Deshaney V. Winnebago County: Case Study

Board of County Commissioners of Brevard V. Snyder set a precedent since the Court concluded the comprehensive plan, provides for future land use through gradual and ordered growth, and it is not a literal guide. Thus, Local governments have the discretion to decide that certain land uses should be denied, even if they comply with comprehensive plan guidelines.

The case I found was Burris v. Dep’t. of Children And Fam. Serv. And Erwin McEwen, Ill. App. LEXIS 690 (June 29, 2011). This case talks about the agency of the Department of Children and Family Services trying to put Plaintiff on the central register list to be unfit to care for her children. Plaintiff’s first kid was found to be abused and neglected by the Plaintiff. The agency got a call regarding the concerns for Plaintiff’s second child and his safety. The agency put the second child in protective custody. The Plaintiff filed a complaint to have administrative review on the director of DCFS decision that denied the Plaintiff of her request to remove the report of neglected based on the child being put in an “environment that was injurious

The facts of the case in Deshaney V. Winnebago County (1989) start with Joshua Deshaney’s mother suing Winnebago County’s Department of Social Services. Joshua Deshaney lived with his abusive father. Joshua’s father beat him so bad that he ended up with serve brain damage. The damage was so bad that Joshua is now permanently mentally disabled. During the time that Joshua lived with his father and endured the abuse the Winnebago Department of Social Services was made aware of the abuse and has several complaints about the abuse Joshua endured. They Winnebago Department of Social Services said they did everything in their power to protect Joshua. They did not however remove Joshua from the fathers care/home therefore the mother of Joshua Deshaney

There are many Supreme Court cases in which the court case decision affected society and the accused. Also, many debates about how it affected society and the accused are up in the air. People will either look at it as positive or negative, depending on the person. In some cases, many of the accused actually did something wrong, but yet still got away with the crime. It just goes to show there is a flaw in the court system, but again, a different subject.

This is possibly the hardest assignment I’ve had to do to date. It’s difficult to examine how much this little boy had to suffer at the hands of his father. The crimes that took place here were more than abuse. I believe that the case worker is culpable for refusing to protect the child and should have been disciplined if not charged with a crime. The mother deserved a more severe sentence for allowing this abuse to go on for so long and should have been charged as an accessory to the crime. This case did lead to outrage and sweeping legislation in the state of Washington was enacted. Most of the legislation was aimed at allowing and even mandating that child protective services make protecting the child a higher priority than keeping the family together.

In life decisions are made and whether they are good or not is determined by future generations. In the case of Worcester vs. Georgia, the Indian Removal Act was set not to be passed. Our president Andrew Jackson challenged the authority of the Judicial branch, as once they made their decision, he challenged their power to enforce it. Thus, violating the system of checks and balances, which is considered unconstitutional. The act was then passed, leading to the removal of the Indians, during the removal process hundreds of innocent indians died and were killed, on a path now known as the trail of tears. The Indian Removal Act was a step in the wrong direction because it led many Native Americans into suffering, the decision for the act violated the system of checks and

It's truly amazing how different daily lives could be with out the American governments judicial system. During the 1846-1950's time period everything was segregated and split by the mere color of your skin. No matter wet here you are African American, Hispanic, White, or any other color you should be treated with the same amount of respect as anyone else.The Supreme Court has made many decisions over the years that have effected everyday lives: "Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. The board of education.

It is the government’s ordained and foremost right to provide its citizens with reliable protection and security, especially in the face of an emergency. However, the government’s failure to provide equitable care, causing damage, injury, or death, results in legal negligence, or a person not acting to their given standard resulting in damage. In the case of Riss v. The City of New York, Linda Riss experienced negligent conduct from the New York City police department when, after she was repeatedly threatened by a rejected suitor, they did nothing to protect her until after she was mutilated with acid. With protection and ongoing investigation, Riss would have been kept safe under the responsibility that the police failed to adhere to.

The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is

The concept of Judicial Review is to review cases using the power of the courts over the actions of the executive and legislative branches to deem them invalid or unconstitutional. The Supreme Court has a unique position because of its broad commitment to the American People and its Constitution. The Court's principles on judicial review are that The Constitution is the supreme law of the country, they have ultimate authority on constitutional matters, and they must vote against any law that clashes with the constitution. One of the most significant cases that brought forth such convictions was the case of Marbury vs. Madison in 1803. Which was a case that brought many complications because when Jefferson ordered his Secretary of State James

When children come into the custody of DCFS and are placed into Foster Care they are scared, confused, lonely, and usually conditioned not to tell when they are being mistreated. Most of the children that come into “the system” have learned to accept abuse as normal or natural and are unaware that they are even being mistreated. Therefore, when they are placed in homes where this is occurring it is not in their nature to speak up. Once they are removed from their parents, they are solely reliant on the department for their protection and it is the department’s responsibility to provide that protection which has not always been fulfilled by the department or the foster care agencies. The department should be making reasonable efforts to provide proper services

Why would the Supreme Court ever make such an irrational decision that would change American Politics forever? The Supreme Court has so much power and a very important job. The Citizens United ruling gave corporations and unions permission to spend unlimited amounts of money on ads and other political tools for the battle of an individual candidate. Likewise, the court’s decision stated that corporations and labor unions were able to spend as much money as they wanted to convince people to vote either for or against a candidate. Questionable Politics and the return of campaign finance issues are becoming a reality once again due to the damage Citizens United has done to our democracy.

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood”(James Madison, Federalist 62). The Constitution, despite being precise in some areas, like how many years a president can serve, is vague and can be interpreted in many ways, and the one to interpret it is the Supreme Court. The Supreme Court is the final arbiter in all the legal proceedings that one case should undergo. They are are supposedly unbiased, and free from any political pressures. The chief justice can either exercise his powers with restraint or with activism, like the Burger Court, but what will happen if the Supreme Court intervened

The authority of the Supreme Court negates valuable states rights, and assimilates them into their own office. What is worse is that these men and women serve indefinitely until death, barring bad behavior. The gene pool is never diversified so to speak. Just like a stagnate gene pool is prone to unwanted mutations, and abnormalities, so to is a Supreme Court that rarely experiences change.

The purpose of the Supreme Court is to review or address cases that involve issues on a federal level or of constitutional law, just as appellate courts hear cases on a state level. Their responsibilities include deciding how to apply the principles of constitutional law to new matters and issues that arise in today’s day to day legal process; they also play the role of the “parent” to lower federal appellate courts when their decisions on legal issues are contradicting to one another, overlap, goes against constitutional rights, or allows room for confusion as to whose decision takes precedent. Bottom line the purpose of the Supreme Court is to provide the rules and statues for state level courts to abide by when they