LEGLST 1315 Lecture Notes - Equal Protection Clause, Sexually Transmitted Infection

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megannicole724

4 Mar 2022

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Charged with 11 counts of sexual assault on a minor within a period of 6 months. Was found guilty of all charges except for 1 count of criminal attempt. The four statutes involved in the case violated the equal protection clause of federal. The statutes criminalized that the victim is less than 16 years old and the offender is 4. The commonwealth in this case believed there was no reason to differentiate among defendants based on age. The four statutes/provisions involved in this case where: 3122. 1 - statutory sexual assault. Engge in sexual intercourse with a complainnt to whom the person is under the age of 16 or defendant is 4 years older than the victim: 3123 - involuntary deviate sexual intercourse. Genitals or anus: 3126 - indecent assault. Indecent: not having accepted standards of behavior. Touching of sexual or intimate parts of the person for purpose of arousing or gratifying sexual desire.

Related Questions

Differentiation, Intricacies and Imposition of Taxes

You and your friend Charles study accounting. Your friendstates accounting transactions and transaction taxes are similar.Do you agree? Why or why not?

Compare and contrast the primary purpose of the generallyaccepted accounting principles (GAAP) with the accountingprinciples of the U.S. Department of Treasury. Is it important tounderstand the difference to tax planners? Why or why not?

You get a good salary. However, a major part of your salarygoes into tax. You are constantly exploring ways to lower yourtaxes. Your friend Charles suggested that you can lower youroverall taxes simply by moving to another state.

Which states would you be considering? Why? What are theoptions available in your chosen state to lower your taxes?

Does this hold true for corporations? Why or why not?

Charles says that the IRS institutes statues of limitationsjust like criminal law. You tell him these statues apply only tothe taxpayer, whereas criminal statutes of limitations apply to thegovernment. Who is correct? Explain.

One day Charles comes to you for advice. He informs you he hasjust received a notice from the IRS saying a tax return he filedsix year ago is being audited. He argues the statute of limitationhas expired.

Can the IRS audit Charles's six-year-old tax return? Why orwhy not?

You and Charles visit a sports bar and overhear a discussionconcerning the constitutionality of federal income taxes. Oneperson says the constitution prohibits imposing federal incometaxes.

Do you agree with this statement? Why or why not?

There was a time in America when people did not pay federalincome taxes. What changed this situation?

pearfish832

Business Law by Henry R. Cheeseman Critical Legal Thinking Cases 1.1 Fairness of the Law: In 1909, the state legislature of Illinois enacted a statute called the "Woman's 10-Hour Law." The law prohibited women who were employed in factories and other manufacturing facilities from working more than 10 hours per day. The law did not apply to men. W.C. Ritchie, an employer, brought a lawsuit that challenged the statute as being unconstitutional in violation of the Equal Protection Clause of the Illinois Constitution. In Upholding the statute, the Supreme Court of Illinois stated: It is known to all men (and what we know as me we profess to be ignorant of as judges) that woman's physical structure and the performance of maternal functions place her at a great disadvantage in the battle of life; that while a man can work for more than 10 hours a day without injury to himself, a woman, especially when the burdens of motherhood are upon her, cannot; and that to require a woman to stand upon her feet for more than 10 hours in any one day and perform severe manual labor while thus standing, day after day has the effece to impair her health and that as weakly and sickly women cannot be mothers of vigorous children. We think the general consensus of opinion that a working day of more than 10 hours for women is justified for the following reasons: 1) the physical organization of women 2) her maternal function 3) the rearing and education of children 4) the maintenance of the home Surrounded as women are by changing conditions of society, and the evolution of employment whick environs them, we agree fully with what is said by the Supreme Court of Washington in the Buchannan case; "law is, or ought to be, a "progressive science." **

QUESTION: Is this statute fair? Would the statute be lawful today? Should the law be a "progressive science"?

In Gideon v. Wainwright (1963) Clarence Gideon couldnot afford - and was denied - legal representation in his casebased on the Florida statute that only afforded criminal suspectscourt appointed attorneys in capital cases. The SCOTUS ruled thatunder the 6th Amendment

	A.	the U.S. Constitution does not distinguish between capital andnon-capital crimes under the 6th Amendment's protection for theindividual to "have the assistance of counsel"
	B.	citizens have a right to privacy and Gideon's right to privacywas violated by the police
	C.	Gideon's individual rights are subordinate to the principle ofprotecting the public for the greater good and it is thereforejustified to violate the individual liberties of citizens undercircumstances where the greater good for society is well served
	D.	Gideon had a right to an abortion, to read Huslter magazine andsmoke marijuana
	E.	Gideon was guilty even with legal representation

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LEGLST 1315 Lecture Notes - Equal Protection Clause, Sexually Transmitted Infection

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