- Paperback: 164 pages
- Publisher: University Press of Kansas (March 2007)
- Language: English
- ISBN-10: 0700614974
- ISBN-13: 978-0700614974
- Product Dimensions: 21.4 x 15.6 x 1.3 cm
- Shipping Weight: 227 g
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Product Details |
Product Description
Book Description
"Poor Joshua!" lamented Justice Harry Blackmun in his famous dissent. "Victim of repeated attacks by an irresponsible, bullying, obviously cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing. . . ." Even so, the Supreme Court, by a 6-to-3 margin, absolved Wisconsin officials of any negligence in a case that had left a young child profoundly damaged for the rest of his life.
Does the Constitution protect children from violent parents? As Lynne Curry shows, that was the central question at issue when Melody DeShaney initially sued Wisconsin for failing to protect her battered son Joshua from her estranged husband, thus violating her son's constitutional right to due process. The resulting case, DeShaney v. Winnebago County (1989), was a highly emotional one pitting the family against the state and challenging our views on domestic relations, child abuse, and the responsibilities-and limits-of state action regarding the private lives of citizens.
The Supreme Court's controversial decision ruled that the Constitution was intended to limit state action rather than oblige the state to interfere in private affairs. It viewed the Due Process Clause as a limitation on the state's power to act, not a guarantee of safety and security, not even for children who depend on the state for their survival. In this first book-length analysis of the case, Curry helps readers understand how considerations of "what should be" are not always reflected in legal reasoning.
Curry brings to light details that have been ignored or neglected and covers both the criminal and civil proceedings to retell a story that still shocks. Drawing on legal briefs and social work case files, she reviews the legal machinations of the state and includes personal stories of key actors: family members, social workers, police officers, child advocates, and opposing attorneys. She then clearly analyzes the majority and dissenting opinions from the Court, as well as reactions from the court of public opinion.
Joshua DeShaney depended on the state for protection but found no satisfaction in the courts when the state failed him. The DeShaney Case offers a much-needed perspective on the dilemmas his predicament posed for our legal system and fresh insight into our ambivalent views of the role that the state should play in our daily lives.
This book is part of the Landmark Law Cases and American Society series. --This text refers to the Hardcover edition.
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5.0 out of 5 stars (1 customer review)
2 of 2 people found the following review helpful
5.0 out of 5 stars
Well written account of a tragic case., Jun 28 2007
By Vanessa Strange "porph princess" - Published on Amazon.com
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This review is from: The DeShaney Case: Child Abuse, Family Rights, and the Dilemma of State Intervention (Paperback)
I am ashamed to say that I know a few of the people involved in this horrible case. This book is written in a journalistic style, the author depicts the facts with little emotion. She doesn't need to sensationalize the facts, they speak for themselves. I do think the book would've been more powerful if she'd included pictures of Joshua and his abusive father. And the social worker involved. I changed my opinion of some Supreme Court justices after reading this book. The fact that our local social worker's lack of action resulted in leaving an innocent child severely retarded (with half a brain) is so appalling. Someone should be accountable. No one was. Our local police and our local newspaper are also accountable for their support of the errant social worker. "Poor Joshua" and shame on you, the State of Wisconsin and it's social workers.
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