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
