Criminal Law Discussion

The most comprehensive element in any discussion about criminal law is the Bill of Rights and the multitude of challenges that have been heard by the U.S. Supreme Court.

In the case of Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) discuss your position on the ruling of the Supreme Court. In general, how does the Supreme Court interpret identity issues? In the case you have chosen, do you feel it was a fair interpretation of the law? Why or why not?

Below is a brief summary. Please make sure to research this case. Make sure to cite your work as well.

Jonas Yoder and several other members of the Old Order Amish religion were convicted and fined $5 for violating a state law requiring school attendance through age sixteen. On appeal, the Amish claimed that the compulsory school attendance law was unconstitutional as applied to them. Invoking the Free Exercise Clause of the First Amendment, they argued that sending their children to school beyond the eighth grade would be psychologically and spiritually damaging to them and would ultimately have a destructive effect on their tight-knit community. The Wisconsin Supreme Court agreed and reversed their convictions. The state of Wisconsin obtained review by the U.S. Supreme Court, which ruled unanimously that the compulsory school attendance law as applied to the Amish was in violation of the Free Exercise Clause.

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