Criminal Law Case Report Essay Example | Topics and Well Written Essays - 750 words

Criminal Law Case Report - Essay ExampleShe thus initiated a sound action in order to challenge the constitutionality of the criminal abortion laws in Texas. in that location were additional plaintiffs, however, the facts were quite different than those of Roe. In particular, these plaintiffs were not pregnant and they did not present the uniform moxie of urgency and relevance as existed in the case of Roe. The United State controlling flirt push aside these plaintiffs because they lacked judicial rest and because the issues in their cases were not yet decidable or justiceable. This report, consequently, will focus on the specifics and the legal merits of the case involving Roe. The main questions presented are whether the Texas criminal abortion laws violate certain constitutional principles and provisions.Roe, a occupier of Dallas, Texas, initiated this lawsuit in a federal hail. The defendant was the District Attorney of the county in which she resided. She didnt sue for bills instead she communicate that the federal court issue a declaratory judgment stating that the criminal abortion laws violated the federal constitution and she further requested that the federal court issue an injunction to obliterate the District Attorney from enforcing the criminal abortion statutes. ... Roe was successful as the federal trial court found that the ninth and fourteenth amendments did, in fact, extend to women a fundamental right to decide whether or not to have children. The federal court further decided that the Texas criminal abortion laws were unconstitutionally undefined and that Roe was entitled to a declaratory judgment. A difficulty, however, was that because the criminal abortion laws were declared void, the injunctive relief requested by Roe was dismissed. Neither party was satisfied. Roe appealed from the rejection of her request for injunctive relief and the District Attorney appealed from the annunciation that the criminal abortion laws were u nconstitutional and therefore void.Traditionally, cases are appealed to the United States Court of Appeals for the 5th Circuit. In this case, by contrast, a protective appeal was made to the 5th Circuit and also directly to the United States Supreme Court. The Supreme Court noted some awkwardness with the skipping of the intermediate appellate court, but at the same time noted that it had discretion to review the appeals. Therefore, the Supreme Court proceeded to review the case on its merits. intelligent Discussion The United States Supreme CourtJustice Blackmun was compelled to address a number of preliminary issues preliminary to addressing the constitutionality of the Texas criminal abortion laws. There was a suggestion that Roe did not have legal standing to bring this case because she was not pregnant at certain times during the course of the litigation. The Supreme Court dismissed these arguments by stating that pregnancy is by its very nature a limited condition and that t he legal issues were of sufficient important to