Preview

Kansas V. Hendricks Case Study

Good Essays
Open Document
Open Document
750 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Kansas V. Hendricks Case Study
The case of Kansas v. Hendricks involves the respondent Hendricks filing suit against the State of Kansas in regards to the Sexually Violent Predator Act. Hendricks believed his incarceration through this Act would be considered double jeopardy and he was being convicted of the same crime twice. Hendricks had been found guilty of sexually molesting children. He was incarcerated and was nearing the end of his sentence when he filed the suit against the state of Kansas.

The Sexually Violent Predator Act was enacted in Kansas in 1994 and allowed for the commitment of these sexually violent predators convicted of or charged with a sexually violent offense and who suffered from a mental abnormality or personality disorder which makes the person likely to engage in repeat acts of sexual violence ( Kansas Legislature, 1994). Hendricks contended that where newly enacted punishment is predicated upon past conduct for which …show more content…
Some would say Hendricks had suffered enough and his prison incarceration time would be sufficient punishment. Others would say Hendricks is a threat to society. He still had a fascination for children and according to him the only way to be cured is by the act of death. Therefore, he should be committed to a facility indefinitely so that he can not harm any more children. If Hendricks stated the only way to rehabilitate him is by death, how is a facility he has been sentenced to indefinitely, going to help Hendricks or any other violent offender by rehabilitation, monitoring and treatment? What is the difference between releasing him from prison and incarcerating him indefinitely in another facility? Both could technically be considered an incarceration facility. This could potentially become a budgeting issue for the state. Could the prison system keep Hendricks and provide the treatments instead of having to change facilities? One could say the state is duplicating work and wasting taxpayers
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Summary Of The Hayes V. Oakridge Case
    • 789 Words
    • 4 Pages

    Summary Of The Hayes V. Oakridge Case

    In the state of Ohio, the courts have taken a pro-business approach, at least regarding the nursing home industry, as is evidenced, by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case, the case involved a lawsuit filed against The Oakridge Home, an Ohio nursing home, by a former resident, Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home, she suffered serious injuries in a fall and that the fall was the result of negligence by the nursing home staff. Oakridge entered a motion seeking a stay of the court proceedings because, Hayes had signed an arbitration agreement in which she agreed that any malpractice claims she might assert against Oakridge would be resolved…

    • 789 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    State V. Prnkcus Case Study
    • 1685 Words
    • 7 Pages

    State V. Prnkcus Case Study

    Facts: Judd approached the defendant in an attempt to calm him. The defendant then punched Judd in the face. A brief fight ensured between Judd and the defendant during which a shelf with ceramic mugs fell on the floor and shattered. Doucette, Anderson and Potkaj attempted to break up the fight. Anderson and Potkaj grabbed Judd by his arms to restrain him while Doucette came up behind the defendant and wrapped his arms around him to stop the fight. The defendant broke free from Doucette and attacked Judd again. Judd freed himself from Potkaj and Anderson in response to the defendant’s attack and punched the defendant again. The defendant then picked up a kitchen knife with an eight inch blade from the counter and strode six feet from the counter toward Judd, swinging and stabbing with the knife.…

    • 1685 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Wisconsin Vs. Avery Case Study
    • 116 Words
    • 1 Page

    Wisconsin Vs. Avery Case Study

    Wisconsin v. Avery is a major case between Steven A. Avery and the state of Wisconsin. Steven Avery was born on July 9, 1962 and grew up in a very small area knows as Manitowoc county in the state of Wisconsin. His family owns an auto salvage yard where abandoned vehicles are obtained for the sale of parts. Avery was not a smart man, his IQ was seventy and he “barely functioned in school”. He had a very rough childhood and he turned to crime through his teens and into his twenties. In 1981, Avery and and his friend were charged with burglary at a local bar and were each sentenced to two years in…

    • 116 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Kentucky V King 563 US 452 Case Study
    • 997 Words
    • 4 Pages

    Kentucky V King 563 US 452 Case Study

    Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…

    • 997 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    State V Evans Case Study
    • 1211 Words
    • 5 Pages

    State V Evans Case Study

    In the late 1990’s Rebecca Arnold was attending Scott County Community College for nursing. While attending college Arnold encountered Hubert Evans, a published photographer with a foot fetish. It was during this random interaction that Evans asked Arnold to photograph her feet, Arnold declined. Evans had even told Arnold that he helped other women, whose pictures he had taken become “big models”. At some point in 1998, Evans obtained Arnold’s telephone number and called her home and left a message with her father; Arnold did not respond. Evans called Arnold’s home a second and was instructed by Arnold’s father, Mr. Arnold not to call the residence again.…

    • 1211 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Kentucky vs. King law brief
    • 461 Words
    • 2 Pages

    Kentucky vs. King law brief

    Facts: An undercover police officer watched a controlled deal from inside his unmarked police car. When the deal was over, the undercover police officer radioed for uniformed police officers to move in on the suspect, who was heading towards a breezeway in an apartment complex.…

    • 461 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Missouri V. Frye Case Brief
    • 397 Words
    • 2 Pages

    Missouri V. Frye Case Brief

    A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act, mens rea is a guilty mind, and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye, he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum sentence of up to four years when arrested three times for driving on a revoked license. The prosecutor sent Frye's counsel a letter that offered two possible plea bargains. If he was to plea guilty the charge could be reduced to a misdemeanor…

