Wright v. South Carolina, 563 S. E. 2 d 311 (S.C. 2000) Opinion by : Waller, J. Wright, 6’ foot tall, weighing at 216 lbs, beat and kicked wife Wendy on the evening of February 16, 1999. Her injuries were so severe that two of her ribs were fractured, and her spleen was surgical removed. Wright was taken into custody for “criminal domestic violence of high aggravated nature”. The aggravating factor charge were based off “a difference in the sexes of the victim and the defendant. The defendant inflicted serious body injuries on the victim that caused her to seek serious medical attention. Wright objected the judge’s charges on the aggravating circumstance of “a difference of the sexes”, stating that it violated the Equal Protection clauses.
.... Madison was applied to this decision because the actions committed were unconstitutional. According to the Supreme Court the 8th Amendment was broken because the District Court of Appeal was giving a cruel and unusual punishment to Graham. The 8th amendment claus does not allow a juvenile offender to be sentenced to life in jail without a parole for a non-homicidal crime. Therefore Terrance could not fall through with this punishment.
According to the Justice Kagan, in the case of Florida vs. Harris, “we considered how a court should determine if the “alert” of drug-detention during a traffic stop provides probable cause to search a vehicle” (Kagan).
Her little boy wasn't expected to make it through the night, the voice on the line said (“Determined to be heard”). Joshua Deshaney had been hospitalized in a life threatening coma after being brutally beat up by his father, Randy Deshaney. Randy had a history of abuse to his son prior to this event and had been working with the Department of Social Services to keep custody over his son. The court case was filed by Joshua's mother, Melody Deshaney, who was suing the DSS employees on behalf of failing to protect her son from his father. To understand the Deshaney v. Winnebago County Court case and the Supreme courts ruling, it's important to analyze the background, the court's decision, and how this case has impacted our society.
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
The question raised in the Hawthorne v. State amicus was related to the expert testimony of Dr. Lenore E. Walker, a Clinical Psychologist with extensive involvement in the study and research of “battered woman syndrome.” Amicus indicated Dr. Walker’s testimony would provide the Trier of facts with expert opinion on a battered woman’s belief that resorting to the use of deadly force against her husband was required, if the woman had perceived imminent death or bodily hard to herself and/or her children. Dr. Walker would clarify battered woman’s syndrome to the jury including clarifying all the relevant stages, cycles of violence, symptoms and reasons why women choose to stay with the abuser.
Vbansal. “The Effects of Dred Scott V. Sanford.” Associated Content. 06 August 2007. 26 May 2010.
Hernandez v. New York, 500 U.S. 352; 111 S. Ct. 1859, 114 L.Ed.2d 395 (1991).
Problem: David H. Lucas purchased two beach front lots on Isle of Palms in Charleston
Whren et al. v. U.S. , 517 U.S. 806 (U.S. Supreme Court June 10, 1996).
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Parise, A. S. (1991). Maryland v. Craig: Ignoring the Letter and Purpose of the Confrontation Clause. Brigham Young University Law Review , 1093-2007.
Sheppard v. Maxwell - 1966. (n.d.). Justia US Supreme Court Center. Retrieved April 7, 2014, from http://supreme.justia.com/cases/federal/us/384/333/
Meyer v. State of Nebraska. 262 U.S. 390, 399, 43 Sct. 625, 626, 67 L.Ed. 1042. (1923)
Stevens J, Opinion of the Court, Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) [1]
United States of America. U.S. Supreme Court. Legal Information Institute. Cornell University Law School, 1 Apr. 2003. 13 Nov. 2013