by this democratic-republican government - the ballot. For any state to make sex a qualification that must ever result in the disfranchisement of one entire half of the people, is to pass a bill of attainder, or, an ex post facto law, and is therefore a violation of the supreme law of the land. By it the blessings of liberty are forever withheld from women and their female posterity. To them this government has no just powers derived from the consent of the governed. To them this government is
first to get equal opportunity, and if slave trade is outlawed it gives other slaves hope for freedom and more motivation. They should not be forced to return runaway slaves because once they are in the north they are free, it would be against the law to force a free man to do anything, and once they are in the north they no longer have a owner they need to return to. 2. The federal
MEGAN’S LAW PROTECT THE CHILDREN OR THE PEDOPHILES Megan Kanka was an innocent little girl, someone’s daughter, sister, and best friend. The defendant, Jesse Timmendequas, changed all of that. He changed it brutally, savagely, and permanently. In a few moments of unspeakable horror, the defendant destroyed all of Megan’s dreams, all of that joy, all that hope, all that promise. In those few moments, he destroyed Megan Kanka’s life. She would never live to see her wedding day, never have children
Title and Citation: Kansas v. Hendricks, 521 U.S. 346 (1997) Type of Action: Participation in treatment and civil commitment Facts of Case: Mr. Hendricks suffers from a disorder called pedophilia, which is a psychosexual disorder in which an adult has sexual fantasies about or engages in sexual acts with a prepubescent child of the same or opposite sex. During trial, Mr. Hendricks admitted to having this disorder but he was never treated for a cure. As a result, he continued to have desires for children
criteria for commitment. It was also found that the States have not required no specific term when identifying terms of medical nature that require civil commitments. The Act also did not violate Hendrick’s rights against double jeopardy or ex post facto laws. He believed that he was being newly punished for his past actions in which he has already been convicted. Hendrick failed to show proof that the Act was an extension of sentence and punitive. Initially the Act is placed in placed within Kansas
works under princible called federalisim. Citizens regualte by two separate governments, federal and state. The federal government has limited power over all fifty states. State has power over their state, and no state can not make laws that conflict with federal laws. Federalisim is a system that allows two or more governments to share control over the same geographic region. The power is divided. The difference between federal and state governments power, the powers granted to the U.S. government
Deep- Seated Prejudice According to some criminal justice experts, many feel that the laws surrounded around sex offenses come from a place of prejudice against criminals especially sex offenders. This comes from the belief that the harsh penalties that are set on them. One researcher by the name of Joseph Kennedy investigated crimes that are considered monstrous such as sex offenders and concluded that the desire to punish offenders such as sex offenders is a direct result of changes in the United
A Sex Offender is a person who commits a crime involving a sexual act.The first sexual psychopath laws were passed in the 1930s.These statutes were also referred to as sexually dangerous persons acts, and mentally disordered sex offenders acts. These laws were popular but they were also criticized. There were doubts of the capability of rehabilitating sexual psychopaths. There are many different types of sex offender the first one is a Repressed offender and with this type of molester has low self-esteem
1. What is the definition of an "ex post facto" law and why are they unfair? Ex post facto is a law that retroactively changes the lawful results of activities that were conferred, or connections that existed, before the authorization of the law. It is out of line since it might criminalize activities that were lawful when perpetrated; it might exasperate a wrongdoing by bringing it into a more extreme class than it was in when it was carried out; it might change the discipline recommended for a
Radical Republicans started to oppose President Lincoln through laws that were firm against the Southerners both the confederates and the populace. The first radical approach employed by the Radical Republicans was the Iron Clad Oath which was later opposed by Abraham Lincoln and declared unconstitutional by the United States Supreme Court as it went against the ex post facto laws and bills of attainder (Finkelman, 2000). Iron Clad Oath required all voters to swear or affirm
The Enlightenment was a major turning point in history. Multiple ideas that were established during the Enlightenment were eventually utilized in many government systems. Although some people known as “Enlightened Despots” did not accept the ideas developed by people such as John Locke, Baron de Montesquieu, and Jean-Jacques Rousseau. Ultimately, the Enlightenment ideas showed that they were more powerful and were more significant than the power of the army. There are numerous ideas established
In the 1800’s, it was illegal for women to vote. One citizen in particular, Susan B. Anthony, found that completely unjust, and cast a vote at the 1872 presidential election. Later that year, she was found guilty of committing a crime. Due to this, Anthony spoke out to the public to prove her that what she did was no crime at all. Susan B. Anthony’s speech “On Women’s Right to Vote” grabs her audience’s focus with the use of references, parallelism, and logic, making it a remarkable speech. Anthony
In the speeches The Perils of Indifference by Elie Wiesel and On Women’s Right to Vote by Susan B. Anthony, there is a common theme. Rights, whether human or civil, justifiably belong to every person. All people, regardless of race, gender, or ethnicity, should be afforded the same human rights. The Perils of Indifference details the feelings of Holocaust victims. Elie Wiesel describes abandonment and indifference. In the quote, “Rooted in our tradition, some of us felt that to be abandoned by
meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice
(Justia US Law website, n.d.) This means that involuntarily committed patients do have the right to refuse psychiatric treatment as long as they do not pose a danger to themselves or others as determined by a medical provider using professional judgement. (Wortzel
Such type of shock is reasonably foreseeable and the case law which applies to it is Alcock v Chief Constable of South Yorkshire. According to the test of reasonable foreseeability it is found that whether the hypothetical reasonable man in the position of the defendant, viewing the position ex post facto, would say that the shock-induced psychiatric illness was reasonably foreseeable. Magda was present in the scenario at the time
the Criminal Law book talks about the Purpose, Scope and its Sources of Criminal Law. It is like an introduction as to what one should know pertaining to general criminal law. It shows what the three branches of law which are: judicial, legislative and executive, and what they do as pertaining to the law. It tells us the difference between Substantive Criminal Law, Moral Law, and Criminal Law. The difference between the two is that Substantive Criminal Law is that is, “Substantive Law defines the
In this chapter, it goes over many different types of law such as civil law, administrative law, case law, criminal law, etc. I am going to focus on the essence of the concept of crime within the variations of law. Although many focus on the main three principles of crime which are the criminal act, mental state and a combination of both, there are five others that have equal importance. Those five are labeled as causation, resulting harm, principles of legality, principles of punishment, and necessary
basically the supreme law of the United States. The Constitution was written to organize a strong national government for the American states. Before the Constitution, the nation's leaders had established a national government under the Articles of Confederation. The Articles gave independence to each state; the states lacked authority, the ability to work together, and to solve national problems. The U.S. Constitution established America's national government and fundamental laws, and guaranteed certain
Megan’s Law: Protection or Invasion of Privacy The controversy over Megan’s Law has always been about the invasion of privacy of past sex offenders who must register with local authorities who make the information available to the public. There are different mediums of which the information is disclosed, the internet being a hot topic of the on-going argument. Megan’s Law was placed with the intentions of protecting communities from convicted sex offenders committing more crimes. In 1994, seven