discussion reply post 640

javascript:toggleReadByIcon('_32493037_1')

javascript:toggleFlagByIcon('_32493037_1')\l "

13 hours ago

Lauren Rice

DB 1

Attachment

Collapse

Top of Form 1

The definition of precedents is when past decisions on legal issues in cases that are similar as possible to the current case (Costanzo & Krauss, 2015, pg. 8). It is because of past rulings that certain laws and rules are made. Judges and attoryney's make decision based on cases and ruling that have happened in the past. The book discusses how judges are strongly limited to the decisions they can make based on the doctrine stare decisis. This means let the decision stand. Since new laws are being brought forth, it is new territory for how it can be handled. Such examples are gay marriage and custody agreements. Since gay marriage is becomming more popular and legal in more states, there needs to be more research into what happens with the children that belong to the couples that are together and get a divorce or are seperated. As the times change, so should the laws. This is not saying that laws that are still relevant should be changed as some of them are a necessity. When it comes to gay marriages and child custody it is hard to determine, since these laws are fairly new that same sex marriage is legal. According to Schumm (2005), he discusses how in 2004 Lofton v. Kearney ruled that same sex couples not being allowed to adopt children was not a violation of any due process rights. This was upsetting to those who did want to get married and begin to start a family. This of course was over ten years ago so since then, things have changed. The adoption process is a difficult one, these adoption agencies are trying to find the best fit for children, which is a good thing. Being in a foster home can sometimes not be the most ideal life for a child growing up away from their family. In most cases, these children do not have a choice. It is even harder for siblings to get adopted together. So why not allow a happy couple to adopt a child, regardless of their sexual orientation. When there are no precedents over cases, such as when these same sex marriage laws came about, it is hard to decide how to determine just how to handle it. It is because of these new cases that have no precedents that precedents will be started. The judge will make the decision without bias, that is why he is allowed to be a judge, it is up to His Honor to make the right decision. In conclusion, precedent is important in the court system today. It is how a lot of the cases that are seen before a judge. New laws that are coming into society make it hard to decide when there is no precedents.

References

Costanzo, M., & Krauss, D. (2015). Forensic and Legal Psychology: Psychological Science Applied to Law. New York, NY. Worth Publishers.

Schumm, W. (2005). Empirical and Theoretical Perspectives from Social Science on Gay Marriage and Child Custody Issues. St. Thomas Law Review, 18(2)

Bottom of Form 1