PLS 460 Buck v Bell

PLS 460 Buck v Bell - U.S Const amend XIV The court held...

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Buck v Bell 274 U.S. 200 CASE SUMMARY PROCEDURAL POSTURE: Plaintiff in error, an inmate in a state institution, sought review of the judgment of the Supreme Court of Appeals of the State of Virginia, which affirmed an order for defendant in error, the superintendent of the state institution, to sterilize plaintiff in error by performing a salpingectomy operation. OVERVIEW: Defendant in error, the superintendent of the state institution, sought an order for the sterilization by salpingectomy of plaintiff in error, an inmate in a state institution. After a hearing, the state trial court ordered that plaintiff in error be sterilized. The state supreme court affirmed the sterilization order, and plaintiff in error sought review. The court affirmed and held that the statutory hearing procedure provided due process under
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Unformatted text preview: U.S. Const. amend. XIV . The court held that the state could properly sterilize those determined to be feeble minded to prevent the birth of feeble minded children who might lead lives of crime or indigency. The fact that the sterilization order procedure only applied to inmates in state facilities and not to the general public did not deprive the inmates of equal protection. OUTCOME: The court affirmed the state supreme court's judgment. The hearing procedure provided before sterilization of those deemed to be feeble minded satisfied due process under the Fourteenth Amendment , and the fact that the procedure was limited to people housed in state institutions did not deny the inmates equal protection....
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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