.Dempsey did not care what the effects of the alcohol was on the minors. He also gave away free 16 oz. cups with the beer and the normal glass of beer was 12 oz.

Applicable laws Each state has their own laws dealing with alcoholEach state has their own laws dealing with alcohol Based on the 21 st amendmentBased on the 21 st amendment All states have a minimum drinking age of 21All states have a minimum drinking age of 21 Blood alcohol level concentration is.02Blood alcohol level concentration is.02 It is illegal for anyone to sell and distribute alcohol to persons under the age of 21.It is illegal for anyone to sell and distribute alcohol to persons under the age of 21.

Related cases Jones v. Anytown Raceway, Inc. (1995)Jones v. Anytown Raceway, Inc. (1995) Anytown Raceway neglected their duty to take responsible steps to protect injured people from harm.Anytown Raceway neglected their duty to take responsible steps to protect injured people from harm. Hacker v. Anytown American Legion No. 600 (1992)Hacker v. Anytown American Legion No. 600 (1992) The seller of alcohol that is illegally purchased is liable for actions done under the influence of said alcohol. This is the case especially when the alcohol contributed in some form of injury.The seller of alcohol that is illegally purchased is liable for actions done under the influence of said alcohol. This is the case especially when the alcohol contributed in some form of injury. Martinez v. Smith (1994)Martinez v. Smith (1994) If a vendor illegally sells alcohol to a minor, they are held liable for the actions that the minor has committed.If a vendor illegally sells alcohol to a minor, they are held liable for the actions that the minor has committed.

Related Cases cont.... Splett v. Wheeler (1994)Splett v. Wheeler (1994) The vendor is not responsible for actions that happen by someone who purchased the alcohol unless that alcohol is consumed by said person.The vendor is not responsible for actions that happen by someone who purchased the alcohol unless that alcohol is consumed by said person. Holly v. Anytown Hotel (1959)Holly v. Anytown Hotel (1959) Persons being sued does not have to know of any accident that had or could be done.Persons being sued does not have to know of any accident that had or could be done.

Background on alcohol 10.4 % f alcohol abuse is based on medical consequences10.4 % f alcohol abuse is based on medical consequences 4 drinks:4 drinks: exaggerated feelings of anger and anxietyexaggerated feelings of anger and anxiety Slowed reaction timeSlowed reaction time Impaired ability for memoryImpaired ability for memory The standard number of drinks for grown men is 2 per day.The standard number of drinks for grown men is 2 per day. Standard drink size: 12 oz. of beerStandard drink size: 12 oz. of beer

Background on violence Alcohol Is the most likely drug to cause violenceAlcohol Is the most likely drug to cause violence Violence is most common where alcohol is easily availableViolence is most common where alcohol is easily available 1 in 4 violent crimes are alcohol related1 in 4 violent crimes are alcohol related

Results of the case Based on past cases and the information given, Lou Dempsey should be held for actions done while under the influence of alcohol. He is to be held responsible because he knowingly sold alcohol to a minor, without any regard as to what would happen. The Benton’s faced hardships as a result of the violence that was acted upon under the influence of the illegally sold alcohol.Based on past cases and the information given, Lou Dempsey should be held for actions done while under the influence of alcohol. He is to be held responsible because he knowingly sold alcohol to a minor, without any regard as to what would happen. The Benton’s faced hardships as a result of the violence that was acted upon under the influence of the illegally sold alcohol.