Thursday, November 5, 2009

Grand Jury and class notes on school cases, day 1
5th-Grand Jury 1. The story and crime behind the case? 2. What is the outcome if the grand jury finds that there is enough evidence? 3. What if there isn't? 4. What can grand juries do that regular juries can’t? 5. The two types of juries and their jobs- 6. What is “an information” or “preliminary hearing”? 7. Disadvantages to the accused in the use of a grand jury? 4th Block

Ingraham v. Wright (1977)

Summary

Ingraham: kid who’s slow getting off the stage—paddled 20 times—hematoma (bruise that bursts). History of abuse (by administrators).

Opinion: Due Process, 14thAm. Due Process: the steps the government has to take before it takes your life, liberty, or property.

Examples of due process in paddling: steps the school takes—parental permission, informed of the charges. No more than 5 on the butt.

1st Block

Ingam v. Wright(1977)

Summary: Six children at Drew Junior High were getting beat with paddles all over their body by the principal and the assistant pricipals. The kids were being hospitalized and bed ridden for weeks because of the injuries inflicted upon them by the pricipals. One child had to undergo surgery on his head. Six years later Ingram took his case to court against Wright the principal of the school. Ingram lost because his lawyers brought up the eighth amendent. When his case did not have anything to do with cruel and unusual punsihment because it did not happen at sentencing. The Supreme Court said they shoud have used the fourteenth amendment due process, as a defense because Wright did not take steps to inform Ingram of what he did wrong or how many times be was going to get beaten.

Two sides: A. Ingram B. Wright

Winning Opinion: The case has no relation to the eighth amendment, cruel and unusual punishment. The eighth amendment shall only be used during sentencing.

Losing Opinion: The defendant should have used the fourteenth amendment as a defense, due processes.

3rd Block

Goss v Lopez (1975) Diamond, Chico, Jordyn

Summary: 9 students suspended from school for 10 days for destroying school property (food fight). 75 students followed. Only 9 students took it to court.

Two sides: -the students -the principal

3rd Block

Ingram v. Wright (1977)

Summary- At Drew Junior High School the assistant principal wright beat kids with brass knuckles on the back of the head the back and they would carry around bats and wooden paddles. Many kids would get beat. Ingram was whipping something off of his seat when an assistant principal told him to sit down, he took to long to respond so Wright beat the breaks off of him with a paddle. They got a case and brought up the eighth amendment, cruel and unusual punishment, but the court ruled that they used the wrong amendment they should have used the 14th amendment which defines due process.

Sides. Wright (won) Ingram (lost)