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DeShaney vs. Winnebago County
Transcript of DeShaney vs. Winnebago County
-Joshua Deshaney. 2010. Photograph. The Demon's Den. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://img686.imageshack.us/img686/1656/joshuadeshaney.jpg>.
By: Selina Chu and Kristine Kyaw
DeShaney vs. Winnebago County
The government is responsible for
helping people who get hurt because of the state. However, in Joshua DeShaney's case, he was getting hurt because of his father, not because of something the state did. The government only helps people if they get hurt because of the state.
Is it the Government's Job to
Protect People from All Types of Harm?
Date: February 22, 1989
Ruling: 6 votes for Winnebago County and 3 votes against Winnebago County
Explanation: It is not the state's responsibility to protect people from harm that was not created from the state. It was not part of the due process.
Dissent: The child abuse was a "limitation of his freedom to act on his own behalf".
Long Term Effects: After this case was done,
many people have asked the Supreme Court to look over their decision again and similar cases since it is an important issue. However, they declined many times.
Trends: This case was inspirational for many
people to start writing. Including the book, "DeShaney Case: Child Abuse, Family Rights and the Dilemma of State Intervention" by Lynne Curry.
Location: Winnebago, County, Wisconsin
History of the
History of the Issue
Thanks for Watching!
Justice William Brennan Jr.
Justice Byron White
Justice Harry Blackmun
Justice Thurgood Marshall
Chief Justice William Rehnquist
- Joshua Deshaney was born in 1979
- In 1980, his parents got divorced in Wyoming and his father, Randy Deshaney, received custody
- Randy and Joshua moved to Neenah, a city in Winnebago County, Wisconsin, where Randy entered his 2nd marriage which also ended in divorce
- The authorities found out that Joshua DeShaney might be a victim of child abuse when his father's 2nd wife complained to police during their time of divorce
Justice John P. Stevens
Justice Sandra Day O'Connor
Justice Antonin Scalia
Justice Anthony Kennedy
-Oyez. Oyez, n.d. Web. 21 May 2013.
Randy Deshaney was given custody to his
one year old son, Joshua DeShaney, after his divorce in 1980. However, he has been accused of abusing his son many times and child services never responded and helped. The Department of Social Services finally took action when Joshua was put into a life threatening coma, suffering from permanent brain damage and was profoundly retarded. Then, his mother sued the child services since they never took Joshua DeShaney out of his father's custody.
- During the 1980's, child abuse was at an alarmingly high rate
- In the early 1980's, Congress focused on solutions on how to end child abuse
-In 1983, April was named the first National Child Abuse Prevention Month so that this issue could be promoted across the country
-"National Child Abuse Prevention Month." Child Welfare Information Gateway. N.p., n.d. Web. 27 May 2013. <https://www.childwelfare.gov/preventing/preventionmonth/history.cfm>.
-"DeShaney v. Winnebago County Department of Social Services." Legal Information Institute. N.p., 02 Nov. 1988. Web. 27 May 2013. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0489_0189_ZS.html>.
-Casebriefs. Casebriefs, n.d. Web. 24 May 2013.
-Greenhouse, Linda. "A Second Chance for Joshua." New York Times [New York City]
17 June 2010: n. pag. The New York Times. Web. 23 May 2013.
-"Awareness of Child Abuse." Awareness of Child Abuse. N.p., n.d. Web. 28 May 2013. <http://freespace.virgin.net/jeffnmag.highlands/awareness.htm>.
1979 = 0 Cases
1982 = 7 Cases
1984 = 50 Cases
1985 = 161 Cases
1986 = 900 Cases
-Justice Thurgood Marshall. N.d. Photograph. Thurgood Marshall College. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://marshall.ucsd.edu/_images/thurgood-marshall.jpg>.
-Chief Justice William Rehnquist. N.d. Photograph. Wikipedia. N.p.: n.p., n.d. N. pag. Web. 28 May 2013 <http://en.wikipedia.org/wiki/File:William_Rehnquist_official_portrait_1972.jpg>.
-Justice William Brennan. N.d. Photograph. 99th Congressional-Session. N.p.: n.p., n.d. N. pag. Web. 28 May 2013 <http://99th-congressional-session.wikispaces.com/Judiciary>.
-Justice Antonin Scalia. N.d. Photograph. CyberEsq. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://cyberesq.files.wordpress.com/2010/11/antonin_scalia_scotus_photo_portrait_crop.jpg?w=192&h=240>.
-Justice Anthony Kennedy. N.d. Photograph. TeenJury. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://cyberesq.files.wordpress.com/2010/11/antonin_scalia_scotus_photo_portrait_crop.jpg?w=192&h=240>.
-The Deshaney Case. N.d. Photograph. Exploring Constitutional Conflicts. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/deshaney.jpg>.
-Justice Byron White. N.d. Photograph. Colorado. N.p.: n.p., n.d. N. pag. Web. 28 May 2013 <http://www.colorado.edu/NewsServices/byronwhite/images/bwhite.jpg>.
-Justice Sandra Day O'Connor. N.d. Photograph. NY Times. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://graphics8.nytimes.com/images/2005/07/01/national/01cnd-oconn.184.jpg>.
-Justice John Stevens. N.d. Photograph. American Humanist Association. N.p.: n.p., n.d. N. pag. Web. 28 May 2013. <http://www.americanhumanist.org/system/storage/29/1502/US_Supreme_Court_Justice_John_Paul_Stevens_-_1976_official_portrait.jpg>.
-Justice Harry Blackmun. N.d. Photograph. Revert.Blogs. N.p.: n.p., n.d. N. pag. Web. 28 May 2013 <http://revart.blogs.com/minister_of_rants/images/pol_0122_blackmun.gif