Facts: On November 29, 1994, twelve year old Melissa Middleton was murdered by Daniel Andrew Linton in San Jacinto, California. On November 29, Melissa was sick and stayed home from school. She was instructed by her mom, Linda, to stay in bed and take her medicine. Linda called to check up on her at noon, but Melissa did not answer the phone. Linda just thought that Melissa might have been sleeping. When Linda got home from work that day in the afternoon she unlocked the front door and called for her daughter but received no response. Linda went into Melissa’s room but she was not in there. Everything in the home seemed normal, Linda went into the master bedroom and she saw Melissa sitting…
In court, the defense stated Caylee had accidentally drowned in the family pool. It has been disputed whether this is what really happened or if it is yet another lie given by Casey to defend her innocence. Caylee enjoyed swimming in the pool. But to drown alone she would have had to open the pool deck door by herself, a feat not accomplished by many two year olds. Secondly, she would have had to do so when no one was there to watch her, and there were several people living in the house at the time. If Caylee had drowned, the question remains why the person who found her, most likely Casey, did not call for help. When finding their child facedown in water, most mothers would call 911 in an attempt to save the child. Even if facing a charge of child neglect, it is natural for a mother put her child’s needs ahead of her own, especially given the possibility, however slim, that medics may be able to revive the child. Although the defense claims Casey was frightened into concealing the body by Gregory Anthony, at some point Casey would have realized covering up an accidental death could appear to be murder, unless it was a murder all along. If Caylee had drowned, an expeditious autopsy would have revealed water in her lungs. If she was purposely suffocated by Casey with duck…
Procedural History: At the conclusion of the trial, the defendant chose to move to dismiss on the grounds that the statute is unconstitutional, however, the courts found it unnecessary to pass due to constitutionality of the Ordinance because there is another reason it should be dismissed. The legal elements required to determine criminal accountability must be examined to determine if this case was handled correctly.…
I had never heard of the Andrea Yates case until now. After doing some research I learned that Andrea Yates was a mother that killed all five of her children by drowning them because she believed that if she didn’t her kids were going to go to hell. Andrea had also claimed to be a bad mother and after killing her children she called her husband and the police telling them that “it’s time.” Once the police came Andrea had admitted to everything and told the police that she needs to be punished. She went to trial and then went to a mental hospital.…
Before the supreme court case Plessy v Ferguson was put into action African Americans and caucasians had separate everything, due to racial discrimination. Plessy v Ferguson began whenever a man named Homer Plessy was arrested for sitting in a “white only” car. After going to court multiple times with this case, the supreme court set the doctrine Plessy v Ferguson in place. The doctrine stated that it was constitutional to have separate facilities for both caucasians and African Americans as long as the facilities were “equal”.…
Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.…
The defense believed Casey acted as if nothing had happened when Caylee drowned, due to the events that occurred in her past. Casey was supposedly molested when she was younger by her father, though there was no evidence. The defense said that because she had learned to keep that a secret most of her life, which was what made her keep her daughters drowning a secret as well. The prosecution on the other hand, believed she did it because she wanted her former life back. Casey Anthony had Caylee when she was 22 years old. At that age, people are learning through the actions they make. Adulthood was thrown in her face when she had Caylee. She did not get to experience the life her friends were now having. Therefore, in Casey’s mind the only way to get back the life she wanted was to kill her daughter. Weeks after her daughter goes missing, she goes back to this lifestyle, which in itself is a motive to eliminate her…
WSWS news described this whole trial as a “terrible miscarriage of justice” and I couldn’t agree more. Her husband new she was ill, and mentally not stable, why would you trust her with their children. In my opinion To me the law is very “black and White” meaning If you break the law, you break the law if you didn’t you didn’t. Simple as that, Andrea Yates should have been convicted of murder, all 5 counts. In the state of Texas a person can be found insane if, because of mental illness he/she does not know the crime is wrong. Let’s just say that Andrea Yates for a fact did not know that what she did was wrong, why would she call her husband tell him to come home? Why did she call 911? I don’t know about you guys but when I call 911 is not to tell them good news, it is because something is WRONG. Andrea murdered all her five children, But prosecutors held back two of the five charges so they could try her again, resulting in her being not convicted of murder. Why would the state try her again if the evidence is so clear? They should also let Charles Manson, Ted Bundy, and John Wayne Gacy walk free on account that they were mentally ill too. In my opinion this case has all the sign of premeditated murder, yeah she might have been mentally ill but it doesn’t excuse the fact that 5 innocent children’s life’s are now gone and the…
Upon announcement of this year's National History Day theme: Rights and Responsibilities in History, our group toyed with several topics. Skimming through rights in history, a thought about the mentally ill people, led us to selecting the Rights of the Mentally Retarded. When focusing on research, we came to the realization that the topic was indeed to braud. Our topic was then narrowed down to, The Right of the 8th Amendment for the Mentally Retarded in Prison. We then discovered court cases over the rights of the mentally retarded in prison, and decided that the case that appealed the most was Penry v Lynaugh. Resulting our topic to be: The Right of the 8th Amendment for the Mentally Retarded in Prison: Penry v Lynaugh.…
To conduct a probation search of a home, must officers have probable cause to believe that the probationer lives there? Or will reasonable suspicion suffice?…
The minimum health care standards are intended to insure that the quality of health care services provided to inmate’s correctional facilities is maintained at a level consistent with legal requirements, accepted professional standards and sound professional judgment and practice. Such as: medical and dental diagnosis, treatment and appropriate follow up during “sick call” care consistent with professional standards and sound professional judgment and professional practice; administration of emergency medical and dental care; assessment of the quality of health service delivery on an ongoing basis. No inmate may be punished for requesting medical care or for refusing it.…
As defined from the Merriam-Webster dictionary online, involuntary manslaughter is, “the unlawful killing of a human being without express or implied malice.” According to this definition, what Billy did was not murder, a capital crime, and therefore they should not have ruled him guilty. This was Billy’s first offense to anyone. Charming, young and sweet, Billy never made any evil action or verbal attack…
Tamara Graham and William Thornton were in two completely separate car accidents. In both accidents, two people were killed. Neither of the drivers were at all impaired by drugs or alcohol, however Thornton did not have a driver's license. Graham, a well-off Caucasian 42-year-old woman, received a sentence of probation and community service. Thornton, an 17-year old African American boy, received 30 years in prison.…
Every year, many people go on trial and have court cases for a crime of murder, but the Casey Anthony case was deemed “trial of the century”. According to “Casey Anthony,” June 15, 2008 was when two-year old Caylee Anthony was last seen alive. Casey Anthony, Caylee’s mom, claims that she dropped her daughter off at the babysitter’s home. When going to pick her up, neither the babysitter nor Caylee were anywhere to be found. A month later, on July 15, 2008, Cindy Anthony, Casey’s mother, called 911 and reported that Casey had told the family that she had not seen her daughter for 31 days. On July 16, mother of Caylee Anthony, Casey Anthony was arrested and charged for child neglect. On October 14, 2008 Casey Anthony was charged with first-degree…
mother has a duty to care for her children when born. If she doesn't execute…