Due process

The topic of parental rights and due process is a complex issues. It is something that has been debated by educational professionals, scholars, and even the American court system as a whole. Before the EAHCA of 1975 the law had very little written in regards to due process rights, and many times school officials were the only people making decisions for disabled students. Parental input was limited at best (EAHCA, 1975). Below I will discuss a specific court case that involves parental rights or due process, including what parties were involved in the case, what issues brought this case to the court system, what the main points of the disagreement were, when and how the case was adjudicated, what the final outcome was, and finally I will explain whether I agree or disagree with the overall outcome of the case. In today’s world, the topic of due process and parental rights is still a major factor in how decisions are…

Each day more than five children die as a result of abuse or neglect. No child should have to be in fear or in pain, let alone have that pain and fear be caused by the very people who brought them into the world. The topic I chose to write about is child abuse. I strongly feel that the Due Process Clause as well as several other laws and rights should be designed to help protect children, not prevent them from getting help. Everyone has the right to life, liberty, and the pursuit of happiness.…

The Importance of Due Process in the Criminal Justice System Andy X. Hernandez Troy University Abstract Criminal justice is not just about going after criminals and putting them behind bars. There is more to it than just locking one up. There are certain checks and balances and rights that defendants have before, during, and after their trial. We have learned that each defendant is afforded protection by the Bill of Rights such as right to a speedy trial (Sixth Amendment) and the…

States, the criminal justice system follows two unique diverse models that protect the people. One of these models is the Due Process Model and in this model, the rights of the defendant are equally and fairly treated. Which this process being the main objective of this clause. The second model is the Crime Control Model and in this model strict punishments to the defendant committing the crime be forced but also protecting the individual 's rights as well. Both these models have a different…

suspension from a school have property and liberty interest that qualify for protection under the Due Process Clause of the Fourteenth Amendment. This case is similar to the case at hand because it involves the assessment of student’s rights to due process during the expulsion process. With the Goss decision in mind, it can be concluded that the expelled Howard students also have constitutional rights that protect their right to due…

Alabama of 1932 was a landmark case in American history. The case brought to the forefront the issue of legal counsel being guaranteed by the 6th Amendment, and how that right applied to the States by the 14th Amendment. This case brought up the issues and concerns of what the requirements of the State was in this type of criminal proceedings. Due Process wasn’t given to the African American men in this case. The Incorporation Doctrine within the Fourteenth Amendment will now serve as a series…

pleasing to parents and reasonable in the eyes of the district. Until this gets easier to accomplish there will be litigation in the future. To help improve the entire process IDEA requires special education specialists to cooperate with parents and teachers to decide on the best plan of action. Parent input must always be included in the plan. Plans are not allowed to go forward without verbal or written consent from parents. Though this is good and is supposed to help make the process more…

1. Discuss at least three ways that evidence/crime scene was mishandled and could have been managed better. One of the main evidence that was mishandled by the prosecution were DNA tests. The state crime lab failed to find any player’s DNA match to the found DNA, so the prosecutor requested a private crime lab to conduct their own tests. Another evidence piece was information from the players’ cell phones. The records showed the contradictions to the victim’s accusations, thus making them false.…

The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The…

department and at one point refusing to leave a staff member’s office until a staff member escorted him out. After this incident, KSU began the process…