The cases of The Town of Castle Rock v. Jessica Gonzales and Jessica Lenahan (Gonzales) v. United States of America were the result of a tragedy that could have easily been prevented. These cases bring into question: when is discretion appropriate, what is property, what rights are we guaranteed, and what can we do about it? Simon and Jessica Gonzales were married in 1990. Ms. Gonzales alleges that her husband became abusive toward her and her three daughters, Leslie, Katheryn and Rebecca, around 1996. In May of 1999, Mr. Gonzales attempted to commit suicide, and shortly after Ms. Gonzales filed for divorce and was granted sole custody. She was able to obtain a restraining order against her husband that would protect her and her daughters. …show more content…
Jessica Gonzales, Jessica Gonzales claimed that the town of Castle Rock and its officers “knowingly failed to perform their duties to [respondent] and the three children to protect them from, arrest or restrain Simon Gonzales, and such failure constituted a denial of the due process rights of [respondent] and the three children” (Clement, Keisler, Elwood, Singer, & Scher, 11). In an interview for 60 Minutes, Castle Rock Police Chief Tony Lane explained that domestic disputes are often difficult to sort out. “What safer place can children be than with one of the parents, the mother or the father? And we had no indication from past records that he was ever violent with these children, or even his wife, physically. Nobody dropped the ball,” Lane said. “You give me a crystal ball, and you tell me that this was gonna happen ahead of time, and we would have certainly taken action on it. We certainly had no indication that Simon was going to kill these kids” (Leung, 2005). Lane stated that his officers acted appropriately on the information that was available to them at the time. They claim they did not know about previous incidents, such as Mr. Gonzales being ticketed for road rage or trespassing in their police department. Since then, the computer systems have been upgraded so the information can be compiled and is more readily available (Leung,
Money has been used for a long time. It is present in daily actions such as buying or selling products, paying or receiving for services and it is also used to store of value. In the past money was not so efficient because private banks were allowed to print their own money, in consequence was hard to know the real value of the money and if the bank had gold or silver to support the money they were printing. As a result inflation was caused, in addition to inflation the national debt was very high in consequence of War of 1812. Americans saw a need for change.
Josh Powell was the father of 2 boys Brayden 5, & Charles 7 who( two years prior to this arson/homicide) resided in Salt Lake City Utah, quickly moved his sons to Graham Washington with his father Steven Powell soon after the disappearance of his wife Susan Powell, mother of the two boys. On September 23, 2011 Steven Powell was arrested for child pornography, & voyeurism; after a search warrant was conducted in his home. Videos & images were captured of the neighbor’s children in the bathroom, & also secret video tapings of Susan Powell. The two boys were placed with their grandparents (parents of their mother) due to being in an unsafe environment & soon after this event, Josh became the main suspect in the disappearance of his wife being
R/s Luis was crying and upset this morning and stated that his mommy was hurt. R/s reportedly on 09/01/16, Filomena (mom) and Fernando (dad) got into fight. R/s Filomena tried to leave and Fernando pushed her and she hit the door. R/s Fernando was arrested and charged with criminal domestic violence.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Modern American society advocates for equality among all people, but these are just all talk and no true action taken upon word. Reporter Robert Barnes addresses this in his op-ed article titled “Supreme Court won’t check Maryland’s law banning sales of ‘assault weapons’”. By utilizing rhetorical strategies, Barnes conveys his message that even as we fight for equality, the dream will never occur with the prideful existence of class in the federal government. He appeals to the ethos-centered feeling in his audience, stating, “That court went further than other appellate courts that have reviewed similar laws [...]” (Barnes 5). His compromise between the central court and the state courts reflect the inferred views of the Supreme Court, that
Article Presentation Kathleen Harris and Alison Crawford (2015) wrote article in relation to, Robin Camp, a federal Canadian court judge, who was adjudicating a sexual assault case involving a 19-year-old women in Calgary, AB in 2014. During the victim’s testimony, Judge Camp asked the 19-year-old women “why she could not just keep her knees together” and “why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you” (Crawford & Harris, 2015). These statements spark issues with the public and our judicial system. Due to this statement, Judge Camp has received many complaints, as well as, under review for his behaviour from the council.
