Law Fish News for 10-19-2018

5 Fun Physics Phenomena

5 Unusual Cases of Child Abuse

Every year, more than 3 million reports of alleged child abuse are made in the United States involving more than 6 million children throughout the country. 1 While child abuse can be committed in a multitude of forms, the punishment for a conviction can be severe. The following cases of alleged child abuse shed light on how vast the realm of this crime is. Ideally, these examples will prevent others from intentionally, or negligently committing an act of child abuse in the future. A North Carolina man, Eric Jackson, and his five brothers were arrested and charged with multiple counts of sexually abusing a child over a 10-year period. 5 Jackson’s parents, who were allegedly aware of the ongoing abuse but did not report it, were also arrested and charged with felony child abuse. In California, being accused of sexually abusing a child is a serious accusation. 

The gamers, Lester and Petra Huffmire, both pleaded guilty to child abuse under PC 270,8 false imprisonment under PC 237,9 and contributing to the delinquency of minor charges under PC 272.10. After the alleged incident, Ky was charged with two counts of child abuse, two counts of second-degree assault, and two counts of contributing to the delinquency of a minor. Had Ky committed these crimes in California, he would have likely faced child abuse charges under penal code section 273a(b), furnishing a controlled substance to a minor under health and safety code 11353(c), assault under penal code section 240, and contributing to the delinquency of a minor under penal code section 272. 17 She could also have been charged with felony child abuse under penal code section 273a(a) and the allegation of causing great bodily harm under penal code section 12022. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending persons charged with child abuse crimes in Southern California. 

Keywords: [“child”,”abuse”,”under”]
Source: https://www.wklaw.com/5-unusual-cases-of-child-abuse/

A Supreme Court of Newfoundland and Labrador judge has granted an unusual publication ban in the case of Jennifer Hillier-Penney, who vanished without a trace almost two years ago. In a Corner Brook court on Friday, Justice George Murphy issued the ban, and noted it applied to all media. Before making his decision, Murphy heard arguments from the Crown, the CBC’s lawyer and a lawyer for Dean Penney, Hillier-Penney’s estranged husband, who supported the publication ban. The RCMP labelled her disappearance as suspicious, but have never identified any suspects or persons of interest. The ban will cease if the Mounties lay charges or publicly identify a suspect. 

Crown attorney Adam Sparkes argued that any identification in the media would compromise the ongoing and active police investigation, risking the administration of justice. Penney’s lawyer, Bob Simmonds, said any identification now would compromise any future trial and inhibit jury selection, if those possible events were to occur. CBC lawyer Amy Crosbie argued against the publication ban. She said the Crown’s fears that a named suspect would compromise the police investigation were too general, and without any substance or elaboration upon those fears, the ban infringed upon freedom of expression. Elaborating on investigation techniques before any charges are laid defeats the purpose of those techniques, Sparkes responded. 

Crosbie said even a narrow ban, such as the one ultimately put in place, compromised the ability of the press to report. If no suspects are named in one year’s time, the ban expires. 

Keywords: [“any”,”ban”,”Hillier-Penney”]
Source: https://www.cbc.ca/news/canada/newfoundland-labrador/publication-ban-suspects-jennifer-hillier-penney-disappearance-1.4861071

10 Controversial Court Cases

­In 2007, the U.S. Supreme Court heard 78 cases on issues including terroris­m, water rights, firearms and immigration. As the hi­ghest court in the land, it serves as the ultimate decider in cases that can alter the law and influence society for generations to come. That decision helped spark the Civil Rights Movement, which changed the course of American history. ­But landmark court decisions such as Brown v. Board are rarely met without debate. 

People on both sides of the aisle may disagree with a judge or jury’s ruling, sometimes boiling over in violence. Although the fundamentals of the American judicial system are centered on the concepts of innocent until proven guilty, trial by jury and due process, the public may not always believe that those tenets were upheld during trials. Each produced some sort of verdict, but the outcomes left many doubtful about whether justice was truly met. 

Keywords: [“Court”,”cases”,”rights”]
Source: https://people.howstuffworks.com/ten-controversial-court-cases.htm

Bill of Rights Institute

In response to the decision many states changed their death penalty systems. Four years later in Gregg v. Georgia, the Court reaffirmed the death penalty as constitutional. The Court noted that there were no rational, objective standards for when the death penalty would be given. A moratorium, or temporary ban, of the death penalty went into effect in the United States. 

In response to the decision, 35 states changed their death penalty systems in order to comply with the Court’s ruling. Four years later the case of Gregg v. Georgia reached the Court. Troy Gregg had been found guilty of murder and armed robbery and sentenced to death. He asked the Court to go further than it had in the Furman case, and rule the death penalty itself unconstitutional. 

There was therefore no Eighth Amendment violation, and the death penalty was constitutional. 

Keywords: [“death”,”penalty”,”Court”]
Source: https://billofrightsinstitute.org/educate/educator-resources/lessons-plans/landmark-supreme-court-cases-elessons/gregg-v-georgia-1962/

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