State Of New York V. Jorgensen Case Brief

Additionally, she and the victim were both outside when the accident occurred, as opposed to the mother in Krysmalski. R9. Mazzagatti v. Everingham by Everingham provides Ms. Nordlund with the strongest

Gottwald vs. Sebert was a court case that has to deal with the breaking of a contract. The defendant, Kesha Rose Sebert, is a songwriter as well as a recording artist. The plaintiff, Lukasz Sebastian Gottwald, is a music producer who was suing Sebert and her mother for breach of contract and defamation. The initial contract, which began in 2005, between Sebert and Gottwald stated that Sebert had to provide six albums for Kemosabe/Kasz Money, Inc., a music label. Sebert’s mother, however, felt that the two of them were not being paid fairly.

This case involves the wrongful death of Bianca Barnes age 10 years old at a skating rink. On December 25, 2000 Bianca Barnes took a bus from her home in Ruleville to the Spotlite Skating Rink in Greenwood. Shortly after arriving at the rink Bianca fell once, hit her head and began to cry. After she stopped crying she decided to ride the bus back home and because her mom was at work she went to a neighbor’s home. Bianca’s mother didn't learn about the fall until the next day after the incident occurred, at the time Bianca became unconscious and was taken to the local hospital.

Bennett decided to leave her daughter alone and unattended so that she could visit her fiancé in San Francisco. When Bennett had come home, she found her daughter dead due to dehydration. When asked what had happened, she first told police that she left her daughter with a babysitter. Later, she made a statement, admitting that she left her infant daughter alone and knew she would die in a few days. Through evidence and witness statements, I was able to conclude that the defendant, Mary Bennett, is guilty of second-degree murder of her six-month old, infant

The Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973), involved Gerald Scarpelli who was on probation in Wisconsin for armed robbery, but was found in violation of the conditions set for his probation, when he was charged with burglary in Illinois. Scarpelli had been originally convicted in July, 1965 after he was arrested for the armed robbery, whereas he had plead guilty to the crime. However, he was fortunate that he did not have to serve the fifteen years he was sentenced to, due to the Judge suspending his time and instead placing him on seven years of probation. Per standard practice for probation, the judge placed requirements and restrictions that were to be followed, in order for him to remain on probation and

In order to make its case, the prosecution relied on erroneous forensic science and flawed expert witness testimony. In 1982 the initial trial, based almost exclusively on expert witness testimony, resulted in the baby’s mother, Lindy Chamberlain, being convicted of murder while the father, Michael Chamberlain, was found guilty

In a similar case of negligence it was determined that the person failed to keep another person unharmed and purposefully harmed them by doing something they shouldn't have. One law states that "It is illegal for anyone under the age of 21 to drink alcohol unless it is given by a parent or guardian and consumed in the home of the parent or guardian."(page:23). Since this Consumption law was broken, and Jessica Nordeen drank outside of her own home without her parent or guardians permission, she not only caused her own son to have permanent conditions he can't control but, she broke a law and possibly many others at the time. Case Law #4 states that "Whether a person has a responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen."(page:26).

It is clear that Massachusetts’s child protection laws, as written in Part 1 Title 17 chapter 119, have a primary aim of establishing rules, which best protect the children of the commonwealth against harm that they may encounter under the supervision of their parents or legal guardians. These laws influence the enforced policies in government organizations, such as the Department of Children and Families (DCF). These policies in turn have the potential to negatively affect respective children and families within a society. This potential harm calls for a change in policy and law. This paper will address and analyze key issues in DCF policy, as made apparent through the 2014 Justina Pelletier case, and how they stem from inconsistencies between

Numerous attempts have been made to define the term fetus. Scholars have attempted to use both biological and psychological aspects, some have gone further to outline characteristics and conditions that define a fetus (Garrett et al., 2011). Others have tied the developmental aspects related to viability, birth and conception. The United States Supreme Court definition provides an alternate decision. The case of Planned Parenthood vs. Casey and Roe vs. Wade best defines a fetus in terms of viability (Nocon, 2010).

I think this case went beyond the cultural aspect. Also, the child, regardless of their culture, the child is protected by law since they’re in the US and they have the rights to live. In this situation we don’t have much evidence as if the child also practice this cultural behavior, but even if they do, they certainly didn’t die out of their own will. I believed that if the death was not commit out of one’s willingness then that is consider a murder. Additionally, the Declaration of Human Rights, even though it’s an American culture and value, some of the ideas in the Human Rights Constitution are general philosophy that applied to many circumstances, including the child that the mother killed, so the two mothers should be sentenced under

There are three sides to a story. The viewpoint of person one, the point of view of person two, and the truth. The point of view of a person in the situation is tarnished by their perspective, personal opinion, and moral compass. These aspects make their view biased. The truth is not affected by any of theses things and it is objective and unbiased.

The Marbury vs Madison case was a landmark Supreme Court case that formed the basis of judicial review. William Marbury had been anointed justice of peace by John Adams at the end of his term as President. James Madison believed that he should not have been appointed justice of peace. Following this, Madison did not deliver Marbury’s commission which resulted in the Marbury vs Madison case. As acting Chief Justice John Marshall told Madison that what he had done was illegal, but since Marbury’s petition was out of jurisdiction Madison claimed it unconstitutional so the court could not order Madison to return the papers.

● According to RRA’s argument, the new statute does not have an exception to allow abortions in cases of rape or incest after the point of fetus viability. But under Casey, a state may prohibit abortion after viability even if the pregnancy was the result of rape and before viability, a state may not place a “substantial obstacle” (impose an undue burden) on obtaining abortion. It is true that the new statute violates the U.S Constitution, by not allowing abortions after the fetus viability. The U.S Supreme Court held that, even after the fetus viability, the states cannot prohibit abortions, necessary to preserve the health or life of the woman. The chances of winning the argument are low for RRA in this point because the U.S constitution has not provided specific requirements in cases of rape, but it is mainly concerned with the maternal health.

at the end of first trial , Terrell Talley’s son from a previous relationship was brought in as a surprise witness. The little boy testified he’d seen a ‘neighbourhood boy’ put the baby into the microwave, and he himself had taken baby Paris out of the microwave. Talley’s son was 5 years old at the time of the murder. This stunning testimony led to a mistrial because

“After eighteen hours of being burned in my mother’s womb, I was born in an abortion clinic in Los Angeles, California on April the 6, 1977” (Jessen 1) this is how Gianna came into this world she was “born alive during saline abortion.” “Doctors did not expect me to live but I did” ( Jessen 1) she survived even though no one wanted her. Many people don’t know, but sometimes babies can live through abortions, and this is one of these stories. Gianna’s Jessen mother tried to abort her when she was seven months pregnant,but then survived after being burned and suffocated in her mother's womb for eighteen hours. There should be laws against abortion because unborn babies are living, should have more rights, and only a small number of babies are aborted because of rape.