Tennessee v. Garner

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Satisfactory completion of individual case brief summaries will require the following:
1.Title of case: Tennessee v. Garner
2. Briefly summarize the origins of the case. How did this case come to light? What path resulted in the case being heard at the highest levels?
3. What is the legal “issue” under examination?
4. What is the court’s holding/ruling/decision?
5. Discuss both majority and dissenting opinions (if applicable).
6. How has this case impacted the criminal justice system/law enforcement

 

Sample Solution

Tennessee v. Garner

Tennessee v. Garner, 471 U.S. 1 [1985], is a civil case in which the Supreme Court of the united states held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger.

There was a three level prompt system with a stimulus fading strategy where the teacher presented the word card(s) between the child and the item, after the child made an initiation (McGee et al., 1986). Generalization probes occurred throughout the baseline and after every fifth session, along with changes in the types of stimuli (McGee et al., 1986). For example, changes in the font style and font size were made on the card (McGee et al., 1986). The results exhibited that incidental teaching yields generalization to functional reading and comprehension skills; therefore, indicating that incidental teaching is a valid procedure to use for other skills other than vocal communication (McGee et al., 1986). McGee et al. (1983) discussed that incidental teaching is a procedure that can teach language skills and other adaptive skills concurrently. These skills could include meal preparation, leisure activities, or self-care skills (McGee et al., 1983).

Incidental teaching is a very popular procedure among communication and has been proven very effective. It expands on the child initiation, so it is a good method for the child to understand the context of the word and/or phrase. However, not all children with autism make initiations that show clearly what they prefer or want, so it is difficult to use incidental teaching. Therefore, McGee et al. (1983) developed a modified incidental teaching procedure that is based on the principles of the standard incidental procedure, but it is aimed to increase the receptive language skills of autistic children who have severe language delays. The children who have severe language delays do not initiate interaction by language or gestures (McGee et al., 1983).

Two children were both in a Teaching Family Model group home and

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