The following is a summary of Kansas v. Hendricks, 521 U.S. 346 (1997), including information pertaining to the facts of Hendrick’s criminal history, the procedural history of the cases leading up to the Supreme Court decision, the issues surrounding the Supreme Court decision, and the precedent that has been set for future similar cases. Leroy Hendricks, the subject of this legal matter, is an individual who has exhibited a pattern of inappropriate sexual behaviors throughout his lifetime. Hendricks claims that his sexual misconduct first began in 1950 when he was twenty years old and he exposed himself to two females; shortly after in 1957 he received a criminal charge for indecent exposure, for exposing himself to another female victim. …show more content…
Following his 1972 release, Hendricks participated in treatment for a short time, but eventually quit. After quitting treatment, he molested his stepdaughter and stepson, which led to his 1984 incarceration. Hendricks later acknowledged that his actions were harmful to children, but asserted that he is unable to control his urges. Hendricks’ release for his 1984 conviction was slated for September 11, 1994, due to the nature of Hendricks’ past, the district attorney sought to have Hendricks’ civilly committed. The prospect of civil commitment is the crux of Kansas v. Hendricks, 521 U.S. 346 (1997). The same year Hendricks was facing release Kansas enacted legislation to address the civil commitment of individuals known to be sexual predators. The result was the Sexually Violent Predator Act, Kan. Stat. Ann. § 59-29a01 et seq. (1994), known as K.S.A. 59-2901 et seq. (the Act). The civil commitment process is a civil legal process that is separate from criminal proceedings, and occurs after an individual has served a sentence for a criminal …show more content…
During Hendricks’ civil commitment trial Dr. Befort, the State’s psychologist, testified that despite the fact Hendricks was a diagnosed pedophile he was not mentally ill and he did not have a personality disorder. According to the Supreme Court of Kansas there must be “clear and convincing evidence that the individual is both mentally ill and dangerous (In re Care and Treatment of Hendricks)” before being
Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
The case involved an individual by the name of Danny Escobedo, who was arrested on January 19, 1960, for the murder of his brother-in-law. Escobedo was arrested without a warrant and interrogated; he did not make any statement to the police and was released after contacting his lawyer. On January 30, Benedict DiGerlando, told the police about Escobedo’s involvement in the crime that Escobedo “had fired the fatal shots” (Escobedo v. Illinois- Supreme Court Cases: The Dynamic Court, 1999, pg.2). He was later arrested a second time and taken to the police headquarters. Soon enough Escobedo requested to have “advice from my lawyer”
As with the previous trial, the “intent of purpose” comes into effect here. Each person had a slightly different role in acquiring their case, but it still falls under the same offense. They were both charged with sexual assault of a minor, and received due punishment. In conclusion, my experience of
Justice Charles Lawrence of Illinois Supreme Court made an appalling statement in the case Bradwell v. Illinois back in 1873. "God designed the sexes to occupy different spheres of action, and that it belonged to men to make, apply, and execute the laws, was regarded as an almost axiomatic truth," Lawrence said (Lupton). At that time, other justices also had the same thought; as a result, Bradwell could not be allowed to be an attorney only because she was a married woman. However, in 1981, according to "Sandra Day O'Connor," O'Connor became the first women to be on the United States Supreme Court in 191 years of history of the court. Her becoming a justice in the court gave other women to have a chance to proceed in male-dominant fields, and
The Kansas-Nebraska act is the fairest written law ever created. The state should have the right to slavery as was the rest of the country. Slaves were well-fed, they created exceptionally wealth and most families owned only 2 to 4 slaves. First off, slaves were well fed. This can be seen on page 212 of the "new perspective on slavery" packet.
Rock v. Arkansas was a case, which took place in 1983. The defendant, Vickie Lorene Rock, was charged with manslaughter. She was convicted of killing her husband in July 1983. The defendant was unable to remember everything that had happened the night of her husbands killing.
Esmeralda, great post! The Kansas-Nebraska Act was an 1854 bill that ordered "famous sovereignty"– enabling pioneers of a domain to choose whether subjugation would be permitted inside another state's fringes. Proposed by Stephen A. Douglas– Abraham Lincoln's rival in the powerful Lincoln-Douglas debates– the bill toppled the Missouri Compromise's utilization of scope as the limit amongst slave and free an area. The contentions that emerged between master bondage and abolitionist subjection pioneers in the fallout of the demonstration's section prompted the time of brutality known as Bleeding Kansas and helped made ready for the American Civil War (1861-65). This 1854 bill to sort out western domains turned out to be a piece of the political
Introduction Texas v. Johnson was heard before SCOTUS on June 21, 1989. The two parties involved are Protester Gregory Lee Johnson vs. the State of Texas. In 1989, the U.S. Supreme Court was asked to review the constitutionality of a Texas statute prohibiting the desecration of certain venerated objects, including state and national flags in the case of Texas v. Johnson. The Supreme Court ruled that the burning of the flag is symbolic speech protected by the Free Speech Clause and the statue was strike down.
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case.
There are many forms of “acceptance” but what does it actually stand for? Acceptance is fund in many different form and displayed in different ways; for instance acceptance is shown in three different ways between the stories “what do you wish of this goldfish”, “Texas V. Johnson” and “American flag stands for tolerance”. Furthermore, the story “what do you wish of this gold fish” displays acceptance as a positive thing, But it shows this through the eyes of a sad man whos name is Sergi. In the beginning it shows the happier for of acceptance;
1. Topic 1 The Alaska Sex Offender Registration Act was established like in many other states shortly after the 1994 rape and murder of Megan Kanka, a seven-year-old from New Jersey. Within the registry offenders are separated into two separate categories, non-aggravated offenders and aggravated offenders solely based off of the gravity of the offense(s) committed. AS 12.63.010.
In the year 2006, the Stolen Valor Act made it illegal to make medals of Honor. The case brought forth to us describes issues brought about by this act. In United States v. Fields, Abel Fields attended a meeting where he proclaimed that he had military experience, and that he earned a Purple Heart. He had made false statements, and in turn was convicted, and had to pay a $1,000 fine. Fields felt that his First Amendment rights had been violated.
There were claims on the Manton case study that Dixon had prior history of engaging in sexual activity at his high school, which led Dixon to be suspended twice for the prior sexual acts. At the time of this incident, Dixon was 18 years old, and the “victim” was 15 (Manton, 2005). Following this factual information, Dixon at that time claimed that the sexual act was consensual and accused the girl of fabricating the story because of fear of her parents finding out and punishing her for sleeping with a black man (Manton, 2005). Several charges were suggested for Dixon which included: statutory rape, aggravated child molestation, rape, sexual battery, false imprisonment, and aggravated assist (Manton, 2005). Dixon was then acquitted of a majority of the charges and found Dixon guilty of statutory rape and aggravated child molestation (Manton,
We believe that everyone is innocent until proven guilty. Once proven guilty, a person should receive punishment. This is the purpose of the justice system. The whole rule of double jeopardy defies this, not bringing justice to those who deserve it as it forbids for the accused to be tried again. It will be more beneficial to society as a whole if we abolish double jeopardy, to correct the mistakes of the justice system and essential for progression.
John Evander Couey was born to a 16 year old mother and he was her second child. Couey was abused at home and in school from an early age. Couey's stepfather once smashed his head into the wall for wetting the bed and another time, he nearly drowned him to 'teach him a lesson'. Eventually Couey was placed in a stable environment. He seemed to flourish.