Homemade Medicine Case Study Law Case Study Research (Case Study Sample)
this paper focuses on presenting Bishop’s crimes, the elements of each crime, and identifies the possible viable defenses available for the defendant.source..
Homemade Medicine Case Study
Homemade Medicine Case Study
A crime is an act done by an individual against the laws and regulations of a country. Crimes are treated equally globally, but people get different punishments as per the specific country’s constitution (Metsch et al., 2015). However, individual acts are noncriminal in particular countries and a crime in others. For instance, smoking of marijuana in the Caribbean countries is constitutional, whereby in other countries, such as the United States, it is considered a crime. Thus, people need to understand the exact place and state they are in before engaging in individual acts. In the Case Study, Patrick Charles Bishop faces manufacturing homemade and untested drugs for treating cancer. Bishop makes the drugs in his house and sells them to ‘alternative-medicine doctors’ throughout the U.S., Mexico, and other undisclosed destinations. As presented in the Case Study, there are multiple crimes that Charles Bishop can be charged against. Furthermore, there are different possible defenses that Bishop can make. Therefore, this paper focuses on presenting Bishop’s crimes, the elements of each crime, and identifies the possible viable defenses available for the defendant.
Notably, the first crime that Patrick Charles Bishop can be charged with is that of Fraud. Denotatively, Fraud is deliberate to act or not act with the intent of obtaining unauthorized benefits, either for the institution or for oneself, either through truth suppression, false suggestions, or using deception (Chen & Asch, 2017). A fraudster makes people believe and equally rely upon their misleading information. Several elements make fraudulent crime:
A Representation of Fact and Falsity
A representation of fact is equal to ‘copying related content.’ According to Chen and Asch (2017), representation of truth is a statement that resembles a matter of fact during negotiations, whereby one party intends to induce the other party to enter into a contract. Following the case study, there are several incidences that Charles Bishop deploys the representation of fact. For instance, Bishop lies to the cancer treatment centers and other-related clinics in the U.S. and Mexico that the adulterated drugs are safe and tested to treat the cancer disease. The drugs are in misbranded containers, a clear indication of misrepresentation. The Case Study also presents a scenario where Bishop lies to the manufacturer that he would use the compound primarily for research purposes. The manufacturer subscribes to Charles's idea and receives the $600,000 fee in exchange for the compounds. The defendant uses fraudulent means to lure the two parties to act in favor of his motives. Thus, Bishop qualifies the element of representation of fact, hence allowing the charges of Fraud.
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