Lereiya Edmonson Martin Holts v. Hobbs (Reaction paper) Holts v. Hobbs it’s not merely about inmates in prisons. In fact this case is about who had been barred from growing their beard for religious reasons while being in prison. The main issue of this case is about Religion. Another issue is whether the Department grooming policy requires petitioner Holt’s shaving his beard violate his religious beliefs, and as a result of did the Department required the government to show that they can get their desire goal without imposing a substantial burden on the exercise of religion freedom. The Arkansas Department’s grooming policy have violated the Religious Land Use and Institutionalized Act (RLUIPA).When RLUIPA was not applied to the court, this has stop the government state or local from imposing a substantial burden on an institutionalized person who wishes to express or exercise their religious …show more content…
The Department believes that to observe “compelling interest” it is clear that a bearded Muslim inmate changing his appearance it definitely a compelling government interest. However, legitimately making this decision one must keep in mind that to be compelling you can’t be under inclusive, because these are broad ordinance and is in fact a least restrictive means. Applying a least restrictive mean is to test the standards are imposed by the courts and the validity of the legislation and based it on constitutional interests. However based on the least restrictive mean you can’t have laws that are over broad, and a shaving half-inch beard is overboard because it is against Holt’s religious beliefs. So a grooming policy requesting him to shave when it is against his religion is a least restrictive mean and you cannot
The Bryan v McPherson case is in reference to the use of a Taser gun. Carl Bryan was stopped by Coronado Police Department Officer McPherson for not wearing his seatbelt. Bryan was irate with himself for not putting it back on after being stopped and cited by the California Highway Patrol for speeding just a short time prior to encountering Officer McPherson. Officer McPherson stated that Mr. Bryan was acting irrational, not listening to verbal commands, and exited his vehicle after being told to stay in his vehicle. “Then, without any warning, Officer McPherson shot Bryan with his ModelX26 Taser gun” (Wu, 2010, p. 365). As a result of being shot with a Taser, he fell to the asphalt face first causing severe damage to his teeth and bruising
I. Facts: 15-year-old delinquent, Gerald Gault and a friend were arrested after being accused of making a lewd phone call to a neighbor. Gerald’s parents were not notified of the situation. After a hearing, the juvenile court judge ordered Gerald to surrender to the State Industrial School until he reached the age of minority (21). Gerald's attorney petitioned for a writ of habeas corpus challenging the state of Arizona for violating the juvenile’s 14th Amendment due process rights. The Superior Court of Arizona and the Arizona State Supreme Court both dismissed the writ affirmatively deciding that the juvenile’s due process rights were not violated.
In the case of Sandin v. Conner, DeMont Conner, an inmate at a maximum security correctional facility in Hawaii, was subjected to a strip search in 1987. During the search he directed angry and foul language at the officer. Conner was charged with high misconduct and sentenced to 30 days of segregation by the adjustment committee. Conner was not allowed to present witnesses in his defense. Conner completed the 30-day segregation sentence, after which he requested a review of his case. Upon review, prison administration found no evidence to support the misconduct claim. The State District Court backed the decision, but the Ninth Circuit Court of Appeals found that Sandin had a liberty interest in remaining free from disciplinary segregation. This case is significant because it confronts the question of which constitutional rights individuals retain when they are incarcerated. In Sandin v. Conner, the Supreme Court ultimately ruled that prisoners have a right to due process only when “atypical and significant deprivation” has occurred. Prisons must now be vigilant in protecting the rights of inmates. It is a delicate matter in the sense that, when an individual enters prison, their rights to liberty are by and large being forfeited. The rights in question are important to prisoners because prisons are closed environments where by nature their freedoms are already very limited. They need a well-defined set of rights so that prisons do not unduly infringe on their liberty. Without court intervention, prison administrators would likely not have allowed this particular right, as it adds another layer of bureaucracy that can be seen as interfering with the efficiency of their job. Also, it could lead to a glut of prisoners claiming violations of their rights under the court ruling.
