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Results for “Fourteenth Amendment”

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At least 73 records · Page 4Linked to original sources
PubMed1987

Smith v. Newsome, 17 April 1987.

The Court held, among other things, that the Georgia feticide statute prohibiting the willful killing of an unborn child so far developed as to be called "quick" was not unconstitutionally vague and did not conflict with the holding of Roe vs. Wade that an unborn child is not a "person" within the meaning of the Fourteenth Amendment. It ruled that the mother's interests were in no way infringed upon by the status given to the fetus in the statute.

Abortion, Induced↗
PubMed2003

Sex offender registration and community notification challenges: the Supreme Court continues its trend.

All states and the District of Columbia have passed sex offender registration and community notification laws. While the specific provisions of these statutes vary, all have public safety as a primary goal. The authors discuss two recent cases heard by the United States Supreme Court that challenged the constitutionality of Alaska's and Connecticut's statutes. The laws were challenged as violations of the United States Constitution's prohibition on ex post facto laws and its Fourteenth Amendment guarantee of procedural due process. In both cases, the statutes were upheld. As it has found in challenges to sexually violent predator statutes, the Court emphasized that the registration and community notification schemes are civil and not criminal in nature. The article concludes with a discussion of possible implications for clinicians involved in evaluating or treating sex offenders.

Child↗
PubMed2003

Castration of sex offenders: prisoners' rights versus public safety.

Sexual victimization of children and adults is a significant treatment and public policy problem in the United States. To address increasing concerns regarding sex offender recidivism, nine states have passed legislation since 1996 authorizing the use of either chemical or physical castration. In most statutes, a repeat offender's eligibility for probation or parole is linked to acceptance of mandated hormonal therapy. Future legal challenges to this wave of legislation will probably include arguments that such laws violate constitutional rights guaranteed to the offender by the First, Eighth, and Fourteenth Amendments. When the promise of freedom is predicated on mandated treatment, the clinician must carefully assess the validity of informed consent.

Adult↗
PubMed1992

[The right to treatment of the institutionalized mentally ill in the United States].

In his epochmaking article, Birnbaum proposed that courts should recognize a right to treatment of institutionalized psychiatric patients based on the substantive due process. His proposal was adopted in Rouse v. Cameron as a statutory right. Wyatt v. Stickney decision was the first to hold that there was a constitutionally based right to treatment for involuntarily committed patients. The Supreme Court, though reluctantly, held in Youngberg v. Romeo that the institutionalized mentally retarded were entitled to minimally adequate training, which was drawn in the Fourteenth Amendment.

Commitment of Persons with Psychiatric Disorders↗
PubMed2005

Roper v. Simmons: can juvenile offenders be executed?

In Roper v. Simmons, the U.S. Supreme Court was once again asked to determine if the execution of a juvenile, aged 16 or 17 years at the time of the offense, represents cruel and unusual punishment. In a five-to-four decision, the U.S. Supreme Court affirmed the decision of the Supreme Court of Missouri to overturn the death penalty of Christopher Simmons and held that the execution of juvenile offenders violates the Eighth and Fourteenth Amendments.

Adolescent↗