Lawrence v. Texas 539 US 558 (2003) Case Facts: In September 1998, a same-sex couple in Houston, Texas were arrested in their own apartment after police found them engaging in a consensual, intimate, sexual act. The two men, John Lawrence and Tyron Garner, were convicted of violating the Texas “Homosexual Conduct” Law, which made it a Class-C misdemeanor for same-sex adults to engage in sexual intercourse and considered it illegal sodonomy. The statute was created in 1973 after the state changed its criminal code to end the banning of heterosexual anal or oral sex. The sheriff deputies arrested and charged the couple for performing “deviate sexual intercourse” as listed in the mentioned in the Texas statute.
Another action I do not agree with is forbidding the inmates to receive Christmas packages. Personally, I do not see any harm in allowing the inmates to receive care packages from the families. Lastly, I can understand where why the wardens made the inmates wear prison jumpsuit instead of clothes that they have designed because it makes the correctional department look unprofessional. This includes the cars that the inmates have
Once at the Texas Criminal Court, Lawrence and Garner’s attorney from Lambda Legal stated that the law adopted by the Texas Penal Code was going against the Fourteenth Amendment which guaranteed equal protection because it allowed sodomy between heterosexual couples but not homosexual couples. The attorney also argued that the Supreme Court’s decision on Bowers v. Hardwick, which claimed that no privacy protection between same-gendered couples having consensual sex was needed, was wrongly decided. The judge of the Texas Criminal Court decided to fine both males $200 because they pleaded “no contest” and the judge also denied dismissal of the defenses’ motion. Lawrence and Garner then took it up to the Fourteenth Court of Appeals who found that the Texas law was unconstitutional in a 2-1 vote. The Court of Appeals then decided to review the case en banc without hearing any oral arguments and did not agree with the Fourteenth Court of Appeals claiming that the law was indeed constitutional in a 7-2 vote.
This case brought light to the issue of same-sex marriage. A country that fights for equality in every corner of the world was oppressing its own citizens and denying them marriage equality, a right that was promised to them under the law of the
I never thought about reading court cases involving this topic but after I did it was a very eye-opening experience. The court case is outdated and there have been new laws set in place since then involving same sex marriage but it is still an important one that helped shape a newer United States of America.
A brochure for “Reminder Day” expressed that homosexuals were often not treated as equals and that the Federal, state and local governments have shown bias towards these individuals. Although some religions would perceive homosexuality as a sin, the individuals are still human and should be given the same opportunities as the rest of the population. In the past, the Declaration of Independence promised natural rights for all men, but some rights were not realized for minority groups. Over time, parts of the Declaration of Independence and the Constitution were revoked and amended so that in today’s world, all “men”, including women and minority groups, all have the same rights.
The inner moral compulsion to obey is what drives most social organizations. Sykes (2007) described several structural defects that occurred in the New Jersey State prison. Sykes (2007) argues that power in prison is not based on authority therefore prison officials have to find other means to get prisoners to abide by the rules and regulations. The ability to use force to maintain order on a large scale in the prison is an illusion. According to Sykes (2007), Certain privileges such mailing and visiting, personal possessions, time-off for good behavior etc. are given to the inmate all at once upon his or her arrival to the prison.
After watching the video about Virginias plan to turnover their mental institution to a financial corporation resulting in sex offenders being held until further notice under state regulations, in my opinion, the plan would definitely be a horrible idea due to the lives of inmates being tossed to the side for a few bucks causing many questions to arise. For instance, the civil commitment law which is regulated in many states to say that even if a sexual offender serves his/her time, the government can force the inmate to stay longer in the facility. The issue with this law is that corporations are making money off of inmates that already paid their debt to society and now are forced to remain in these facilities. According to Cenk Uygur (2012),
Many inmates sleep in gyms, dayrooms, and other areas not intended for housing purposes (Gale, 2008). In 2011, Governor Jerry Brown and the Legislature approved a plan that would relocate low-level (non-serious), non-violent, non-sexual offenders (known as “the three-nons”) into the jurisdictional control of the counties in which they were arrested. Furthermore, the Governor’s plan allowed offenders to be released to the county probation system instead of the parole board (Medina, 2011). The Court’s order is part of a two-decade long battle over medical and mental California Realignment: Assembly Bill (AB) 109 9 health care in California prisons (Harvard Law Review, 2010).
According to Correctional Administration: Integrating Theory and Practice by Richard P. Seiter, substantive issues are characterized as those that are a piece of the learning particular to the training and profession of corrections. These issues may incorporate discovery approaches to extend spending dollars without decreasing open security, how to manage packed penitentiaries, and how to oversee detainees who are serving to a great degree of long terms. Correctional administrators must manage grouping and hazardous issues to which prisoners ought to be regulated within the community instead of a correctional facility. Difficulties may likewise incorporate the assortment of sexual orientation, age, and programs needs in a given correctional
But when it comes to providing hormone therapy or clothing for a gender that an inmate is not born but relates himself/herself with, is going a bit too
America’s prosecutors where practicable be willing participants in addressing issues of reducing recidivism and ensuring the safety of victims’ and the community. NDAA implemented the following policies position on Prisoner Reentry July 17, 2005 (Association, 2005) Victim reentry issue- the primary focus should be on providing a safe environment for the victims of crime and the community, Victims should be informed about the status of their offenders’, location, notification of projected release date, the person (s) or agency (ies) to contact if questions or concerns arise. How to apply for a protective order application and issuance. Available mental health services.
According to the book Corrections The Essentials by Mary K. Stohr and Anthony Walsh, a sentencing disparity occurs when there is a wide variation in sentences received by different offender that may be legitimate or discriminatory. A disparity is legitimate if it is based on crime seriousness and/ or prior record. If it is not then it is considered discriminatory. Sentencing guidelines can help attempts to address these disparities by determining how long a person should go to jail for each crime they committed.
According to the Eighth Amendment, cruel and unusual punishment is prohibited. For this prohibition to be significant throughout society in which confinement is the essential method of criminal penalty, it is essential to establish when prison conditions are cruel and brutal. While prisoners may have lost their rights to freedom in the light of their crime and conviction, despite everything, they remain to hold the same constitutional rights as free citizens do, with certain exceptions. The special cases include rights that would cause disagreement with the prison facility and system’s ability to safely, adequately, and proficiently run the establishment, those that would risk the wellbeing of the staff, the public and/or others near.
Furthermore, the parole system is known to have a multitude of problems laced within it, these problems can be solved by focusing on parolee and parole officer relationships, and partaking in systems that improve the underlying issues. Following through to fix these affairs may seem unrealistic, but a solution could be in sight. Issues within the parole system in the United States include the ineffectivity of parolees meeting with their supervising
