Cardinal And Oswald V. Director Of Kent Institution: Case Study

Decent Essays
Cases that can relate to the doctrine of fairness is Cardinal and Oswald v. Director of Kent Institution. This case was involved inmates in Matsqui Institution. In Cardinal and Oswald v. Director of Kent Institution (1985), the appellants were prisoners who reportedly participated in a hostage-taking incident of one of the guards. After the incident, the director made an oral order to remove the inmates from the general prison population and put into segregation. The director was given a recommendation by The Segregation Review Board to release the inmates back into the general prison with the rest of the inmates, before any major issue arises within that population. The director, however, did not follow the Boards order. He decided to proceed

Related Documents

  • Superior Essays

    The United States Congress established a federal Bank of the United States through a legislative act. The federal Bank had created a branch for operation in the state of Maryland. According to Maryland laws, any bank within Maryland without a state charter will be imposed a tax by the Maryland state government, and the branch of the Bank of the United States is one of the non-chartered banks. McCullough, a cashier for the Second Bank of the United States, was operating in Maryland and issued banknotes without paying the tax. The State of Maryland sued McCullough for not paying the tax in an argument that the Bank was unconstitutional due to the lack of specification of the power to create a bank in the Constitution .…

    • 1152 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Hodgson Case Doctor Jane Hodgson performed an illegal abortion on a woman who was in danger of infection if her child was born since the child was infected. She turned herself into the police in order to change the law of abortion in Minnesota. She was convicted in the trial court. Hodgson appealed to the Minnesota Supreme Court they also ruled that Hodgson was guilty and so Hodgson took the case to the US Supreme Court…

    • 202 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In 1998, Hugh Caperton filed a lawsuit against A.T. Massey Coal Co., Inc and was found liable for $50 million in damages in a state trial court in West Virginia. Prior to the hearing, Caperton motioned for the presiding justice in the case, Brent Benjamin, to recuse himself, seeing as though Massey’s C.E.O. had donated nearly $3 million dollars to Benjamin’s campaign. In 2009, the United States Supreme Court ruled that Benjamin’s failure to recuse himself, seeing as he had a personal connection to one of the parties in the case, was a direct violation of the Due Process Clause stated in the fourth teeth amendment (CAPERTON v. A.T. MASSEY COAL CO., INC.). The Caperton v. Massey case proposed the question, “how much power and impact does election campaigning have on judicial bias. Should state judges be appointed over elected?”…

    • 817 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Robert versus Boston- Robert v. Boston challenged the separation of schools based on the color of their skin (nps.com). In 1848, a year old girl named Sarah Roberts was stopped from going to that school because she was black. Her dad Benjamin pressed charges against the city. The lawsuit was a effort by the black community to end segregated schools.…

    • 358 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Supreme Court Case Essay

    • 808 Words
    • 4 Pages

    Title and Citation: Fry V. Napoleon Community School District Topic: A school district denying the student the right to have a service dog attend school. Level or Type of Court: Supreme Court- Oct 2016 Facts of the Case: A student with cerebral palsy obtained a service dog with the doctor’s approval to help her live as independent as possible. The service dog was hypo-allergenic and was to stay out of the way when not needed.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    There was a disagreement on whether or not the death penalty was a violation to the convicted person’s rights. The person under the death penalty was caught breaking into a private home when they were caught in the act. As the person tried to leave the scene, they tripped and fell causing the gun in their hand to fire a shot that unfortunately killed a resident in the home (Furman). From there, the lower leveled court found the person guilty and he was sentenced to death. Though the person was found guilty of murder, their lawyers didn’t believe they should have been convicted with the death penalty and had challenged to overturn the punishment to something less severe as the death penalty.…

    • 1213 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Hodges and Loving v. Virginia that were similar. In both cases the petitioners traveled out of state to marry. Upon returning, they were both deprived of their personal liberties. Although the liberty is different specifically, both were charged under the Due Process Clause. Both their states were depriving them of either justice or discrimination, which in return is why both petitioners in each case fought back against their state to fight for their rights.…

