What are the steps to due process? What significance are the court cases Goss v. Lopez and Dixon v. Alabama in maintaining a well-ordered school? The steps to due process, is that before a student can be suspended from school because of a wrongdoing; they must be given the right to an informal hearing that discusses the accusations and evidence against them which resulted in a disciplinary suspension. Moreover, if a student is facing expulsion the student is entitled to a formal hearing before a neutral body, and the student may have a lawyer and who can cross examine witnesses. Furthermore, students facing these disciplinary actions have a right to remain silent, and do not have to answer any questions without an attorney. In Goss v. Lopez, a student sued because an Ohio law allowed a school principal to suspend a student for 10 days or more with only a simple 24-hour notice to parents. The court ruled that this was a violation of a student’s 14th amendment due process clause rights because students were not given a due process hearing. In Dixon v. Alabama, a federal appellate court affirmed same standard in higher education by maintaining that a public college or university cannot expel a student without a hearing. These cases and due process standards allow for a protection of students within the school, and ensure that student’s constitutional rights do not stop at the schoolhouse gates. Moreover, these cases ensure that administrators are running schools in a manner that is fair and consistent, and not arbitrarily disciplining students without due process. I think they provide for an efficient school because students will understand what they are being disciplined for, and have the ability to engage in a defense of the... ... middle of paper ... ...elated subjects and teach law related topics to students. The SRO will bring expertise into the schools that will help students make more positive choices in their lives, and results in students learning and understanding what a professional police officer does. SRO’s primary responsibility is handling calls for service from the school and coordinating the response of other police resources. Additionally they should address crime and disorder problems, gangs, and drug activities occurring in or around the school, and make arrests and issue citations on campus. Furthermore, they should provide leads and information to the appropriate police investigative units, and take actions against unauthorized persons on school property. Finally, they can serve as hall monitors, truancy enforcers, crossing guards, and operators of metal detectors and other security devices.
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
(1) Based on case law from Kent v. United States, 383 U.S. 541, the Supreme Court held that the essentials of due process must be followed. The first holding given by the Supreme Court involved the indirect issue of due process. The Supreme Court held that in juvenile court proceedings the juvenile must be treated fairly and be given the essentials of due process.
Board of Education (1954). In the Constitution it?s found in the 14th Amendment, Equal Protection Clause, which prohibits any state from denying equal rights to any person and equal protection of the laws. In a 5-4 decision, delivered by Justice Sandra Day O?Conner they argued that under Title IX Jackson had the right to pursue his case in court (Chicago-Kent College of Law, 2015c). The majority was lead to believe and ruled that it was intentional retaliation of the Birmingham Board of Education to fire Jackson from his position in the school (Mahon, 2015). Concurring opinion was stated by O?Connor and the dissenting opinions were stated by Thomas (Jackson v. Birmingham Board of Education,
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
When political anarchy, social injustices, and crime end up leading to civil depravities that go against the foundation of democracy, society depends on the police to come in and keep the peace, while attempting to restore the order. These officers are asked to pursue criminals in vehicles, and on foot, repeatedly expose themselves to the dangers of the crimes, and remain calm while being under pressure at all moments on the job, and even off duty. Being an officer of the law takes a special person
The case specifics involve a student who made a provocative speech to the school body and received a three-day suspension. The schools yet again where given the right to violate his first amendment rights by not letting him give the speech which is not justifiable because the first amendment is supposed to give him all the rights that would allow him to make that speech. One huge case that involves vast majority of most students is the case named Board of Education of Independent School District #92 of Pottawatomie County v. Earls 2002.
The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of p...
The topic in the case of Goss v. Lopez is in regards to the amount of due processing required to students in the case of suspensions. This relates to the rights guaranteed through the 14th amendment of the United States Constitution. The topic here focuses on the question of whether or not the right of due process could apply to education in the public school setting at the time of the case in 1974. Therefore, did the principal deny the students their rights by not allowing due process to occur before the suspensions were given?
Through using case laws, the First Amendment, and previous cases, Justice Abe Fortas explains the reasoning behind why the principal was not permissible. In the first two paragraphs, Fortas provides a brief summary stating how the policy banning armbands go against the First Amendment. In the following paragraph, Fortas says, “Only a few of the 18,00 students in the school system wore the black armbands.” When introducing his first argument, he supports this fact explaining how “the work of the schools or any class was [not] disrupted.” As for the fourth paragraph, Justice Fortas provides a counter argument with what the District Court said. The District Court concluded the school authorities were reasonable since it was based upon their fear o...
Schools inevitably must deal with disciplinary action when it comes to misconduct in students. However, at what point should the courts and law enforcement intervene? “Zero tolerance” policies started as a trend in the school setting during the 1990s in “response to the widespread perception that juvenile violence was increasing and school officials needed to take desperate measures to address the problem” (Aull 2012:182-183). However, national statistics indicated a decrease in juvenile’s share of crime during the influx of zero tolerance policies in schools (National Crime Justice Reference Service 2005).
Within the criminal justice system police officers carry a significant role. Their daily duties include a variety of challenging tasks such as paperwork, highway patrol, interviews, and emergency response. These officers typically work full time (day and nights shifts) long hours, and overtime. Police officers have a significant amount of responsibility to the community. They are expected to maintain law and order by preventing crime, protecting the community, and decrease the fear of crime. The difficult tasks, long hours and pressure police officers undergo make their jobs very taxing on their psychological and psychical conditions for them and their families.
Times have changed; crime has evolved into a multifaceted issue with deep seeded roots. Today, law enforcement officers have additional responsibilities with greater expectations. It is no longer just about bravery, but about the ability to make complex, legal decisions in the midst of danger and chaos. Officers are now required to complete many hours of training regarding detention, arrest, search and seizure, emergency vehicle operations and defensive tactics. Officers are trained to investigate incidents involving domestic violence, sex offenses and crimes against children.
The Fourth Amendment essentially stands for the proposition that all United States citizens are protected from the unlawful search of their persons and property. However, the Fourth Amendment had not applied to public schools due to the fact school officials were governed by the doctrine of in loco parentis. This doctrine is predicated on the idea the educators should be viewed as substituting the place of the parents while the students’ are in the school setting. Following the rationale of this doctrine, educators shared the same rights and responsibilities that a student’s parents po...
Police officers are an important part of our society and our criminal justice system today. Police officers have a very complex job, they are held to a higher extent by societies, who expect police officers to be able to solve every problem, and they are limited in what they can do due to the expectations set by their administration. Police officers have various roles that they are expected to maintain. According to the police mission and mandate, a police officer must be able to reduce crime and maintain order, reduce the fear of crime, solve neighborhood problems and improve the overall quality of life, and develop a better relationship with the community. I feel the most important roles of an officer are to reduce the fear of crime and be