The following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
Was this an issue over Dr Glucksberg bringing suit in federal district court seeking a declaration that the Washington state law violated a liberty interest protected by the Fourteenth Amendment. The case was heard by the United States Supreme Court. 5. Ruling and Reasoning Chief Justice Rehnquist was the judge who wrote the majority opinion for the court. He reversed the Ninth Circuit Court of Appeals decision that a ban on physician-assisted suicide symbolized
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
The Supreme Court agreed, on the fact that the state's reasoning
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.
This gave a moral framework that prohibited medical treatment to be executed. Regarding, drug administration it is only a doctor’s duty that can administer the effects of drugs, no one else is able to prescribe the drug because he or she does not know about drug’s effect on humans. In this case, giving medicine to the Singleton was contrary to medical goal because the purpose of medicine is treated not to kill a person. If Charles Laverne Singleton stays in prison, he did not harm anyone, and he was not a threat. He suffered from schizophrenic and it was a kind of
Case Name: Andrea v Clarence To determine if the arrest of Clarence was lawful, one must first determine if the police officers were trespassing at the time of the arrest. Did the police officers trespass on another ’s land in order to arrest Clarence? The police officers would be found to have trespassed if it was established that; • The action was direct and intentional • The police officers entered and/or remained on another’s land • The police officers were present on the land without consent or lawful justification
22 Sept. 2015 In this journal article, Bowers summarizes the 2012 Supreme Court case of Brown v. Plata and the rulings regarding the issue. The various background information, such as the the split opinions of the Supreme Court Justices, especially that of Justice Scalia (564). Bowers points out that the case came about when a California inmate sued because he did not receive the health care he needed. One of the major claims regarding the issue is that overcrowding was the root of the problem (556).
And while standing before the Supreme Court on January 17th, 1972, he persistently argued that the death penalty in the state of Georgia did, in fact, violate the United States Constitution. Amsterdam stated how the 8th Amendment discusses that the government is not allowed to constitute cruel and unusual punishment
Smallwood v. State Opinion # 1 The trial court charged Dwight Ralph Smallwood of assault with intent to commit murder, reckless endangerment and attempted murder. This was based as a results of Smallwood’s knowledge of him being diagnosed with the Human Immunodeficiency virus and intentional spread it by raping the three woman. Opinion
The stakeholders would first be the Ohio Department of Corrections, Dr. Evans, and the plaintiff, Tomcik. Additional stakeholders would include other state penal institutions, their medical teams, and inmates. The decision by the Court of Appeals would first affect the Ohio Department of Corrections, Dr. Evans, and Tomcik in any damages that might be awarded. The additional stakeholders would be affected in, hopefully, a re-evaluation and application of new standards of care regarding how medical care is conducted in the
Gregg has established that the capital offender has no eighth amendment right to live past the date set for his execution. Since, however, the offender is entitled to all possible dignity before, and perhaps after, his death, the offender's choices must be respected unless they contradict the purposes of his punishment. His own decisions about how his life is to be terminated should be honored unless it can be shown that those decisions are inconsistent with legitimate state interests. Treatment as a person also includes recognition of the right to
Since this ruling there has been failure to comply with theses rights of the prisoners. Texas prison house 155,000 adults in 100 facilities because of the number of prisoners are made it hard for them to get medial cover. The problem is now compound by the increasing number of prisoners with major psychiatric and physical disorder. This issue has cause public funding to shrink.
In Cole vs Roper, a highly “complex legal determination was adjudicated without thorough examination of available evidence or consideration of the necessity of additional evidence and review” (Newhouse, et al 522). His court case did not evaluate all of the necessary information and provided an unfair sentence. Perhaps this reveals how fragile and easily corrupted the court system is. Along with faulty proceedings, mentally incompetent inmates are suffering with the lack of help they are given. Almost cruelly, the Pennsylvania Supreme court overruled the Supreme Court's ruling that mentally incompetent inmates may
