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Mental illness and crime topics
Con to mental health within criminal justice
Mental illness and the criminal system
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Title and Citation: Kansas v. Hendricks, 521 U.S. 346 (1997) Type of Action: Participation in treatment and civil commitment Facts of Case: Mr. Hendricks suffers from a disorder called pedophilia, which is a psychosexual disorder in which an adult has sexual fantasies about or engages in sexual acts with a prepubescent child of the same or opposite sex. During trial, Mr. Hendricks admitted to having this disorder but he was never treated for a cure. As a result, he continued to have desires for children. His desires worsened and became uncontrollable when he was stressed out. (Caselaw, 2009) The jury ruled him to be a sexually violent predator. Mr. Hendricks had an extensive history of child molestation, so the state of Kansas felt they should petition under the sexually violent predator act, which outlines that, the civil commitment of persons who, due to a “mental abnormality” or a “personality disorder,” are likely to engage in such acts. (Caselaw, 2009) Contentions of the Parties: The State Supreme Court acted on the grounds that Mr. Hendricks’ condition appeared to be substantial enough to satisfy the due process requirement that involuntary civil commitments must be predicted on a mental illness finding. Hendricks appealed and argued that his commitment violated his due process rights, as well as his protection against double jeopardy …show more content…
Given the uncertainties of a psychiatric diagnosis, it may impose a burden the state cannot meet and thereby erect an unreasonable barrier to needed medical treatment. Also, as a mentally competent individual, Mr. Addington had the right to be released from mental care at his own will. He could not be held in a mental hospital without the sufficient medical proof of mental
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the
Arizona was not necessary to the decision. Justice Stevens both concurred and dissented in part of the judgments. Stevens claimed that recording the confession doesn’t mean it is involuntary or that it doesn’t follow the Due Process Clause. Stevens believed that Connelly’s incompetence to stand trial meant he could have been incompetent to waive his rights. Justices Brennan and Marshall dissented and also believed that Connelly’s mental state was a reasonable factor in determining the validity of his waiving of rights. They thought that a confession given by a defendant who is mentally ill is one not given under a clear state of mind and is not voluntary. Without his confession, officers would have never obtained valid evidence to convict him of murder. Due process requires independent collection of evidence that would contribute to a conviction. Since there was no police misconduct, the evidence gathered had to be because of Connelly’s free, voluntary, confession but he was not able to make an intellectual decision at that
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
Adair v. U.S. and Coppage v. Kansas became two defining cases in the Lochner era, a period defined after the Supreme Court’s decision in Lochner v New York, where the court adopted a broad understanding of the due process clause of the Fifth and Fourteenth Amendment. In these cases the court used the substantive due process principle to determine whether a state statute or state’s policing power violated an individual’s freedom of contract. To gain a better understanding of the court’s reasoning it is essential to understand what they disregarded and how the rulings relate to the rulings in Plessy v. Ferguson, Lochner v. New York and Muller v. Oregon.
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
...merican Psychological Association. The APA submits an arguments that an accurate proceeding requires an adversary hearing, the assistance of mental health professionals, and decision makers to specify in writing the factors relied upon making decision.
Does the first amendment overrule the Texas law that forbids the desecration of a venerated object under these circumstances?
The evidence presented to myself and the other juror’s proves that Tyrone Washburn is guilty beyond a reasonable doubt of the murder of his wife, Elena Washburn. On March 12, 1979 Elena Washburn was strangled in the living room of her family’s home. Her body was then dragged to the garage, leaving a trail of blood from the living room to the place it was found. Her husband, Tyrone Washburn, found her in the family’s garage on March 13, 1979 at 1:45 A.M. When officer Dale Chambers arrived at the scene he found her lying face down in a pool of blood. The solid evidence in this case proves only one person, Tyrone Washburn, is guilty of murder.
Therefore his psychiatric examination was not compelled and the state was completely within its right to rebut with the court ordered examination. Also under the Fifth Amendment it clearly states “A defendant may waive the Fifth amendment privilege by tactical decisions or actions” When Cheever chose to an expert to testify about his mental status he tactically made the decision to waive his fifth amendment rights.
Forcing someone to take medication or be hospitalized against their will seems contrary to an individual’s right to refuse medical treatment, however, the issue becomes complicated when it involves individuals suffering from a mental illness. What should be done when a person has lost their grasp on reality, or if they are at a risk of harming themselves or others? Would that justify denying individuals the right to refuse treatment and issuing involuntary treatment? Numerous books and articles have been written which debates this issue and presents the recommendations of assorted experts.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
Here is the history behind the Texas vs. Johnson case. A man by the name of Gregory Lee Johnson was condemned by Texas for breaking a law (which was the desecration of the flag.) Johnson damaged an American flag, in 1984, by burning it. He did so in front of Dallas City Hall, because he disapproved of the policies of Reagan administration. He was fined 2,000 dollars and condemned to jail for a year (Texas v. Johnson, Oyez).