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On the United States from the case to see

Author: Dr. Source: Unknown Date :10-08-14 Visit: times Paper Keywords: justice; basic principles; due process; political justice Abstract: Justice from the traditional common law and case law practice, the judicial officials, often through case selection and technique to reconstruct the difference between a precedent and interpretation of statutes; by different interpretations of ambiguous words to express the values; through circuitous means and technical language to achieve fairness and justice principles. However, application of the principle of fairness and justice from the ruling literally can not acquisition, is required in some cases repeated the intention of the legislators and judicial scrutiny of the situation in order to clear the discerning. A typical case can be analyzed by the U.S. United States based on common law tradition and the case law system in its concrete development of the law behind the rules, and These principles are sometimes clearly identified, in the form of legal principles to leap off the paper; sometimes presumed to judge based on reasonable criteria and to explain and clear legal rules; sometimes no obvious signs of the text, only in the concept of judicial of the judicial process of the application and interpretation of the choice of law plays a sneak Mohua role. These principles namely, the alleged author of They not only can be used to explain the specific legal rules,franklin marshall soldes, and when the lack of specific legal rules,franklin marshall femme, is not clear or does not meet the most important values, they can direct the general guidelines as a decision to become the basis for the referee. However, the typical case in the United States, there are still a number of seemingly abandoned the In this paper, case study approach to explore the American justice strictly use. A Case Description: Josiah Josiah Di Shali child abuse case is beaten by his father and a permanent injury or boy. Wen Nei Beige District Court was the first time that Josiah Di Shali abuse in January 1982, when the temperature Nei Beige County Department of Social Work (the DDS) and the parent interview, but his father denied the allegations. DDS did not get to the bottom, January 1983, Josiah and abuse. Three days later, DDS to discuss the issue of Josiah, and his father signed an agreement with the commitment. Since the DDS suggested, a juvenile court dismissed the case. 1 month later, emergency room staff suspected of Josiah has been beaten. In the next six months, DDS once a month to visit his home, in this period. Josiah is still subject to abuse, November 1983. Josiah and because of abuse but was taken to hospital. After, DDS staff has visited the home of Josiah twice, but were told not to meet Josiah sick. DDS has taken no action. March 1984, 4-year-old Josiah was beaten into a coma threat, there may rest of his life in hospital. His father Randy Di Shali by the court convicted of the crime of child abuse. Therefore, Josiah and his mother filed suit alleged DDS and his staff did not follow the law to take measures to protect procedural fairness abused by the father of Josiah from the district court ruled that the defendant not guilty, the plaintiff refused to accept, until the appeal to the Supreme Court. Supreme Court ultimately upheld decision. Second, the case of debate case in the Supreme Court caused a big controversy, dispute their differences obvious. Leikunsite other judges that the due process clause does not literally require the state to exercise a positive obligation to protect. c as a right granted to government assistance,ralph lauren paris, even if such assistance in saving lives, liberty, or property when necessary. Only when the state restricts the freedom of individual behavior (such as imprisonment, accommodation or other similar acts), especially when the deprivation of liberty only when you can just start the program the terms of individual protection. In this case, this situation does not exist. Therefore, they believe that DDS staff behavior is legitimate and does not violate the terms of procedural fairness. And Breland, such as Justice Marshall disagrees. They believe,christian louboutin boutique, according to the laws of the state, on whether to take action to protect children from abuse issues, DDS has the final decision. DDS if ignored child abuse, other institutions can not be repaired. The DDS is the state's abuse at the time that Josiah was still handed him over to his father, should have been involved in the DDS that Josiah's life, and in fact that he is in a dangerous situation. It is this proactive intervention, so that the state has the responsibility to Josiah was a dangerous time to give relief. Three cases resolved This is a place in 1989 on In this case, the Supreme Court and Court of Appeal's unanimous. Final determination of DDS and the staff does not violate due process requirements of the law. Our intuitive feeling is that his father suffered a violent destruction of the poor child, unable to seek the protection of the Constitution, no reason to be just abandoned. However, this case whether, as we have seen, the judge in the decision abandoned the More articles related to topics：


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