Legal Memorandum (The case of Kevin Ward Jr. and Tony Stewart) - Essay Example

According to a law suit presented by the family of Kevin Ward Jr., they claimed that Tony Stewart was the person directly in charge of causing Kevin Ward Jr. death. According to the law, since Tony Stewart is the one who drove the car that crushed into Kevin Ward knocking him down and killing him, the law had to accept accusation of Tony being the cause of Kevin’s death, until further investigations. According to Wisconsin Statutes, Tony Stewart had stood to be accused of the following; murder, manslaughter, and homicide or innocent.

Based on how the evidence would have been presented, Tony Stewart had the above options to defend himself. If evidence are so implicit, he could have stood accused of either murder, manslaughter or homicide and punishment accorded. Tony Stewart hence had a role of defending himself against the three accusations in order to be proved innocent. In the case of Tony Stewart versus Kevin Ward Jr. a jury had to be selected in the case. The criteria for selection of the jury in this case will be based on people who have had prior experiences with such cases.

In addition, the jury had to be chosen based on people who were neutral on both sides, and had to make rational decisions based on the facts presented on the case. The jury is supposed not to appear biased based on their representation. Based on the evidence seen on the video, the decision reached found John Stewart not guilty. This can be attributed to the carelessness at which Kevin Ward Jr. demonstrated after the crash incident. Instead of Kevin Ward Jr. waiting for the accident response team to come remove him from the crash site and take him to a safe place, he decided to remove himself from the crash site.

The second mistake that Kevin Ward Jr. did was to enter the race field in rage while knowing that the race drivers were still on speed. Such an act can be termed as careless since he knew the repercussion of entering a on-going