Overview of Clements v. State The case of Clements v. State is an example of how the legal framework of stalking laws in Texas should be interpreted and the effectiveness of this law to ensure justice for the victims. The case depicts how the law should operate despite certain vagueness in aspects of the First Amendment. The decision of the Court of Appeals for the First District of Texas to uphold the conviction while disagreeing with some conclusions arrived at by the trial court proves that stalkers will not be allowed to slide through cracks in the legal system. The case, based on a sequence of events where the complainant, Jennifer Clements, was subject to psychological trauma accompanied by an imminent physical threat to her from Nathan Clement, her estranged husband, is a forthright condition of stalking which complies with the Statues of
R/s it was reported that Adam threatened to kill Tracy if she told what happened. R/s it is a possibility that Dakota had sexually assaulted a neighbor’s child and other children in the neighborhood. R/s reportedly Adam’s brother was convicted and is in prison for molesting Adam’s sons. R/s yesterday Tracy came to her house asking for help and to call 911 because
Annotated Bibliography Bower, Alicia. " Constitutionally Crowded: Brown v. Plata and How the Supreme Court Pushed Back to Keep Prison Reform Litigation Alive." Loyola of Los Angeles Law Review 45.2 (2012): 555-67. Academic Search Complete. Web.
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
Liberty The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. -Opinion of the Court, Ex Parte Milligan, 71 US 2 (1866) Authors who argue in favor of liberty over the security argument make compelling appeals to the values expressed in the Constitution. These authors conclude, even in times of war and crisis, that it is important for the Court to act to protect these values when the Executive branch begins to accumulate greater powers in times of conflict. Philip Heymann articulates this argument eloquently, examining the changes in the wake of 2001 and warning citizens about what may happen
Eminent Domain Must Be Abolished in the United States Everyone has had some time in their life when something was wrongfully stolen, like a toy, watch, or a piece of clothing. Now imagine the feeling of losing one’s own house. It is very frustrating to have something valuable stolen, but it would be enraging to have one’s trust abused as well. For years, the United States Government has used a practice known as Eminent Domain. Eminent Domain is the Legal practice in which the United States federal government influences its right to seize private property and civil assets.
REASONING BY ANALOGY AND INCREMENTALISM Reasoning by analogy is a pervasive feature of common-law cases. Every volume of reports contains countless examples. This is not at all surprising. Analogy is an honorable, typical device of common sense reasoning, and many legal systems assign to analogy a formal place in their jurisprudence.
Ronald Dworkin: Taking Rights Seriously Ronald Dworkin, a philosopher, jurist, and a scholar of the United States Constitutional Law was most known for his theory of law and his input on how the law should deal with controversial issues. To many he is believed to be the most important legal philosopher of our time. His beliefs are that people that believe there are moral rights, in the strong sense, should believe that their government should bear with breaking in cases that clash with rights. A strong sense is claims and rights, while a weak sense is privileges and liberties. In the beginning of Taking Rights Seriously, Dworkin enforces that his main idea is to interpret and defend a liberal theory of law based on individual rights.
Due process is one of the basic legal concepts, which ensures a fair treatment and guarantees all the human and civil rights of a person. According to the Fifth and Fourteenth Amendments to the Constitution of the US, a government cannot neglect one’s rights and freedoms unless it is acting in accordance with the rule of law. Nonetheless, despite its virtuous purpose and moral basis, the concept of due process is considered to have a number of limitations and controversies, and Devika Hovell in the article “Due Process in the United Nations” attempts to analyze and estimate three major models of it. To begin with, the author admits that quite often the power of due process is abused in order to justify those crimes that should have been brought