Lecture 1 Flashcards
At the Heart of the Law:
- law attempts to resolve c__
- law is in a constant state of t__ between the rights of i__ and societal “g__.”
- the law is viewed d__ by different a__ in the legal system.
conflict
tension, individuals, good
differently, actors
Much of the law rests on i__ assumptions of what the law s__ do.
Assumptions come from f__ d__.
initial, should
four dilemmas
The goals, the tension, and the views are expressed in 4 dilemmas:
- i__ r__ vs. the c__ g__
- e__ vs. d__
- discover the t__ vs. settle c__
- legal o__ vs. s__
individual right, common good
equality, discretion
truth, conflict
opinion, science
The First Dilemma:
-individual rights vs. the common good
-c__ vs. i__ societies view this very differently.
~more tension in the i__ society by far
collective, individualistic
tension, individualistic
Two models of the criminal justice system to help explain the individual rights vs. common good dilemma:
-D__ P__ model
~characterized by the W__ (1953-69, E__) and B__ (1969-86 N__) Courts.
-C__ C__ model
~characterized by R__ Court (1986-2005, R__)
duo process
Warren, Eisenhower
Burger, Nixon
Crime Control
Rehnquist, Reagan
Duo Process Model Emphasizes:
-protection of c__/i__ from l__ e__ personnel.
-protection from the j__ s__ itself
~rights of i__ as primary
~”better to let 10 g__ go free than one i__ punished unjustly.”
~I__ overturning of Death Penalty because of m__
citizens/individuals
law enforcement
justice system
individuals
guilty, innocent
Illinois, mistakes
Crime Control Model:
- protection of s__ as a w__.
- emphasizes s__ and s__
~t__ vs. O__ (when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest)
~t__ s__ and y__ a__ o__ (anyone who is convicted of three felonies—three strikes—can receive (or must receive) a very long prison sentence.)
~--L__ (a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony)
~M__’s Law (sex offender registry for law enforcement, and community notification for the public)
~S__ v__ p__ classification (Convicted sex offenders who have mental disorders or other psychological conditions that make them likely to repeat their crimes may be assigned to civil commitment and long-term treatment)
society, whole
safety, security
terry, ohio
three strikes and you are out
10-20-life
megan’s law
sexually violent predator
Sex Offender Notifications
-right to k__ vs. right to p__
know, privacy
The “Terror” Control Model:
-relies on f__ to justify:
~intense s__ of all “c__”
~c__ of rights to d__ p__.
-Intense s__ on programs with no evidence of u__ and with no evidence of n__.
fear
scrutiny, citizens
constriction, due process
spending, utility, need
The “War” Model:
F\_\_ years of the War on D\_\_ Countless d\_\_ spent Countless l\_\_ ruined N_ c\_\_ in drug use or desire to use drugs At least \_\_,\_\_ people in prison in the US on drug related crimes. A\_\_ forfeiture “N_ K\_\_” warrants M\_\_ of police departments _ Years of the War on T\_\_
forty, drugs dollars lives no change 800,000 asset no knock militarization 12, terror
The Pendulum as a way to describe our justice system:
~justice G__
-“And when the pendulum swings too far in o__ direction it will go b__.”
ginsburg
one, back
The Second Dilemma:
Equality vs. Discretion
Equality: same c__ for the same c__.
~Proportionality- magnitude of the o__ in proportion to magnitude of the p__.
Discretion: allows f__ in the a__ of the law.
~M__ sentences to combat sentencing d__. (d__ sentencing)
~D__ discretion in one area and it i__ in another
consequence, crime
offense, punishment
flexibility, application
mandatory, disparity, determinant
decrease, increases
Discretion Points: (flexibility in the application of the law)
J__ sentence
Police can a__ or not
Prosecutors can c__ or not
Prosecutors can charge for a l__ crime
Governors/President can grant c__/p__
Juries can n__
judges
arrest
charge
lesser
clemency/pardon
nullify
The Third Dilemma: To discover the truth or resolve conflict?
-a__ (where two advocates represent their parties case or position before jury/judge) vs. i__ (court is actively involved rather than a referee between the prosecution and defense) systems of justice.
__ system may provide incentives to attorneys to “dig d__”, but at the same time c__ information as well.
Adversarial system may increase p__ of procedural j__. (f__)
May lead to prevalence of p__ b__ too
adversarial vs. inquisitorial
adversarial, deeper, conceal
perceptions, justice, fairness
plea bargaining
The Fourth Dilemma:
- L__ e__ depend on that which has been decided in the p__ via c__ l__.
- P__ depend on c__ and e__ methods
Highly influential cases: s__ d__ = Let the decision s__.
Highly i__ decisions (o__) have a powerful impact on f__ decisions
ex:
Plessey v Fergusen- 1896- separate does not imply unequal- white only railroad car did not imply inferiority…
Sweat v Painter 1950 – separate would be unequal- U of T law school - but if equal would not be unconstitutional
Mclaurin v oklahoma state regents 1950- would be unequal - desk separated by rail…
But Plessey still stood…
Not until Warren Ct. ruling on Brown v Board of Education, __ was Plessey reversed.- a long slow process… culminating in what Warren thought was fair: that s__ is inherently u__.
Interestingly there is a plethora of social psychological evidence to support Justice Warren’s opinion
legal experts, past, case law
psychologists, correlational, experimental
stare decisis, stand
individual, opinions, future
1954
seperate, unequal
The 4th Dilemma and Psychologists:
-Psychologists depend on c__ and e__ methods
~Systematic a__ and t__
~Yielding “a__” pictures of the world (f__) that is highly “c__” (s__)
-Psychologists see the world in terms of p__ while others in the legal system see the world in terms of a__.
correlational, experimental
analysis, testing
average, facts, conditional, situational
probabilities, absolutes
