individual exploration task specific research
Excerpt via Term Paper:
Specific Research Task. Individual Exploration: Overview
Medina vs . Cal, 505 U. S. 437 (1992). Retrieved from Findlaw at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.vol=505invol=437
Competency to stand trial (CST)
Medina was convicted of first-degree murder and in the state of California a person need to establish his mental incompetency by the common of a ‘preponderance of proof. ‘ The U. H. Supreme The courtroom affirmed this kind of standard of the burden of evidence, denying this violated the petitioner Medina’s right to credited process.
Dean v. United states of america (08-5274). (2009). Retrieved from Cornell University or college Law School at:
http://www.law.cornell.edu/supct/html/08-5274.ZO.html
Criminal responsibility (mens rea)
Dean was convicted under a ten-year mandatory minimum phrase requirement for firing a hand gun during a thievery; Dean contended that because he did not intend to fire the gun the mandatory minimum did not apply, though the U. H. Supreme Court docket held that even if the weapon went away accidentally, Leader was still liable to the mandatory minimal.
Pennhurst State School and Hospital v. Halderman (No. 79-1404) (1980) Retrieved via Cornell
University or college Law College at: http://www.law.cornell.edu/supremecourt/text/451/1
Right to treatment
“The Early childhood Disabled Assistance and Bill of Privileges Act (Act) established a federal-state grant program whereby the Federal Government provides financial assist with participating Declares to aid all of them in creating programs to care for and treat the developmentally disabled. The Act is voluntary, and the Declares are given the choice of complying with the conditions set forth in the Action or mentioned before the benefits of federal funding” (Pennhurst State School, 1980). The situation was brought forth against a low quality state facility for the developmentally impaired. However , the U. S i9000. Supreme Courtroom found “Section 6010 would not create in support of the mentally retarded any kind of substantive legal rights to ‘appropriate treatment’ inside the ‘least restrictive” environment’ since denoted inside the Act (Pennhurst State University, 1980).
Cruzan v. Director, Missouri Department of Well being, (88-1503), 497 U. S i9000. 261 (1990) Retrieved
http://www.law.cornell.edu/supct/html/88-1503.ZS.html
Right to reject treatment
Nancy Cruzan’s parents requested that their daughter’s life support and feeding tube become removed, pursuant to the wishes she portrayed to a housemate before getting yourself into a car accident which in turn left her in a ‘persistent vegetative point out. ‘ This situatio tested the right to refuse life-saving treatment inside the absence of a full time income will. The Court made a decision that the express of Missouri’s requirement that clear and convincing facts be offered regarding an incompetent person’s wishes has not been a infringement of Cruzan’s due process.
Arizona versus. Fulminante (No. 89-839) (1991) Retrieved by Cornell University
- Category: rules
- Words: 550
- Pages: 2
- Project Type: Essay