    • 1650 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    In the case of Engel v. Vitale the Regent’s prayer was meant to be “non-denominational” and the respondents’ argument states that the students are not required to perform the prayer but that those who choose not to participate sit silently or be excused from the classroom (LexisNexis). To an extent this seems like a perfectly well thought out idea, but to ask a child to sit quietly or remove themselves from the classroom really becomes an act of seclusion. When a person becomes secluded they feel the desire to be a part of the crowd, especially children. “When the power prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain” (LexisNexis); therefore, regardless of their religious distinction children, feeling the need to involve themselves in what everyone else is doing, participate in a prayer that may not necessarily pertain to what they believe. This inevitable act not only denies the child’s culture and upbringing, but creates a conflict of interest for the parents and the student who are classified as the religious minority.…

    • 976 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court should be able to overturn unconstitutional laws that Congress has passed. There are many reasons to give the Supreme Court this power, first we need someone to enforce the fact that no law should violate the Constitution. Next, it helps balance the three branches of government, and lastly the Constitution puts judicial power into the Supreme Court and inferior courts. This power will stop substandard laws from getting passed, and will protect the structure of our government that is extremely based on the Constitution.…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Just Mercy Summary

    • 1590 Words
    • 7 Pages

    In his book Just Mercy, author Brian Stevenson details many of the failures of justice that he has personally witnessed in his long career as a public interest attorney. Mr. Stephenson relays each case as a personal story. As a reader, I found myself sympathizing with many of the people Brian Stevenson worked to defend. I found myself shocked by how poor and underprivileged people were so often treated horribly coldheartedly by our justice system. Before I had believed our justice system to at least be fair and impartial.…

    • 1590 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Throughout history, there has been countless ways in which a judge has conducted themselves within a courtroom. Throughout this interval of recreation, there has been only a handful that have ultimately transformed the world we live in today. One of those is known as the Warren Court Era of 1953-1969. Within the courtroom, the Warren Court era has represented a time of trial, struggle, and change, crossing the lines that were once put in front of us to follow. This was a time when judicial philosophy re-defined the way in which we viewed the judicial system as well as a copious outbreak of judicial activism.…

    • 145 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Ponte v. Real, which stated that inmates are entitled to certain rights in disciplinary hearings. Porter v. Nussle, which stated that the Prison Litigation Reform Act of 1995 “exhaustion requirement” applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes and whether they allege excessive force or some other wrong. Brown v. Plata, which stated that overcrowded conditions in California’s prisons were so egregious that the state was unable to deliver minimal care to prisoners with serious medical and mental health problems, requiring a forced reduction in prison populations. There are many more covered in the Criminal Justice Today textbook, on pages 478-479, however I found these to be of major importance. I would argue that all of these cases were essential for both the improvement of handling the process of prisons and prison life, as well as setting precedent for future prisoners’ rights as well as the way that prisoners are dealt with in…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Juvenile Court System

    • 1039 Words
    • 5 Pages

    The United States juvenile court system has come a long way throughout the years. There has been many significant cases in the juvenile system that set the standard for what the system is now. Cases such as Kent vs. United States, In re Gault, and In re Winship are examples of major cases that challenged state rulings and later changed the technicalities of future, similar cases because they called upon the Supreme Court to change or state the rules. These three cases built some of the framework on what the juvenile justice system is today.…

    • 1039 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The key features of the argument on supporting the death penalty developed by Ernest Van Den Haag first focuses on matters of mal-distribution and determining if an individual really deserves it, second the miscarriages of justice, third if the death penalty is a better deterrence than other punishments, fourth the incidental issues that the death penalty promotes, and fifth justice, excess, and degradation. The first argument that Ernest Van Den Haag argues is on the matter of mal-distribution, and determining whether an individual really deserves capital punishment. He expresses his view that mal-distribution being compared between those individuals who are guilty or innocent is undeserved. The acts of capital punishment upon an individual who knowingly commits a crime and is considered guilty in that sense deserves the punishment. However, on the other hand he considers that when mal-distribution is then put upon an innocent life that did not commit the crime but is considered guilty is seen as than unjust.…

    • 1032 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Lifeboat Dilemma There were several issues involving ethics in The Queen v. Dudley and Stephens case. The case facts are subject to a major ethical issue involving whether it is ethical to kill a man to save three. Some would argue that when given a situation where at least one person will die, we should try to save as many human lives as possible. Others should state that the value of human life is immeasurable. Who are we to decide if one life is equal to another?…

    • 736 Words
    • 3 Pages
    Improved Essays