Brian Short v. State of Florida
The main issue in this case is whether the State of Florida violated procedural due process by depriving individuals of their basic constitutional rights by not allowing marriage of shorted individuals.
This is a due process case. Due process is covered in the 14th Amendment Section 1. “...nor shall any state deprive any person of life, liberty, or property, without due process of law...” (pp. 28 & 671). This is to ensure peoples protection over their rights.
Due process “a course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles” This is to ensure fair treatment especially when dealing with a citizens entitlement.
The Court examined
In a landmark Supreme Court case involving procedural due process safeguards, the court held that certain requirements must be met when an individual parole is revoked. Based on this case, the court found that due process requirements must be invoked in three stages; the defendant’s deferred sentence, completion of certain terms of probations and whether the defendant successful completes the probation terms or not (Oram & Gleckker, 2006). Since the Supreme Court hasn’t addressed the issue of due process clause under a drug treatment court, a few states have addressed the issue using the landmark Morrissey Supreme Court case to apply whether due process requirements is applicable to proceedings (Oram & Gleckker, 2006). Applying due process
They felt it needed to have protections put into place that would act as a checks and
Question II: Adam Audrey v. Kevin Swanson In order to regulate the alarming increase popularity of cosmetic surgery, Congress enacted the Federal Cosmetic Surgery Protection Act (FCSPA). Kevin Swanson, the Secretary of the Department of Health and Human Services (HHS) is charged with the enforcement of FCSPA. Under this legislation “A person is not permitted to undergo a major cosmetic surgery procedure, except where necessary for the physical health of the person or to correct a major physical abnormality that interfere with normal appearance, unless approved by Congress a Cosmetic Surgery Approval (CSA) panel created at each facility licensed to perform cosmetic surgery”.
To put this another way, extra due process procedures are needed when government action unusually affects an individual in an unfair way. Take for instance, the case of Londoner v. Denver, 210 U.S. 373 (1908). In the early 1900s, the City of Denver decided to make improvements to a specific street. To pay for these improvements the city passed a special assessment (tax) which applied only to the property owners along that stretch of street. However, the tax was not distributed equally among the affected property owners.
The due processing was not completed. Steps were skipped, and the boy was discriminated because of his delinquency. The majority opinion was written by Abe Fortas. The legal significance of this case is the process of due processing, and the right to not be discriminated or treated unfairly. The decision of Gault’s court case sent the world into a “ due processing revolution”.
This clause states that “All persons born in or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It then goes on to state that States are not allowed to make or enforce any law that takes away life, liberty, property, privileges, or immunities of US citizens without due process of law. The most important part of the clause though that is the most relevant is the final sentence which states “...nor deny to any person
You shall arrest, or, if an arrest would be impractical under the circumstances, seek a warrant for the arrest of the restrained person you have information amounting to probable cause that the restrained person has violated or attempted to violate any provision of this order, and the restrained person has been properly served with a copy of this order or has received actual notice of the existence of this order (Gonzales v. Castle Rock, No. 04-278, 2005). Subsequently, after analyzing the mandatory arrest terminology in the Colorado restraining order instructions, the Supreme Court reviewed if the city of Castle Rock denied Mrs. Gonzales' Fourteenth Amendment right to procedural due process through the inadequate enforcement of the restraining order. After months of deliberation, the Supreme Court render a ruling citing that the city of Castle Rock could not be held liable for the ambiguous instructions written in state's restraining order and there was no violation of the Fourteenth Amendment Due Process Clause, since Mrs. Gonzales did not have a property interest in the enforcement of the restraining order against her husband (Gonzales v. Castle Rock, No. 04-278, 2005). Furthermore, it is impractical to assume that town's custom or policy prevented the
Habeus corpus, a common law adopted by the founding fathers when writing the Constitution, ensures due process of the law for prisoners. This effectively allowed military commanders to apprehend Confederate sympathizers who were likely to impede
The Supreme Court ruled that the Homosexual Conduct law was unconstitutional and overturned the conviction of Lawrence and his male companion. The Court ruled that the law violated the Fourteenth Amendment 's Due Process Clause because it protects the right to personal liberty in intimate decisions(Lawrence vs Texas, Case Briefs). The Court argued that its decision in Bowers v. Hardwick was misguided. The issue was not the right to commit sodomy but “the right to privacy in the home" and "the right to freely engage in consensual, adult sex. "(Lawrence v Texas).
They could not agree on many aspects of the case, as two majority opinions and four minority opinions were filed. They explained that they made their decision based on the fact that the state of Florida violated the 14th Amendment by enacting a recount, the Equal Protection Clause specifically. This clause requires the federal government to respect, maintain, and uphold the legal rights of American citizens. Government cannot infringe on the civil rights of the people.
According to the Bill of Rights Institute the Fifth Amendment gives a criminal defendant the right to not testify at trail and this stops the prosecutor, the judge and even the defendant’s lawyer can’t force the defendant to take the witness stand against their will. The Fifth Amendment states that no one maybe deprived of life, liberty or property without “due process of law” and there is two types of due process which are procedural which is fairness and substantive. According to the Fifth Amendment it protects a criminal defendant from double jeopardy and the reason’s are that it’s to prevent the government from using it’s superior resources so it would wear down and convict an innocent person. It also protects individuals from the financial,
The government must comply with the fairness requirements of the Due Process Clause during each juncture
The court rejected that allegation and said that the test for determining whether or not the law violates substantive due process involves when “it bears a reasonable relationship to a permissive legislative objective and is not discriminatory, arbitrary, or oppressive.” Consequently, the court supports that the Act was created in order to avoid further Acts of crime enacted by reoffenders by making sure that they will receive and serve the maximum and the entire sentence under the law. Therefore, the court concluded that the argument fails due to the responsibilities of the trial courts to just adjudge a minimum mandatory
The U.S. Court of Appeals agreed that a class action would provide a way for immigrant detainees to be represented. In 2015, a federal court ruled that immigrants in prolonged detention be given a bond hearing. The Rodriguez v. Robbins case helped thousands of immigration detainees across the Ninth
What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?