DeShaney v. Winnebago County was a landmark Supreme Court Case which was ruled on in February, 1989. The case revolved around Joshua DeShaney, a child who who was reportedly abused by his father, Randy DeShaney. In 1980, Joshua's parents divorced and his father won full custody. In 1983, Joshua was hospitalized for suspected abuse by his father. Winnebago County Department of Social Services got involved and four year old Joshua DeShaney was kept in the hospital's custody for three days. However, “On the recommendation of a 'child protection team,' consisting of a pediatrician, a psychologist, a police detective, the county's lawyer, several DSS caseworkers, and various hospital personnel, the juvenile court dismissed the case and returned the boy to the custody of his father.” (US Supreme Court). Over the next year, Winnebago's Department of Social Services visited the DeShaney household five times and each time, suspected child abuse was reported. In January and March of 1984, Joshua was reported too ill to be visited by social services for his bimonthly check ups. Evidently, he had been beaten to the point of slipping in to a life threatening coma by his father. Emergency brain surgery revealed that Joshua had a series of severe brain hemorrhages caused by head injuries inflicted over a long period of time. Joshua DeShaney survived, but he suffered severe brain damage and was not expected to ever make a full recovery. Joshua DeShaney's mother filed a lawsuit on his behalf, claiming that because DSS had taken no action to prevent the violence affecting her son, they had violated his right to liberty without the due process gauranteed to him by the Fourteenth Amendment. Joshua's mother sued under “42 U.S.C. 1983, alleg... ... middle of paper ... ...nnebago County." Wikipedia. N.p., 10 12 13. Web. 10 Jan 2014. . U.S. Supreme Court, . N.p.. Web. 10 Jan 2014. . Strauss, P.. N.p.. Web. 10 Jan 2014. . Cornell, . 10 Jan 2014. . . N.p.. Web. 10 Jan 2014. . . N.p.. Web. 10 Jan 2014. . . N.p.. Web. 10 Jan 2014. . "Estelle v. Gamble." Wikipedia. N.p., 29 10 13. Web. 11 Jan 2014. . "Younberg v. Romeo." Wikipedia. N.p., 5 11 12. Web. 11 Jan 2014. .
The rights of Dwight Dexter were not upheld in the criminal justice system. The rights that were not upheld include rights in the Fourth, Fifth and Sixth Amendments, such as the right to a fair trial, search with a warrant. The Sheriff’s actions were also violated Dexter’s rights.
Colorado Petitioner v. Francis Barry Connelly was a case appealed on October 8, 1986 by the Supreme Court of Colorado and later decided on December 10th, 1986 by the U.S. Supreme Court. The case began in Denver when, without any prompting, Francis Connelly approached police officer Patrick Anderson and claimed he had murdered a young girl named Mary Ann Junta. Before hearing anymore details, Officer Anderson immediately advised Connelly of his Miranda rights. The respondent said that he understood his rights but still wanted to discuss the murder. Officer Anderson asked Connelly several questions, where he denied drinking and taking drugs, but had claimed to be treated for mental illness. Soon after, detective Antuna arrived and Connelly was once again advised of his rights. Connelly claimed that
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
"Tinker V. Des Moines." Because Freedom Can't Protect Itself. American Civil Liberties Union, 16 Mar. 2007. Web. 29 Oct. 2013. .
There was a big change in 1963 when the landmark case Gideon v. Wainwright transformed the way state courts applied the right to counsel to indigent defend...
This assignment will cover a fictitious name of Mary Cooper a woman accused of harboring a fugitive, and illegal stolen equipment. The police attempted an illegal search and seizure in her home without a search warrant. This violates her Fourth Amendment rights. Cooper held that the Fourth Amendment’s protection against unreasonable searches and seizures require the exclusion of evidence found though an illegal search by state and local police officers, extending to the state a rule that previously applied onto to federal law enforcement.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Justice is among the most significant moral and political concepts. The word originates from the Latin jus, meaning “right or law”. All throughout history, injustice has been an issue each individual has experienced during his or her daily life. Even today we are still experiencing riots and protests from African-Americans in order to attain justice. In Twilight: Los Angeles, 1992 by Anna Deavere Smith, readers see an example of injustice through the Rodney King case and the shooting of Latasha Harlins. Rodney-King and Latasha Harlins experienced racial injustice, which can be described as the denial of rights based on an individual’s race or racial background. Both two victims were mistreated for the color of their skin and were stripped
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
In Supreme Court cases, it is difficult to determine which side the judges will rule because the cases are often very controversial. The Constitution and one’s rights need to be protected, and if it goes against the Constitution, the consequences will not be agreed upon. As a result, in Holmes’ analysis, it ultimately brings to light the importance of results often being black and white, but they truly aren’t. The public still has a long way to go in not only understanding the law, but also the reasons why judges make these different decisions. But the most important thing is that the U.S. Constitution is always followed.
The final clause of the first section of the fourteenth amendment explains, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 2 The 1976 ruling of Gregg v....
... was instrumental to recognition of the constitutional right to privacy and the interpretation of the Ninth Amendment. This case shows that the Constitution is a living document that can be maneuvered to accommodate for the adaption of American peoples. While it is a stationary and unchanging document, unique interpretations can be gleamed.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Defense." Southern Illinois University Law Journal 30.(2006): 533-571. OmniFile Full Text Select (H.W. Wilson). Web. 2 Apr. 2014.