The case of Cassandra vs Connecticut state is about Cassandra, a teenager from Connecticut, who was diagnosed with Hodgkin lymphoma, a type of cancer. Cassandra refused to get chemotherapy for Hodgkin lymphoma deeming the treatment itself as poisonous. Casandra’s mother, Jackie Fortin gave up on convincing her daughter to get chemotherapy and respected her decision. So, Cassandra and her mother often missed their medical appointments. Cassandra’s doctor reported Casandra’s mother, Jackie Fortin, to Department of Children and Families for neglecting her child for avoiding cancer treatment which would be highly fatal to Cassandra. So, Cassandra was taken from her mother’s home to be placed under state’s custody. Then, Connecticut’s supreme took …show more content…
Kant’s deontological ethics states that an action should be done with good will and for the sake of duty. In this case, Cassandra’s mother, Jackie Fortin allowed daughter to take her medical decision after attempting to convince her daughter who wasn’t mature enough understand chemotherapy was not as dangerous as cancer. According to Kant’s deontology, Cassandra mother, Jackie was morally wrong for allowing her immature daughter Cassandra to make her medical decision because Cassandra didn’t understand that chemotherapy could save her life and perceived it as being poisonous only and Jackie gave in to Cassandra’s decision after trying to convince her daughter while she could seek help for her daughter. This indicates that Cassandra’s mother was not morally wrong but also illogical because she was letting her daughter die when she could be cured. Because of Jackie Fortin’s incompetence in convincing her daughter, state got custody of Cassandra from her mother after Cassandra’s doctor reported that Jackie was neglecting Cassandra. Then, Cassandra’s decision about chemotherapy was made by the supreme court of Connecticut. Connecticut’s supreme court ruled in favor of the state, authorizing the state to force Cassandra to get the treatment. Cassandra was strapped to the bed and forcefully given treatment going against her wishes. Analyzing states' action from the Kant’s deontology state didn’t have ill will to do any harm to Cassandra neither did they have any selfish motive behind forcing her to getting chemotherapy. This shows that the states’ action can be justified by Kant’s deontology because the state was forcing Cassandra to get
It is fathomable that it is an exceedingly difficult position to face and the decision the judge came up was equally challenging, however, there must be an alternative resolution. Whether we look to deontological the inquiry ethics and ethical decisions based on an emerging behavior the manner on this court case shed light on what is deemed “right” or the other hand who is honestly worth protecting. I have to irradiate that Immanuel Kant the German philosopher statement applies in this court case, “that all consequentialist theories missed something crucial to ethics by neglecting the concept of
Mapp v. Ohio Throughout the last 70 years, there have been many cases that the U.S. Supreme Court has decided upon leading to many advancements in the U.S. Constitution. Many of the cases have created laws that we still use today. In the case I chose, Dollree Mapp was convicted of possessing obscene materials, four little pamphlets, a couple of photos, and a little pencil doodle, after an illegal police search of her home for a suspected bomber. No suspect was found, but she was arrested.
Mapp vs. Ohio On June 19, 1961, the Mapp v. Ohio case was taken to the U.S. Supreme Court in Washington D.C. The situation addressed in court was a violation of the Fourth Amendment. The Fourth Amendment states that people have the right to be secure in their houses, and it forbids unreasonable searches and seizures.
It was Ricky Franklin Smith fourth offense, in which he was known as a habitual offender. He pleaded guilty to a charge of breaking and entering. During his hearing in the Court of Appeals, Smith suggested that he deserve a resentence due to the fact his charges was base upon his expunged juvenile criminal record. The Court of Appeals referred back to the case in People v. Price, 172 Mich App 396, 399-400; 431 NW2d 524 (1988) that suggested that in pursuant to MCR 5.913 when a juvenile record is expunged it cannot be used in a sentencing. Whereas, People v. Jones 173 Mich App 341, 343;433 NW2d 829 (1988) states that an expunged juvenile record can be included in an investigation report and in a sentencing(People v. Smith, 2017).