    • 397 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Case Essay: The Texas Vs. Cobb
    • 288 Words
    • 2 Pages

    Case Essay: The Texas Vs. Cobb

    In the Texas vs Cobb case a man named Raymond Levi Cobb was first arrested in 1994 and confessed to a home burglary. In this process he denied that he killed the woman and child in the home but later confessed to his father which his father then went to report this to the police. Even though Cobb later waived his Miranda rights and confessed he was still indicted and sentenced to death. Cobb argued to the Texas Court of Appeals that after his confession he was denied his right to counsel because his request for an attorney wasn’t renewed after the burglary case. The Court later said that the right to counsel carries onto the reason charged if any other offenses are closely related to the case. It was then declared with a five to four vote under…

    • 288 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Case Study: Draper V. United States
    • 874 Words
    • 4 Pages

    Case Study: Draper V. United States

    A graduate from WIU notified the police about a child being beaten. The graduate student then gave the officers the home address of where the reported abuse was coming from. Officer Gung Ho and his partner Nab went to the home they were notified about. Police knocked on the door and Ms. Smith answered. Police explained why they were at her place of residence and Ms. Smith invited the officers in and called for Sam, the child. A man named Joe Thug, and Sam both came out of an upstairs room. Thug started yelling at the police to get out of the house unless they have a warrant. Officers told Thug to remain in the room, but as he did so, Officer Ho noticed what appeared to be “cigarette burns” on Sam’s arms. Officer proceeded upstairs after Joe…

    • 874 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Smith V. Sate Case Study
    • 800 Words
    • 4 Pages

    Smith V. Sate Case Study

    Answer: The hearsay rule prohibits statements made outside of court to be offered as proof, in admitting evidence. However there are exceptions to the hearsay rule, which includes statements made in 1) excitement utterance, this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression, statements made during or right after the declarant perceived it. 3) There are various records rules; such as public records which are marriage, death, and birth if reported to legal office, observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior…

    • 800 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Supreme Court Case: Branzburg V. Hayes
    • 165 Words
    • 1 Page

    Supreme Court Case: Branzburg V. Hayes

    Branzburg v. Hayes was the only ever supreme court case to deal with reporter’s privilege. The ruling of this case was that reporter’s had no right to hide their sources in a court case. The chief justice at the time,Warren Burger, made a point that reporters, “like other citizens, [must] respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial (Fargo,2010).” With a decision that was five for and four against, this case was not an open and shut many thought it to be. Calling into play a look at the first amendment and what it really means when it says the freedom of speech. Interpreting a document that is more than two hundred years old is not an easy task to accomplish, having to combine…

    • 165 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Missouri v McNeely
    • 483 Words
    • 2 Pages

    Missouri v McNeely

    A Missouri police officer stopped Tyler McNeely after observing it exceeding the posted speed limit and repeatedly crossing the center line. The officer noticed McNeely’s bloodshot eyes, his slurred speech, and a smell of alcohol on his breath. McNeely performed poorly on a battery of field sobriety tests, and he declined to take a Breathalyzer test. When McNeely indicated he refuse a breath sample for testing, the officer took him to a nearby hospital for blood alcohol test. The officer explained to McNeely that under Missouri’s implied consent law, refusal to submit voluntarily to the blood test would lead to an immediate one-year suspension of his driver’s license and could be used against him in any future prosecution. The testing of the blood indicated that the blood alcohol level was significantly above the legal limit. McNeely had challenged the blood test evidence claiming that there should have been a search warrant before ordering a blood sample.…

    • 483 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Texas Vs. Johnson: A Controversial Court Case In American History
    • 703 Words
    • 3 Pages

    Texas Vs. Johnson: A Controversial Court Case In American History

    A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti – Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventing the breach of peace; consider the flag a symbol of national unity. At Johnson's court trial, he was convicted of aiding, abetting and encouraging the burning of the Texan flag. This, in turn, made Johnson guilty under Texas state law.…

    • 703 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    Sex-Drive Reducing Medications of Sex Offenders
    • 1556 Words
    • 7 Pages

    Sex-Drive Reducing Medications of Sex Offenders

    In the 1950’s the judicial system believed that those individuals who committed a sex crime as a person who suffered from mental issues. They attempted to rehabilitate those who committed sex crimes, but they were never successful. For almost 30 years, some sex offenders have been prescribed medications, only after their consent, in order to reduce their sex drive (176).…

    • 1556 Words
    • 7 Pages
    Better Essays
    Read More
  • Better Essays

    Probation: Prison and Community Corrections Movement
    • 1929 Words
    • 8 Pages

    Probation: Prison and Community Corrections Movement

    There are three theories or models of criminal justice. The first is the retributive theory, the second is the rehabilitative theory, and the last is the restorative theory. The first basically concerns itself with the punishment of people by putting them in boot camps/prisons or away from people, in order to deter their ways. Such acts instill discipline and fear, which in turn reduces crime. The second one believes that working with these people change their ways reduce crime (The U .S. Penal System: Restorative and /or Retributive Justice).The third restorative theory aims to reintroduce and re-incorporate the persons back into the community after retribution or rehabilitation.…

    • 1929 Words
    • 8 Pages
    Better Essays
    Read More

Related Topics