Case Law Essay Example | Topics and Well Written Essays - 1500 words

Case Law - Essay Example The focus of this report will be to examine the two decisions to discover the inconsistencies and assess the reasons for them. The basic issue at stake in both the cases is that of defining the extent of individual liberty and freedoms that may be exercised under the constitutional amendments to the Constitution in the context of the wider moral framework of public morality and codes of behavior. The suit was brought by defendant Hardwick who was charged by the Georgia State Government for criminal violation of the state’s statute that criminalized sodomy. Hardwick challenged the constitutionality of his criminal conviction, since it violated his fundamental rights. The District Court supported the State’s position but the Court of Appeals reversed the decision. However, the Supreme Court upheld the constitutionality of the Georgia statute. In connection with the issue of fundamental rights of the defendant, the Court stated: â€Å" None of the fundamental rights announced in this Courts prior cases involving family relationships, marriage, or procreation bear any resemblance to the right asserted in this case. And any claim that those cases stand for the proposition that any kind of private sexual conduct between consenting adults is constitutionally insulated from state proscription is unsupportable† [pp 190-191] The Supreme Court supported its position by quoting the case of Stanley v Georgia3:†Ã¢â‚¬ ¦..the fact that homosexual conduct occurs in the privacy of the home does not affect the result.† (pp 195-196). During the period when this case was prosecuted in the courts, most states had laws that criminalized homosexual behavior between two consenting adults even if it was carried on in the privacy of their bedrooms and the decision reflected the predominant view of the majority of Americans about the illegality of homosexual behavior. A 5-4 majority in the Supreme Court upheld Georgia laws on sodomy which criminalized the act on grounds of

HS610 Week 7 Conference Essay Example | Topics and Well Written Essays - 250 words

HS610 Week 7 Conference - Essay Example xlvii). It simply means that risk assessment and management efforts entail assuming a proactive stance to prepare through awareness, prevention, protection, response and recovery measures (Kamaien, 2005). In an article written by Healy (2011), the possible futures of cyber conflict and cooperation reveal the extend and degree of vulnerabilities and threats of cyberwar; thereby, recommendations have been divulged to include â€Å"quickly patching vulnerable or infected computers, making it difficult for attacks to transit the core networks, and engaging in a dialogue with international partners to find areas of common concern and mutual action† (p. 6). The efforts to engage in continuous dialogue prove that there is a need to monitor and regulate activities in the Internet to avoid damage to users. Finally, in a published report by the Homeland Security (2011) on â€Å"Blueprint for a Secure Cyber Future†, it was emphasized the cyberspace poses the most serious threat to national security; therefore, in line with the vision of securing cyberspace more effectively, it was disclosed that â€Å"regulatory agencies will have the tools and staff needed to ensure that regulated entities implement appropriate security measures† (p. 5). As such, the efforts to regulate diverse activities and information in the Internet have been acknowledged to be eminent to make cyberspace ultimately secure. Healy, J. (2011, December). The Five Futures of Cyber Conflict and Cooperation. Retrieved July 13, 2012, from Atlantic Council: