Question
Provide the jurisdictions that are applicable to the below scenario. Paul Smith, Anthony Klein, Kenneth Driver, and Travis Ballou are students at an exclusive high
- Provide the jurisdictions that are applicable to the below scenario.
Paul Smith, Anthony Klein, Kenneth Driver, and Travis Ballou are students at an exclusive high school located in a Texas suburb.After excessively drinking at a football game, some of the boys decided to engage in a "knockout game" wherein a person attempts to knock out an unsuspecting victim with a single punch.The victim, a 44-year-old man, fought back, at which time some of the boys joined the fray, causing the victim to suffer fractures to his wrist, a broken jaw, and permanent loss of vision in his left eye.Driver has consistently maintained that he took no part in the knockout game and that, in fact, he was so intoxicated at the time that he could barely walk.All four students were subsequently charged with aggravated assault and disorderly conduct.
Smith, Klein and Ballou, who come from wealthy families, were able to arrange for attorneys to be present at arraignment, and to pay the $7,000 bail required to secure their release.Kenneth Driver, however, is the son of a disabled single mother who was admitted to the high school on a financial needs grant.Lacking adequate funds, he was unable to make bail, or to retain an attorney in time to represent him at the initial bail hearing.After spending 27 days in jail awaiting a bail reduction hearing, Kenneth reluctantly agreed to plead to a lesser offense with time served to allow for his immediate release so that he could return home.
Having heard similar stories from many of his fellow inmates, Ken Driver is shocked and outraged that people can be treated like this simply because they don't have enough money to make bail.He has since decided to attend law school, but also feels as though there should be something more he can do.He has approached your office to discuss the possibility of "taking some action against the state or government, or something" and has proposed working off his legal fees by assisting with basic clerical and administrative tasks, working as a runner, and cleaning the office, file room, and reception area.Inspired by the youth's passion, your supervising attorney has asked you to conduct the preliminary research and exploring the possibility of filing for declaratory and injunctive relief regarding the county's bail and pre-trial detainment procedures under due process and equal protection rights.
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