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What assumptions underlie the courts decision that preventive detention is constitutional?
SweetheartDani11
The big assumption in this case (Kansas v. Hendricks) is that there is some distinction between civil commitment and criminal imprisonment. If the Court said that involuntary commitment was criminal in nature, it would have violated the Double Jeopardy clause of the Fifth Amendment (because Hendricks had already been tried and convicted of his crime). However, because the Court characterized the commitment as "civil" in nature, it was able to avoid the Double Jeopardy clause altogether (because it only applies to being tried twice for the same criminal charge).
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∙ 10y ago
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Who make the decision in a constitutional monarchy?
the prime minister
Is detention appropriate for a 12 year old girl to watch?
That is a decision for the adult accompanying them, it's R rated.
What Supreme Court decision outlined the requirements of when the police must advise suspects of their constitutional rights?
Miranda decision
Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?
Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.
What is a hypothetical reasoning?
Hypothetical reasoning is the process of drawing conclusions based on a series of hypothetical statements or assumptions. It involves creating a logical chain of reasoning to explore the potential outcomes or implications of different scenarios. This type of reasoning is commonly used in philosophy, science, and problem-solving.
What effect on the decision making process do mental models have?
They perpetuate assumptions that make it difficult to see new opportunities
After the Supreme Court decision in Pollock v. Farmers' Loan and Trust Progressives sought to create a federal income tax by?
After the Supreme Court decision in Pollock v. Farmers' Loan and Trust, Progressives sought to create a federal income tax by Constitutional amendment.
Do detention centers serve purpose?
Detention centers serve the purpose of temporarily housing individuals who are awaiting a decision on their immigration status or legal proceedings. They also help to ensure that individuals do not evade the legal process or pose a threat to public safety. However, concerns have been raised about the conditions in some detention centers and the impact of prolonged detention on individuals' well-being.
Why is the major assumptions is important?
Major assumptions are important because they provide the foundation for theories or models in a particular field of study. They help to simplify complex systems and guide research, analysis, and decision-making. Understanding and acknowledging these assumptions is crucial for interpreting results and drawing valid conclusions.
Why is detention good for children?
Detention can provide a structured consequence for misbehavior, promoting accountability and discouraging future negative actions. It also offers an opportunity for reflection and learning, helping children understand the consequences of their actions and develop better decision-making skills.
Is communism the same as constitutional monarchy?
In a constitutional monarchy a single family has some limited powers over citizens. In communism all members can be included in the decision making.
Can a legislature overturn a supreme court decision holding a particular statute unconstitutional?
No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.
