According to Montalvo v.Borkovec Court of Appeals of Wisconsin in 2002. “On November 21, 1996, Montalvo entered St. Mary's Hospital in Milwaukee, Wisconsin, with pre-term labor symptoms. An ultrasound revealed that the baby was 23 and 3/7 weeks old, and weighed 679 grams. Attempts to interrupt her labor and delay the birth were unsuccessful. Prior to delivery of the child, the parents executed an informed consent agreement for a cesarean procedure. Dr. Terre Borkovec performed the cesarean section. At birth, Emanuel was "handed off" to Dr. Arnold, a neonatologist, who successfully performed life-saving resuscitation measures.” The baby ended up surviving, however a complaint was made against both of the physicians, Dr. Terre Borkovec and Dr.…
Mr. Jackson, the Appellate, was a mentally deficient deaf. He wasn’t able to read, write or communicate. The Appellate was charged with robbery of two different women. Appellant robbed the women for four and five dollars respectively. Appellant was found to be incompetent to stand trial at an incompetency hearing. The Court ordered Appellant to be committed until he was competent to stand trial.…
1. The Supreme Court Case, MATHEWS v. ELDRIDGE, dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process.…
The court previously establish that the death penalty was inappropriate for the crime of rape in Coker v. Georgia, 433 U.S. 584 (1977), or for those convicted of felony murder who neither themselves killed, attempted to kill, or intended to kill in Enmund v. Florida, 458 U.S. 782 (1982). The Court found that the Eighth Amendment forbids the imposition of the death penalty in these cases because legislatures had recently addressed the matter have rejected the death penalty for these offenders. Moreover, the Court defer the judgments of those bodies. The court ruled 6-3 that executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments, but states can define who is mentally…
On April 6th, 1967 at Boston University in William Baird violated Massachusetts law at the time when he handed a condom and a package of Emko vaginal foam to an unmarried 19 year old young woman. At the time of the incident, under Massachusetts state law “Crimes against Chastity” makes it a felony for anyone to give away a drug, medicine, instrument, or article for the prevention of conception except in the case of (1) a registered physician administering or prescribing it for a married person or (2) an active registered pharmacist furnishing it to a married person presenting a registered physician's prescription. The Massachusetts Supreme Court set aside the conviction for exhibiting contraceptives on the grounds that it violated Baird First Amendment rights, but sustained the conviction for giving away the foam. The law permitted…
A child with disabilities is a major focus in today’s education. Achieving my Bachelors in Special Education, I need to be aware of the need to ensure appropriate education for all children with disabilities. “The education of children with disabilities is a top national priority. Our nation’s special education law, the Individuals with Disabilities Education Act (IDEA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs (National Dissemination)”. This is my biggest challenge. I feel with the right tools and help with administration; my job will guarantee a bright future for my students with disabilities. I came across a case, Irving Independent School District v. Amber Tatro. The findings of this case gave me some insight on the statues and limitations that I as an educator have to abide by. But it also gave me hope that we the educators have the right to make such access meaningful to handicapped children.…
From 1965 to 1980, petitioner Randy Braswell operated his business — which comprises the sale and purchase of equipment, and, timber, and oil and gas interests — as a sole proprietorship. In 1980, he incorporated Worldwide Machinery Sales, Inc., a Mississippi corporation, and began conducting the business through that entity. In 1981, he formed a second Mississippi corporation, Worldwide Purchasing, Inc., and funded that corporation with the 100 percent interest he held in Worldwide Machinery. Petitioner was and is the sole shareholder of Worldwide Purchasing, Inc. (Braswell v. United States, 487 US 99 - Supreme Court 1988, 1988)…
Missouri in 1975. This case is brought to the Supreme Court for review in 1969 where Drope, the Petitioner, and his acquaintances are charged with assisting in a rape and kidnapping of his wife. Once indicted the petitioner files a motion in order to obtain psychiatric evaluation and further treatment; this request is quickly denied. Once on to trial, Drope does not try to deny the claim against him however; his wife attests to acts of strange behavior, anti-social behavior, and recalls an incidence in which he tried to murder her the Sunday before the trial begins. Two days into the trial Drope shoots himself and is hospitalized unable to return, the court decides to continue on the basis that his absence was on this own accord. The case was closed with a jury finding him guilty and sentenced to life in prison. Once sentenced he immediately filed an injunction asking for another trial do to the fact he was deprived of his constitutional rights after not being given a mental competency hearing prior to or during trial. This case is seen by the same judge that has just sat through the previous trial. This motion is discarded upholding the ruling of the previous court, which this verdict is held up in the Missouri Supreme Court as well. Once heard by the Supreme Court they find that there should have been a mental competency hearing ordered prior to trial due to overwhelming evidence of mental instabilities. His suicide attempt should have also caused for a hold on the trial in order for mental competency to be reviewed at that point. Petitioner’s attorney asks for a recess at the time of the shooting and is denied. The court is ordered to proceed without him there; the Supreme Court finds this to be another oppression of his constitutional rights. This is a very good example of the mental competency evaluation and the importance that it plays for patients. Some patients should be in mental rehabilitation’s but are…
