The wife’s incompetency to make any decisions deems her unable to provide consent to sexual intercourse. Being a competent human being includes the ability to understand, appreciate and rationally manipulate information, as well as the ability to express a choice (Fischer, 2009, p. 24). The wife does not possess any of the traits associated with competency. Therefore, she is not competent enough to make the decision to consent to sexual intercourse. Not only is she unable to verbaliz...
The legal system in the United States doesn’t have a lot of gray areas when it comes to murder cases, usually someone’s going to jail at the end of the day. However there are certain cases involving children where the law needs to be viewed with exceptions. Sometimes the laws need to bring new ideas and concepts into consideration that weren’t thought of when the laws were originally written. For instance in most cases when an adult kills another adult, the adult who killed the other person will be convicted and sent to prison. But in the cases of when a young child kills another person the law cannot be too quick to convict them due to many discoveries in the field of childhood development. A young child ages 2-6 is still developing biologically,
Ms. Patrice is a result of a full term pregnancy and was given birth to at home. Her father and mother were married. The father was a farm hand and the mother a house wife, both had low IQ, were alcoholic and the father was abusive. Parent had been to jail. She has seven siblings and has a close relationship with one sister who lives in Hazleton Indiana which she will like to visit. She does not want to ever go home because her father had raped her and has given her to another man to rape and the father took money from the man and used in buying alcohol. However records indicated her parent are death. The where about of most of her siblings is not
...r the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty one. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
This case comes down to: Does the written living will or the proxy named in the living will have the louder voice in end-of-life care discussions? In this case, the voice of the proxy won. In the best cases, such decisions should be made together at the time of the creation of the living will with both the patient and the proxy. If this occurred, the son would be more on the same page with the concerns for his mother’s end of life care. Another way of solving the issue of the possibility of the woman’s life changing over the past seven years, would be having a way for the woman to acknowledge that thoughts are still the same by updating/resigning the living will
The first power of appointment mentioned in the Will is in the second paragraph. In this case, Roosevelt (power holder/donee) is directing that the $60,000 trust fund, which he received from his father (creator or donor), be given to his children in equal amounts. It can not be determined if Roosevelt exercised a general power of appointment or a limited power of appointment because the language of his father’s will is unknown, and thus there is no way to determine whether or not Roosevelt had any restrictions on the enjoyment of the money contained in the fund.
In order to keep the court from being involved, the parent would have to agree to voluntary placement of the children with a relative (child welfare information gateway, 2016). These situations occur when child welfare finds signs of neglect or abuse that’s not severe enough for the state to take custody or the parent needs to receive some sort of treatment (imafoster.com, 2014). The children often remain in the care of the relative until the parents complete their treatment plans and satisfies the court so that the children can be returned to them. If the parent fails to complete their treatment plans, the kinship caregiver has the option to take permanent managing conservatorship of the children. The caregiver is given the option to take foster care classes in order to receive financial compensation for the children in their care. The state typically provides some form of financial compensation when the children are initially placed and CPS assists with clothing and gifts for the children while they are under their care. Legal and medical decisions regarding the children are left to the caregiver with oversight from the placing
Many people have heard or read about the situations of child celebrities such as Jenna Malone, Drew Barrymore, Christina Ricci, Michelle Williams and Macauley Culkin or child athletes like Dominique Moceanu, but few have heard of a more compelling situation as that of Aaron Kipnis. This young man was brutally beaten by his stepfather at the age of eleven. Instead of punishing his stepfather, the state of California made the eleven year old a ward of the state. Being a ward, in the states juvenile system, was a horrific experience. For the next five years, Kipnis began a cycle of running away, getting caught, and living in temporary housing. It was not until he was sixteen that a parole officer recommended he pursue legal emancipation. His freedom was finally granted at seventeen (Rupp 1&2).
is dependent on the mother for nine months does not give anyone the right to end