DRINKING AND VIOLENCE Madison Bamman, Kaylyn Clausell, Samuel Kennemer, & Alex Panion Self 1 st Period

Drinking & Violence

Important People  Alex Jacobs – 17, rarely drinks, dating Deanna Wells  Kirk Benton – 17, drinks often, fights a lot, hostile towards ex- girlfriend (Deanna)

Important People  Deanna Wells – 17, used to drink, dating Alex  Lou Dempsey – owns Lou’s Handy Mart & Liquor

Introduction  Deanna and Alex planned to see a movie.  Alex wanted to stop by a party before, but Deanna didn’t.  He started drinking as soon as they got there.  Kirk had already been drinking and was taunting Alex.  Deanna did not understand why Alex didn’t want to leave.  Alex kept drinking until he felt light headed.

The Fight  A crowd formed around the boys & they began to fight.  Alex was much smaller than Kirk and didn’t stand a chance.  He realized his nose was bleeding and then remembered he had a pocket knife.  Kirk began laughing with the crowd while his back was to Alex.  Alex lunged at Kirk and stabbed him in the back.  Kirk fell to the ground, and Alex stood there shaking.

Consequences  Kirk spent 5 days in the hospital.  He missed 2 weeks of school which made his grades drop.  He was unable to work for 2 months, so he lost his job.  Alex was charged with assault and spent time in jail.  He also had to attend counseling and do 60 hours of community service.

Investigation  Police questioned everyone they could find.  No one came forward about who purchased the alcohol.  Several weeks later they received an anonymous tip that Eric Howe had bought it from Lou at Lou’s Handy Mart.  Police did not follow up on this tip.

Case  Kirk’s parents talked about suing Lou Dempsey for his role in Kirk’s stabbing.  They thought Lou should not profit from selling alcohol to teenagers.  They thought the city should know about Lou’s wrongdoings.

Related Alcohol Laws: Anystate, USA  Subdivision 1.1: It is illegal for anyone to sell alcohol to a minor.  Subdivision 1.2: It is illegal for anyone under 21 to drink alcohol.  Subdivision 2.1: It is illegal to sell, give, or provide alcohol to anyone under 21.  Subdivision 2.2: It is illegal for anyone under 21 to buy or attempt to buy alcohol.  Subdivision 3.0: It is illegal for anyone under 21 to possess alcohol with the intent to drink it outside their own home.

Civil Damages Act, 1994: Anystate, USA If somebody suffers an injury from an intoxicated person in any of the following ways: bodily harm, property damages, financial loss, or the ability to work, the person who suffered the injury can sue the person who caused the intoxication based on illegal sale or provision of alcohol.

Case Law 2: Hacker v. Anytown American Legion No. 600 When an intoxicated person causes harm to somebody else after consuming alcohol that was purchased illegally, the seller of any amount of illegally purchased alcohol is liable for resulting damages, if the alcohol that was sold contributed to the cause of the injury.

Case Law 4: Splett v. Wheeler, 1994 An alcohol seller is not responsible for an injury merely because one person is sold alcohol and happened to cause injury to another person. There must be a connection between the sale, consumption of the alcohol, and the injury.

Additional Information  Alcohol is the world’s most commonly abused drug.  By having 3 drinks, Alex was already at the legal BAC (blood alcohol level) for adults (.08).  1 in 4 violent crimes report that the offender had been drinking alcohol.  Violence is more common in places with alcohol.  Alcohol impairs the ability to sense danger, making them vulnerable to violence.  ¾ of all alcohol related violence occurs between the ages of 14 and 24.

Alcohol-Related Violence

Outcome We believe that Lou Dempsey should be found guilty for negligence for the acts committed by Alex against Kirk. We have made this decision based on the Civil Damages Act of 1994 and the decision from the Hacker v. Anytown American Legion No. 600.