Reading Questions, The DeShaney Case, pp. 82-144.
Please answer the following questions in no more than a single page of typed text.
1. What is the strongest argument you can construct to support the proposition that the 14th
Amendment should provide stronger protections for a child such as Joshua?
I believe that the state should work on providing alternate forms of custody due to the
idea that the household he currently is in is unstable, and unfit to raise a child in. The state
should have more power in regards to this, in order to protect Joshua. The single social worker
with limited power should not be the only line of defense keeping Joshua from his abusers. The
state should be held accountable for their failure to protect children from abuse, but should also
be granted more power to counter it.
2. What is the strongest argument that you can construct against that proposition?
The state cannot be held accountable for every action their citizens take, and cannot be
expected to uphold and defend every single case within the state. It is not only unfeasible, but
can be seen as a gross overuse of power in the eyes of parents, who would feel monitored by
the state. The state also being held accountable for the actions of individuals sets a dangerous
slippery slope for the state, causing it to be blamed for the actions that it didn’t directly have
influence in.
3. Accepting the Supreme Court opinion in this case, would you propose any changes to
Wisconsin law to govern situations like Joshua’s? Why or why not?
I believe that there should be more in the way between Joshua and his abusers. CPS
should not just be sending a single social worker. Even if one argues the lack of resources that
these social workers have, they should have less constricting limits when noticing child abuse.
Having only one person with limited views be calling the decisions is irresponsible, and would
make it significantly more difficult to achieve justice.
