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Fardon V Attorney-General Case Study

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The danger arising from such practice is that the people do not have a voice if judges become unwilling to recognise fundamental rights. One example of how legislation is infringing on fundamental rights is seen in Fardon v Attorney-General (Queensland) . 12 In this case, there was debate as to whether legislation allowing the Supreme Court to order the continued detention of serious sex offenders once their original sentence had been served was constitutionally valid if the person presents a serious risk of re-offending. In effect, a person could be kept in prison in the absence of committing a new crime and without the need to show mental illness or other symptoms which would normally justify extended detention. This legislation
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In this case, a divided married couple Charles and Tracey Thurman experienced a vicious split-up. Documents report, the first time Tracey had contact with the Torrington Police Department (TPD) (October 1982) was after her husband became violent towards Charles Thurman, Jr (son) out of the residence. Sadly, officers from the TPD refused to take Tracey's complaint resulting in the escalation of Charles violent behavior. As the violence escalated on November 09, 1982 while Tracey was sitting in her vehicle Charles approached, and started yelling threats and untimely resulting in him smashing her windshield. This was all witnessed by TPD Officer Neil Gemelli as he stood on the street watching Charles activities.

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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.

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Lindsay Weeks Legal Brief 1. Title and Citation Clinton v. City of New York 524 U.S. 417 (1998) 2. Facts of the Case This case dealt with the introduction of the Line Item Veto Act which merged two primary acts that caused immense controversy among Congress. The first provision “gave the president the power to rescind various expenditures, it established a check on his ability to do so”.

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n 1984, Leroy Hendricks was convicted of having indecent liberties with two 13-year old boys. As punishment for his action, Mr. Hendricks was remanded to the penal institutional system to serve his prison sentence. After serving ten years in prison, Mr. Hendricks was going to be stepped down to a halfway house. In the state of Kansas, they implemented the Sexually Violent Predator Act in 1994. This act “establishes procedures for the civil commitment of persons who, due to a mental abnormality or a personality disorder, are likely to engage in predatory acts of sexual violence (Brody & Acker, 2010, p.4).

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In Mangan v. Mangan, John V. Mangan (Father) filed numerous petitions/motions regarding the failure of Deborah J. Mangan (Mother) to provide access for Father’s court appointed parenting time. After a petition for post-decree mediation (which failed to resolve the issue due to Mother’s refusal to adhere to informal agreement reached), a petition to enforce parenting time, evidentiary hearings (for which Mother most often did not appear), enforcement hearings (again, for which Mother most often did not appear), multiple findings of contempt (on the part of Mother), a petition to modify parenting time, custody and child support, and a motion filed to take possession of the children by force….Mother appeared telephonically for a return hearing on April 8, 2010. Temporary orders were

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If they had not filed an appeal against their deprivation of a lawyer, this aspect would have evidently convicted them to a greater and unfair sentence. In some instances, this violation of one's constitutional rights has invoked an unbalanced

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This type of community-based option has proven to be quite effective in easing the reintegration process, but there are additional programs that offer an even more personal and interactive approach. Circles of Support and Accountability is a perfect example; COSA works with people who have committed crimes, specifically sex offenders, to reintegrate them into communities where they feel unwelcome and unwanted. The core members of the program learn how to, “carry out basic aspects of community life such as looking for work or accommodation and adjusting to life outside of prison. In addition, the volunteers hold the [offenders] to account for their own reintegration” (Clarke et al, p. 3). This is one of the main reasons the program has proven

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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

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“Teenager’s Jailing Brings a Call to Fix Sex Offender Registries,” is an article written by Julie Bosman, and published by the New York Times Newspaper. The article is written about a 19-year-old named Zachery Anderson who is listed on a sex offender registry for life. The cause of this was talking to an under aged female through a dating app called “Hot or Not.” Although, Zachary Anderson did not know that the girl who had lied about her being 17, was actually 14, he later plead guilty to what had happened. Reading this newspaper article had me thinking about all sorts of things, whether it was about the fact that Zachary had sex with a female who was under the age of consent in Michigan or the fact that he was put on the sex offender registry.

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In America currently there are about 2.3 million people that are incarcerated. The U.S. accounts for only 5 percent of the entire world’s population yet it holds around 25 percent of those people as the world’s prisoners. That is an astonishing number. Crime rates have grown over the years and don’t seem to be slowing down very much. This alone is a big cause to the debt in America as money gets poured into these prisons in order to maintain them; it is a nightmare.

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Sometimes, if not at all times, this is necessary as we see in A Clockwork Orange where Alex finds pleasure in ultra-violence and sexual assault along with his three droogs –Pete, Georgie and Dim. As the four companions run around town committing heinous crimes and cunningly evading the law, one this becomes extremely clear that they must be stopped from causing any further harm to the innocent citizens at any cost. But the questions arises that ‘is this cost a person’s freedom to choose their own fate?’ Alex apprehension by the government and making him face the punishment for all his past crimes

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