The Right to Be Judged by What You Do, Not Who You Are

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers the case for occasionally including status—“who you are”—in assigning blame in criminal matters. Colb explains that generally, our penal system prohibits “status offenses,” but sometimes, such as in the case of psychopaths, we are comfortable deciding how to punish a person based at least in part on who they are.

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In re Z.P.

Docket: 20-0582

Opinion Date: September 4, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals affirming the order of the juvenile court terminating Father's parental rights to his child, holding that Father was not unfairly penalized for working too hard. After the child was removed from Mother's custody and was adjudicated in need of assistance Father received services. Father worked two full-time jobs on weekdays from 6 a.m. until midnight and lacked a driver's license or the ability to get a driver's license. The juvenile court terminated Father's parental rights to the child under Iowa Code 232.116(1)(h). The Supreme Court affirmed, holding (1) the State proved the child had been removed from the physical custody of the child's parents and that the child could not be placed in Father's custody at the time of the termination hearing; and (2) termination was in the child's best interests.