Scott Starson, a brilliant physicist has been in and out of mental institutions due to his bipolar disorder. He was lastly admitted again after he made death threats to his roommates and was found not criminally responsible for that offense. His physicians suggested different sorts of treatment for his illness. Scott Starson refused to give consent to the treatment for reason that he had a scientific research to finish and he didn’t want the medications to slow him down. His physicians not finding him competent enough to critically make that kind of decision, brought the case before a medical review board, which afterwards also confirmed that Mr Starson was not competent enough to decide whether to reject or accept the treatment. Mr Starson unhappy with the decision, applied for a review to the Ontario consent and capacity board (CcB) –The CcB’s mission is to fairly review/judge the different consent and capacity issues while balancing both the rights of vulnerable individuals1– In this case they had to review if Mr. Starson had the required capacity to accept or refuse treatment based on the health care consent act.…
In 2004 the case of Deal v. Hamilton County Board of Education was coming to a close after reaching the United States Court of Appeals for the Sixth Circuit in Ohio. Within this essay, detailed examination of this case, along with issues that developed the case, disagreement points, parties involved, and final outcome will be explored. This case was initiated in 1999 and reached the U.S. Court of Appeals for the Sixth Circuit in 2004. The Individuals with Disabilities Act has given parents and caregivers to student’s unparalleled rights regarding their student’s education. This case clearly outlines the difference in the interpretation of these laws and regulations between schools, parents, and even the various levels of courts. The primary issues that brought this case to court were the need for clear interpretation of a Free and Appropriate Education, as well as the school meeting the regulations that were outlined in IDEA (Osborne & Russo, 2007). The final outcome of this case gave more than a decision; in this case not only were the student and parents affected but the school as well. This case identifies the judicial process as well as individual interpretation of the laws regarding educating students with special needs.…
This civil court case takes place in a West Virginia school system located in Taylor County, when a general education high school history teacher failed to follow an IEP for Douglas Devart. During the case Devart and his parents Robert and Virginia ended up using aliases by the names of John Doe, Jane Doe and son D.D. Doe as a deterrent from the public so the family would not endure any additional embarrassment, slander, and/or liable regarding the son’s handicap. The defendants of this case were D.D.’s history teacher Michael Withers, Principal Greg Cartwright, Superintendent Wendell Teets and the Taylor County Board of Education. The following is a sequence of events that happened in chronological order that led up to the trial. Plaintiff D. D. was diagnosed as having a learning disability in the fourth grade while attending Anna Jarvis School in Taylor County. At that time he had been put on an Individual Educational Program (a.k.a. IEP) designed to accommodate his learning disability as required by Public Law 94-142 and implementing federal regulations, 34 C.F.R. 300.130 and implementing State Policy No. 2419, Section 1.3, 1.4 and 2.11, because of his learning disability D.D.’s educational program was adapted to provide oral testing by a learning disabilities teacher in a learning disabilities resource classroom. This accommodation was regularly provided at Anna Jarvis School and Grafton Middle School.…
Bobby Moore pled to the court that he was intellectually disabled and should not be executed. Even though the court agreed with Moore and declared him handicapped and therefore should not be executed for it would violate his Eighth Amendment right, the Court of Criminal Appeals of Texas decided Moore was in fact not mentally challenged. The court concluded this by comparing Moore to an old definition of mental…
Since 1988, I have been active in cases involving the death penalty and offenders with mental retardation. Because of serious concerns about these individuals, and from several experiences in this arena, I have written and coauthored articles on mental retardation and criminal justice, most of which deal with cases of Death Row inmates who have mental retardation. One of these articles (Keyes, Edwards, & Perske, 1997) was subsequently cited by the United States Supreme Court in the Atkins v. Virginia case (2002). No matter one’s opinion about the death…
The Execution of Wanda Jean is a compelling documentary based on a convicted murderess name Wanda Jean Allen who was sentenced to death in 1989 after shooting her lover Gloria Leathers, whom she met in prison while serving for time in prison for another killing. This documentary shows how the state of Oklahoma continues to execute Wanda Jean to the death penalty in which she had a low IQ, bordering on mental retardation. With the help of family, friends and her legal team, Wanda files for clemency but the Clemency Board denies her plea. Although Oklahoma’s decision may seem to be cruel, I think there are many factors in which why she should of received the death penalty.…
The Buck v. Bell case began when Carrie Buck was seventeen and claimed that she was raped by J.T. and Alice Dobbs son and turn out to be pregnant. So when that happened a test revealed that Carrie had da mind of a nine year old which was consider being feeblemindedness. Her mother was also tested and considered to be feeblemindedness because her test revealed that she had the mind of an eight year old. Carrie and her mother were sent to the Colony for the Epileptic and Feebleminded (Buck v. Bell, 2006).…