The district court said this because the school’s disruptive conduct rule was vague and did not specifically say what and what was not disruptive. Also the court said that removing Frasers name from the graduation speaker’s list violated the Fourteenth Amendment because Bethel Highs disciplinary rule never said that violating their disruptive conduct rule would result in the removal of speaking at the ceremony. The district court then awarded Fraser $278 in damages, $12,750 in litigation costs and attorneys fees, and said that the school district could not prevent Fraser from speaking at the commencement ceremonies. The school then took the case to the court of appeals in which they upheld the District Courts decision. They upheld the district courts ruling because it said under the Tinker V. Des Moines schools couldn’t punish a student for speech unless it disrupts education.
Criminal Procedure Policy Paper CJA/364 May 1, Due process is the legal requirement that the law must respect the legal rights of every human being. The due process model demands a careful and informed consideration of the facts of each individual case. According to this model, law enforcement agents must recognize the rights of suspects during arrest, questioning, and handling. In addition, constitutional guarantees must be considered by judges and prosecutors during trials. The primary mission of the due process model is to protect innocent people from wrongful conviction.
Nowadays, horrifying crimes are being committed by criminals and they are being punished for it. It has been believed that behind every crime there is a reason, which usually gets neglected. In the world of justice, reasons doesn’t matter, only thing that matters is whoever did the crime has to be punished and everyone should get justice. From the articles “How people turn monstrous” by Mark Buchanan and “Revisiting the Stanford prison experiment” by Philip G. Zimbardo, which means human behavior is forceful. The good people always get forced inherently into the bad situation.
It also makes sure that schools eliminate any barriers so that all individuals have access. Disability Discrimination Act 2005 Places a duty on all organisations, including schools, to promote equality of opportunity between disabled people and other people eliminate discrimination that is unlawful under the DDA eliminate harassment of disabled people that is related to their disability promote positive attitudes towards disabled people encourage participation by disabled people in public life take steps to meet disabled people’s needs, even if this requires more favourable treatment (taken from a leaflet from Bedford Borough, Leaflet 10, A guide to disability discrimination in schools.) Special Educational Needs and Disability Act 2001 Makes it unlawful for educational providers to discriminate against children with a special education need or disability. Race Relations Act 2000 Outlines the duty of organisations to promote good relationships between people from different races. Human Rights Act 1998 The Act sets out fundamental rights and freedoms that everyone in the UK has a right to.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
The U.S. Constitution forbids ex post facto laws, which declare certain acts to be illegal after the behavior occurs. The Constitution also requires that criminal laws be written in precise terms so that a citizen can determine * No crime without a criminal act * In American criminal justice, the government punishes people for what they do rather than for what they think or say. The First Amendment protects an individual's freedom of thought and speech. The failure to act, however, can be a crime in situations in which an individual has a legal responsibility to do something. Tax laws and child‐neglect laws are two examples.
For example, he feels people who break the law should be punished accordingly and not necessarily be locked-up and behind bars. Another point presented by the author is how United States citizens have to rectify and acquit oneself in order to be punished and imprisoned for their wrongdoings. Kevin Carr feels that people should not be restrained and confined behind steel bars. Despite the previous arguments, another reason Kevin strongly feels that “criminals convicted of non-violet crimes” should not face jail terms is because it can leave a psychological affect on people who are not a threat or danger to others. In other words, offenders that find themselves incarcerated for a small case such as being a thief, a beggar, or being a violator for parking infractions should not be labeled and put in the same classification as people who are convicted of repulsive, despicable, and inhuman types of criminal violence.
Drug addicts and alcoholics should not involuntarily be committed to a hospital for assessment and treatment. All individuals have the right to self-determination and their personal autonomy to live their life the way they choose should always be respected. Individuals of age should have the liberty to decide what is best for them without government paternalistic interference. If interference is required because an individual’s actions harm others, legal actions should be taken to punish them lawfully by still respecting their rights. The idea of legal paternalism in ethical reasoning is somewhat of a kind gesture from the Government to try to help individuals from themselves in the assumption that those individuals do not know what is best for them.
Supreme Court Decision My decision for this particular case is that Principal Morse has not violated the 1st amendment. She didn’t take Frederick’s rights away. I give her the right to punish students when violating school policy, mission, or other’s students’ rights. Students who violate in a disruptive manner, other’s rights, at school time and events related to school will be responsible for their own acts and will face the consequences. The principal is responsible to make the school mission effective, safe, under control, and give each individual their rights that the constitution provides them.
Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state. Criminal laws are enforced on state, federal, and local levels. Criminal laws are in place to maintain some type of standard of conduct more acceptable in society, and to safeguard society from criminals. The purpose of criminal laws is to set a no tolerance standard for criminal behavior, also meaning no crime committed will go unpunished thus an attempt to keep the community crime free and safe. When