The Supreme Court Case Of Buck Vs. Bell

1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.

There are several cases that have gone through the United States Supreme Court where prosecutors have not disclosed evidence to the defense, that could in turn help the defense’s case such as in the case of

As children, we have all stepped that “boundary” between right and wrong. From stealing money to shoplifting to fighting, we have all made our parents frustrated, made poor decisions, and perhaps, even made a egregious mistake. However, when does stepping that “boundary” become irremediable? Can the government punish minors under the same criteria they do with adults? And most importantly, what does the United States Constitution say? These are all questions that both the Missouri Supreme Court and the United States Supreme Court had to consider when they dived into the case of Roper v. Simmons. To provide a little historical

In 1879, Connecticut passed a law that prohibited the use and education of contraceptives to both married and unmarried women, men, etc. Since this law was said to be seldom enforced, a Planned Parenthood in New Haven, Connecticut decided to take the risk. The executive director of Planned Parenthood League of Connecticut, Estelle Griswold, and a doctor and professor at Yale Medical School, Dr. C. Lee Buxton, were arrested, found guilty, and fined $100 each (equivalent to about $750 U.S. today) for counseling a married couple about contraceptives and prescribing birth control to the wife. They appealed to the Supreme Court of Connecticut, where the Connecticut court upheld their conviction. Griswold and Buxton appealed to the Supreme Court of the

Buck versus Bell 274 U.S. 2000 (1927) was the United States Supreme Court ruling that upheld a statue instituting compulsory sterilization of the unfit, including the mentally retarded “for the protection and health of the state.” (Holmes) It was largely seen as an endorsement of negative eugenics which is the attempt of science to improve the human race by eliminating “defectives” from the gene pool. (Elof) Paul Lombardo argues (in N.Y.U. Law Review, April 1985, 60(30):30-62) that the Buck case was a milestone in government power over individual rights. (Lambardo) In his essay “Carrie Buck’s Daughter: a popular, quasi-scientific idea can be a powerful tool for injustice,” Stephen Jay Gould attacks

House v. Bell was a prominent supreme court case in 2006 that challenged the validity of allowing new DNA forensic evidence that will become available to the case after the individual is convicted, in death penalty case reviews when the claims failed to follow state law. The case found that allowing new DNA evidence is allowed under Schlup v. Delo. This court case allows cases to be reopened if new evidence is found. House v. Bell can also be found under the case citation of 547 U.S. 518.

The central issue upon which the Supreme Court based their decision was in regard to the best interests of the child. They looked closely at the nature v. nurture argument, ruling that her psychological parents, the Racine’s, were capable of providing a healthier environment than her biological mother, Mrs. Woods. When looking at this case from a solely legal perspective, it is clear that the Court made the correct choice, considering Mrs. Woods’ ongoing battle with substance abuse coupled with her abusive relationship. However, this case, as with many could not be looked at simply from a legal perspective. Complex cultural aspects are embedded within the case that had to be considered in order to properly gauge the decisions and the effects of that decision. In the past, children were automatically placed with their biological parents or relatives, which, was viewed as standard procedure within the legal framework. Societal norms have progressed in such a way that allow for a more activist

In the state of Kansas between 1913 and 1961, Kansas practiced forced sterilization on mentally unstable women.” In addition to laws regarding sterilization, several marriage restriction bills were proposed in Kansas as part of the eugenics movement. Although they were never enacted as state law, marriage bills were proposed in 1915, 1917, and 1927, demonstrating the popularity of eugenic ideals.” (University of Vermont…Kansas). Dr. F. Hoyt Pilcher performed 150 sterilization in the Kansas State Home of the Feebleminded. Between the years 1913 and 1916 there were 1,274 women sterilized in Kansas. In the year 1921, sterilization in Kansas was at its all-time lowest. Between the years 1950 and 1963, sterilization in Kansas was at its peak. It is

The Supreme Court decision in Buck v. Bell displays some clues to the values of early twentieth century American society. The interpretation of the 14th Amendment of the United States Constitution is the lynchpin of the decision, and the values of the court can be derived from it. In this essay I will demonstrate that the ambiguity of the Amendment in question has significant consequences, the ethics of the interpretation of the Amendment is derived form the paternalistic nature of the Constitution, and that equality of the law is subservient to the desire for a homogeneous and comfortable cultural environment.