In the case of Booth versus the state of Maryland, John Booth was convicted of murdering an elderly couple. In 1983 Booth and an accomplice brutally murdered an elderly couple, Ira and Rose Bronstein, in their home. Booth was subsequently apprehended, charged, and convicted by a jury of two counts of first degree murder. The State requested the death penalty. He chose to have the jury determine his sentence instead of the judge.
The spirit catches you and you fall down: A Hmong child, her American doctors, and the collision of two cultures by Anne Fadiman illuminates the dilemmas, as well as barriers, persons of various cultural backgrounds can encounter daily, specifically when residing in a foreign habitation of different practices, perspectives and beliefs. This book highlights the difficulties one family must face during a clash between Hmong family cultural beliefs and western medicine. Fadiman (1997) brings our attention to these harsh realties that one can encounter when persons are unintentionally culturally incompetent through sharing the story of the Lia Lee and her parents, Nao Kao and Foua, who look for guidance from western doctors to assist their spiritual
Justice Oliver Wendell Holmes, Jr. once used the metaphor of a “magic mirror” to describe the law because it reflects the assumptions, attitudes, and priorities of each generation. In the mirror of the law, he said, “. . . we see reflected, not only our own lives, but the lives of all men that have been. ”The cases Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey played a major role and impacted the foundations of American History allowing rights to women as citizens upon the topic of abortion. The choices of our lives should be a personal choice, not a law, similarly, a woman's right to keep their baby or abort their baby should be a personal choice.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
The first individual right under the health care system is "rights related to receiving services provided under healthcare, health financing, or health insurance laws. An example of this right is the Patient Self Determination Act. This act is a federal law that requires health care organizations, such as hospitals and nursing homes to provide information on advance directives, must ask you whether you have an advance directive, and provide information of your rights under state law, such as the right to refuse treatment. This law ensures that a patient 's right to self-determination in health care decisions is communicated.
When Norma L. McCorvey heard the news that she was pregnant with her third child at 21 years old, she attempted to get an abortion, under the story that she had been raped, as in accordance to Texas law, abortion is legal as long as the pregnancy occurred due to rape or incest. Her plan ultimately failed and she was denied the abortion, so she went to court under the alias of Jane Roe, alongside her attorney ’s Sarah Weddington and Linda Coffee.
Colin Newmark was diagnosed with cancer. The cancer was life threatening. His parents were Christian Scientists and refused to consent for chemotherapy for Colin. Their refusal was protected under State Law as it exempted parents from the neglect and abuse statutes if the refusal was supported by medical reasons. The plaintiff, Child Protective Services petitioned to continue treatment for Colin.
After reading this case I was terribly shocked about the fact that something like this could happen in our medical history. I couldn’t believe how a patient could be neglected so much. Based on the material that we have learned the lack of ethical theory of deontology in Dr. Evan was disturbing. As a doctor Dr. Evan’s role is to care for patients, keep them away from harm and prolong their life. Though in the trial he stated as if he didn’t care.
Hypothetical imperatives are duties that people ought to observe if certain ends are to be achieved. Categorical imperatives are the absolute and universal laws that guide moral actions. Kant believed that moral actions must be based on unconditional reasoning. Kant’s deontological principles of hypothetical imperatives and categorical imperatives have significantly influenced the medical field.
If you asked a pregnant woman whether she could will that other women could have an abortion and she replied with “yes”, then it would be okay for her to have an abortion. If “no” then it would be immoral for her to have an abortion. As one can clearly see, the two deontological/Kantian theories have a big grey area. Using Kantian theory, someone who regards abortion as immoral, therefore cannot morally kill in self-defence, according to
Margarita Rodriguez Philosophy of Nursing Millers College of Nursing October 16, 2015 How does deontology relate to an individual nurse?s professional practice of nursing? According to the American Nurses Association, Deontology, an ethical theory founded by Immanuel Kant, applies judgments based on the underlying morality, or the rightness or wrongness of an action. It is based upon adherence to rules.