Roper v. Simmons is a perfect example of the evolving role of the Supreme Court, the sources the Supreme Court used to reach the ruling in this case is quite questionable. While I agree with the Supreme Court about protecting the younger citizens of America the Supreme Court must have the law to back up their ruling. Though in this case they do not the Supreme Court used a combination of foreign policy, moral decency, and state laws as the legal foundation for this decision. None of these things are appropriate sources for deciding what is constitutional and what is not. The sources used for deciding the constitutionality of a case are the constitution and federal statues. While the case can be loosely tied in with the eighth amendment clause of “cruel and unusual punishment” there is no backing for the decision made. The Supreme Court with this case decided that it did not overturn the previous case of Stanford v. Kentucky, which ruled on this same issue fifteen years earlier. Yet the court stated that the prevailing moral code had altered therefore they changed their opinion. The truly shocking issue with this is that the neither law nor constitution had changed regarding this issue in the interceding fifteen years. The grave problem with this case is that the Supreme Court used the case of Roper V. Simmons to create law based of invalid sources.
...ts, detailed explanation, and the First Amendment to show how the policy of the armbands goes against the First Amendment. As for Justice Hugo Black, he uses facts and other case decisions to explain why the policy is permissible under the First Amendment. Yet, Justice Black does not explain, in elaborate detail, the facts included nor a strong reasoning behind why he believes the policy is allowed. While Justice Abe Fortas and Justice Hugo Black did include strong points, Justice Abe Fortas was more convincing with his argument. For Justice Abe, every point connected, and the main points introduced were further developed through the case facts, the District Court’s decision, and other case decisions. There is a fluency that Justice Fortas had, which was not present in Justice Black’s dissenting opinion. Justice Black seemed jumpy, and his organization was confusing.
Petioner Nazari as will be call here in-after, asserts that while in Prison, inmates retain their right to exercise their rel'igious beliefs. Petitioner contends that Bureau of Prisons denies the basic rights of conscience to Rastafarian. Puisuant to Equal Protection Under the Law, requires that all persons similarly situated be treated alike. Within the Bureau of Prisons, religious diets are recognized for Jews, Muslims and so forth. But the Rastafarian Dietary Tenets are challenged at every door.
This case deals with the Defendant's possession of a firearm while under a restraining order, and the charges incurred by the Defendant for such firearm possession. Under Texas law, the possession of a firearm by Mr. Emerson creates a perceivable threat to members of his family, thus creating a violation of the restraining order against him. Apparently common practice in Texas, the restraining order was filed by Mr. Emerson's wife in conjunction with the papers filed for divorce. The restraining order sought to enjoin Emerson from "engaging in various financial transactions to maintain the financial status quo and from making threatening communications or actual attacks upon his wife during the pendency of the divorce proceedings" (United 1). Under Texas law, unbeknownst to Mr. Emerson, the possession of a firearm during the time period of the restraining order constituted a direct violation of the restraining order, and Mr. Emerson was indicted on charges of such violation.
When I first received this topic and did preliminary research, it seemed more of a race issue than a juvenile issue, since it happened during the Civil Rights movement of the 1960s. With further research, I found that it influenced how public colleges and the juvenile justice system handle disciplinary matters. This case was a part of many cases that granted juveniles the right of due process. According to our textbook, due process is a basic constitutional law (found in the 14th amendment) focused on the belief that the individual has primacy and that governmental power should be limited to protect the individual. Due process is supposed to safeguard the individual from unfair state procedures in legal or administrative trails. Because of the case in question, due process rights have been extended to juvenile trials. Another case during this time where due process was in question was the Goldberg v. The Regents of California.
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
Gillett v. Holt The doctrine of proprietary estoppel is an equitable intervention in cases where the enforcement of legal rights is considered by the courts to be unconscionably unfair. The essence of the doctrine arises, as defined by Snell: '[when] one (A) is encouraged to act to his detriment by the representations or encouragement of another (O) so that it would be unconscionable for O to insist on his strict legal rights.' (McGhee, 2000, p.637) In the absence of a written agreement, estoppel acts as an evidentiary tool with which the courts can help ensure fair interaction in property dealings. Proprietary estoppel is a method by which informal arrangements are recognized as being capable of creating proprietary interests.
Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).
In the United States Supreme Court case of Roper v. Simmons of 2005 the Supreme Court ruled in a five to four ruling that the death sentence for minors was considered “cruel and unusual punishment,” as stated by the Eighth Amendment, according to the Oyez Project online database. Christopher Simmons, the plaintiff, was only seventeen at the time of his conviction of murder. With the Roper v Simmons, 2005 Supreme Court ruling against applying the death penalty to minors, this also turned over a previous 1989 ruling of Stanford v. Kentucky that stated the death penalty was permissible for those over the age of sixteen who had committed a capital offense. The Roper v. Simmons is one of those landmark Supreme Court cases that impacted, and changed
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,