Contrary to Kitcher’s minimalist model that constrains eugenic decisions only to avoid neurological diseases, Gregory Stock’s position in the debate defends maximalist eugenics in which individuals have total free eugenic decision-making, including enhancement, without any state coercion. He wants readers to accept and adopt such a position by arguing that genetic engineering such as selecting and alternating embryos is an inevitable future and human destiny (7, Stock, CC p.279). For example, if redesigning humans became commonplace, Stock reasons that parents would give their children endowments they desire but could not otherwise obtain and thus further expand life’s possibilities to the next generation (8, Stock, CC p.276). In this society, people’s genes would become an embodiment of their parents’ values and preferences. People would arguably want such endowments since they would view modifications as beneficial in

In California, the state with a eugenic programs so intense that it even inspired the sterilization programs in Nazi Germany, the racist controlling image of the reckless breeder was even more pronounced. The Eugenics program of California is reported to have been responsible for 20,000 eugenic sterilizations taking place in state institutions, a staggering number in comparison to the total recorded eugenic sterilizations in the United states which is reported to be 60,000 including California. Mexican American women were possibly one of the greatest targets of California’s Eugenics program which described Mexican Americans as “the states foremost racial problem” (Lira and Stern 15). A 1930 California population census found Mexican Americans

Carrie’s baby was only eight month old when they claimed that she was not a normal baby due to the fact that Carrie and her mother were feebleminded. Dr. Priddy believed that if they were to let Carrie be sterilized then it would most likely remove more feebleminded offspring’s which can decrease her chance of having a feebleminded baby (Buck v. Bell, 2006).

In contrast to the "negative" eugenics position of the state of Virginia, involuntary sterilization laws emphasizing breeding restrictions for society's "unfit" neither benefit the welfare of the individual nor that of society for several moral and legal reasons. The legal validity of these involuntary sterilization laws would be challenged within the Supreme Court case of Buck v. Bell. In September of 1924, at the age of eighteen, Carrie Buck, an illegitimate daughter of an allegedly feebleminded woman, was admitted to the Virginia's State Colony for Epileptics and the Feebleminded. Six months earlier, the Virginia State Legislature decisively passed their involuntary sterilization bill authorizing the Superintendents of five state institutions to petition for the permission to sterilize inmates. Buck, who had a mental age of nine and an I.Q. of about fifty, had already given birth to an illegitimate child herself, who was allegedly feebleminded as well. At the time, the Superintendent of the State Colony, Dr. A. S. Priddy, petitioned for permission to sterilize this woman for fear that Buck would have more mentally defective children. The statute had provided that each Superintendent needed to receive permission from a special Board of Directors of that institution, who would hear the grounds for sterilization and determine whether or not to follow through on the operation. Priddy faced immense pressure from state officials to petition for sterilization, as

Sterilization "on eugenic grounds" (Lombardo 1) was not legalized until 1907 in Indiana, but doctors across the nation practiced the procedure illegally before even then. Generally, the patient didn't know about the sterilization until after the act was done, at which point they were informed of their "feeblemindedness" or other social disorder. Within 17 years of the law being instated, a recorded 3000 people were sterilized, and thousands more suspected off the record. The range of reasons for being sterilized was infinite, ranging from genuine mental disorders such as schizophrenia, to things as pointless as "excessive masturbation" (Selden

The birth of a child is supposed to be a time of joy, the uncertainty of life leads to this one point in time. Will she or he be the next president, a star athlete, a genius or just fall into the crowd as another citizen. With recent advancements in science, this uncertainty has become a thing of the past. The human being is now seen as a commodity and no more is valued in the uncertainty of individuality. The parent can now choose how they want their child to come out or develop into. Sandel’s book The Case Against Perfection: Ethics in the Case of Modern Eugenics is a well researched look into examples of modern eugenics and the problems that arise from it. These topics range from the ethics of cloning, athletes using performance enhancing drugs, and other practical uses in everyday life. Sandel’s argument is that there is value in human nature (even with all its flaws), and genetic engineering will forever change human nature. Destroying the very essence of what it is to be human and scarring humanity. The main features of human nature that will be altered: are responsibility, humility and solidarity.