Civil Courts prefer to remain impartial towards parental religious beliefs and practices when determining what is in the best interest of a child. Yet, case law makes it clear that the religious practices of the parents and the proposed course of religious education may become relevant factors for the court to consider in determining custody or visitation. Recent statistics indicate that the divorce rate in the United States has reached fifty percent and shows no sign of decline. Polls show that Americans are become more religious and that bi-religious marriages are on the rise. When the parent informs the attorney that the opposing party will attempt to use his or her religious beliefs, practices, or affiliation to discredit the case, the practioner would state that there is no place for marriage in a best interest hearing and that judge would not tolerate such irrelevant evidence. However, the reality is that religious practice may become a relevant factor and to simply dismiss the possibility of religious attack may be detrimental to the parent in any effort to obtain custody or unrestricted visitation. Religious freedom is a sacred ideal in the United States and the protection of those rights is crucial. Amendment 1 of the Constitution of the United States provides that the “Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof.” Every parent is entitled to an objective and bias-free custody or visitation trial. When the opposition’s pleading are filed with critics of the parent’s religion, negative comparisons to cults and other pejorative and conclusory statements, the parents involved will not be able to get a fair hearing. As one court succinctly states “intervention in the matters of religion is a perilous adventure upon which the judiciary should be loath to embark.”
Everyone knows of nightmare stories about divorce, involving huge legal bills, court battles, seething resentment and emotional scars for all involved. And with such issues as religion which is fundamental to the beliefs of each parents being heard and criticized by the Court that has vague ideas and stereotypes of certain religious practices can make an already difficult experience more difficult. Divorce mediation offers separating couples the chance to work with a neu...
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...o find an objective criteria to find a viable solution.
The parties can choose to determine for themselves whether certain practices of religion can adversely affect the child listening to each other’s concerns and what is important to each side in their religious beliefs The main concerns of the parties are proper medical care, college education and activities at school and interaction with Robert’s family that Jennifer’s religious practices may forbid, the parties need to address each other’s concerns and reach an agreement about religious training which allows Bobby to be raised in households that have mutual respect for the religious differences in the other household which will ultimately benefit the child. We live in a pluralistic society. Within the high degree of integration and assimilation, differences continue exist. Full access to both parents may afford the child a bicultural as well as bi-religious experience. Furthermore, there is a value in letting the child see, even at an early age, the religious models between which it is likely to be led to choose in later life. Such religious diversity has also been supported by the judiciary.
The family belief system is spiritually although both M.M. and J.L.M. were members of religious organization as children. Although the family does not currently attend a church on a regular basis they did choose to have their son baptized. M.M. and J.L.M. expressed their families traditional values and morals have influence them to be open minded with liberal values, as they do not oppose to gay marriage and believe all individuals should be treated with respect and have equal rights and spiritual freedom. M.M. and J.M. expresses due to his upbringing he is very prideful, works hard, and does not believe in individuals living off welfare. The family identifies themselves as a combination of conservative and
Crime is any violation of law, either divine or human; an omission of a duty commanded, or the commission of an act forbidden by law. Gross violation of human law, in distinction from a misdemeanor or trespass, or other slight offense. Hence, also, any aggravated offense against morality or the public welfare any outrage or great wrong. Any great wickedness or sin; iniquity. {Copyright 2004 BrainyMedia.com}
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
Misdemeanors are crimes that are typically punishable by no more than one year of local county jail time and have no more than a $1,000 fine. Misdemeanors can range from very minor to very severe. Misdemeanors are less severe Crimes that are considered misdemeanors include DUI’s, petty theft, driving with a suspended license, vandalism, prostitution, possession of drugs, not allowing an officer to search or inspect, failure to stop if law enforcement is trying to pull you over, refusing to show your license to a police officer, causing injury with a motor vehicle when driving with a suspended or revoked license, hit and run, driving in the wrong direction, drag racing, throwing an object at another vehicle on a freeway, failing to install a court ordered ignition interlock device within the 30 day grace period, and reckless driving. Misdemeanors typically proceed with an arrest, an arraignment, a pretrial and then a court or jury trial. During the arrest stage you will be taken to jail. The jail will do one of three things, either you will be let out of jail with no charges fil...
Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.
The United States has always had criminals walking around the streets or locked up in an everyday life situation. Crimes are committed everyday by young children, adults, seniors, or any kind of man or woman that may look like a bad influence or others that look like innocent people walking down the streets who have never committed a crime before. Juveniles ages 7-15 should not be sentenced to life without parole for crimes they commit because it would not be fair for them to spend the rest of their lives in jail for committing a mistake. Reasons can be found on why juveniles should be left inside a cell and arguments can build up if people disagree with one another. Some adults commit crimes and are left with freedom after a satisfied amount
Lofaso, Anne Marie. Religion in the Public Schools: A Road Map for Avoiding Lawsuits and Respecting Parents' Legal Rights. . Washington, D.C: Americans United for Separation of Church and State,, 2009. Web. .
Kirk W. Elifson; C. Kirk, H. (n.d). Prayer in Public Schools: When Church and State Collide. The Public Opinion Quarterly, 49(3), Retrieved from EBSCOhost.
This constitutional strain is sufficient warrant for all educators to examine carefully the subject of religion and to examine it in the light of the constitution and of federal, state, and local regulations. To ignore it is a foolhardy action and can lead to very serious consequences for all stakeholders. Due to this conflict, the US Department of Education (DOE) has found it necessary to issue clarifications as to what is and is not permissible. One such clarification was issued in 2003 and entitled Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools (DOE, 2003).
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
The issue of divorce is not only the main problem in the American society of today. The custody issue on who is going to gain the right to take care of the children wholly is also a tough one. For the past decade, divorce and the custody battle have rapidly become a significant life event for perhaps millions of Americans each year. “There were more than two million divorces each year, affecting 3 million adults and more than two million children (Thompson, Parting 18).” Thus we can prognosticate that the American family of today is definitely ill and is in great need of a revival.
A suspect can be convicted of many different crimes, but the crimes that are the most interesting are called inchoate offenses. An inchoate offense is a type of crime done by taking a illegal step to the commission of another crime. The inchoate offenses are attempt, solicitation, and conspiracy ("Inchoate offense | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute", n.d.). Solicitation is one of bottom inchoate offenses, meaning that it does not take much for a suspect to be found guilty of solicitation. Prosecutors must be able to prove two things to be effective in convicting a suspect of solicitation ("Criminal Solicitation Law & Legal Definition", n.d.). The first thing a prosecutor must prove is that a person commands another person to commit a crime. The second thing a prosecutor must prove is that the person who is commanded to commit the crime will actual commit the crime so there will need to be a specific intent ("Criminal Solicitation Law & Legal Definition", n.d.). When being charged with solicitation the other person can be charged with conspiracy. “Conspiracy is a more serious charge than solicitation as well, so if the other person does agree, the individual soliciting the crime will likely be charged with conspiracy rather than solicitation” ("Criminal Solicitation Law & Legal Definition", n.d.).
As stated by Bartol and Bartol “Juvenile delinquency is an imprecise, nebulous, social, clinical, and legal label for a wide variety of law- and norm-violating behavior” (2011, Pg 139). The juvenile delinquency term has come to imply disgrace in today's correctional institution. Our government is up hold to procedures and expected to come with a solution to solving the delinquent problem. An underage offender can be labeled a delinquent for breaking any number of laws, ranging from robbery to running away from home, and especially being involved in school violence. The following situations faced by correction officials when dealing with juvenile delinquents will be examined. Three main areas (child development, punishments, and deterrence tactics) will be briefly analyzed to give adequate explanation of the issue.
Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.