RACE AND CRIMINAL PROCEDURE Flashcards
1
Q
Slavery in the US
A
- Race specific
- Mainly Hereditary “Chattel” Slaves(slaves that were born into this practice)
- deeply embedded in the economy of the North and the South
2
Q
indentured servants
A
- a system where peole could pay off their debts bu working for an employer for a fixed number of years
- not race specific
3
Q
Johnson v Parker
A
- Johnson was under indentured servitude and eventually released
- he had an indentured servant named Casor who claimed he had kept him too long
- Johnson freed Casor who then indentured himself to the neighbor that reported Johnson
- Johnson sued Parker for Casor
- The Court ruled that Casor was illegally obtained by Parker, thus Johnson had a legal hold over Casor for the “duration of his life”
- An African became the first legal owner of an enslaved person (a little ironic)
4
Q
The Amistad Case
A
- enslaved Africans were being transported to Cuba on a ship called the Amistad
- there was a revolt and the killed most of the people on the ship and told the remainder of the crew to sail back towards Africa
- arrived back in New York and there was a trial
- Former President John Quincy Adams
- He argued that the slaves were kidnapped against their will and that the containment when against the natural law principles of the Declaration
5
Q
Dred Scott Case
A
- Born into slavery and traveled along with his owner and wife to various free states before returning back to Missouri after 17 years
- Justice Taney, who also ruled on the Amistad case, found that no Blacks, free or not, could be citizens, and thus couldn’t bring cases to Court
- also overturned the Missouri Compromise
- stamp of approval of slavery
6
Q
Missouri Compromise
A
- Missouri was the only slave state formed from the territory purchased from Lousisana Purchase
7
Q
Kanas-Nebraska Act
A
opened up the West to slavery
8
Q
emancipation proclamation
A
- a warning to the rebellious states that if they didnt stop the war anf join the union then all the enslaved people in those states would be free
- would have no punished the Union-loyal slave states as that would have pushed them into the arms of the Confederates
- was a miltary order(executive branch can’t make laws)
- Lincoln pushed Congress to pass the 13th Amendment
9
Q
13th Amendment
A
- ended slavery in the United States after 200 years
- most slaves were already free
10
Q
Reconstruction
A
- reestablishment and reorganization of secuded Southern States
- blacks fared better during this period
11
Q
Freedman’s Bureau
A
- formed during reconstruction, to provide formerly enslaved people with food, clothing, schools, and land
12
Q
Black Codes
A
- Laws that basically that restricted the actions of Blacks, similar to slavery
- allowed authorities to arrest unemployed and fined them for vagrancy
- this practice was attacked by the 14th amendment
13
Q
14th Amendment
A
those that were born in the country or naturalized citizens are citizens of the US
14
Q
Jim Crow laws
A
any state or federal laws that enforece the segragation of the races
15
Q
Civil Rights Act of 1875
A
stated that all persons were entitled to full access and enjoyment of all accommodations and facilities in public places
16
Q
15th Amendment
A
gave African American men suffrage
17
Q
Civil Rights Cases
A
- ruled that the 14th Amendment protected Blacks only from state discrimination, not from businesses and individuals
- ruled that the Civil Rights Act was unconstitutional because it sought to control the legislative power of the individual states, violating the Tenth Amendment
18
Q
Plessy v Ferguson
A
- Plessy was 1/17 black and rode the train in the white section only
- Plessy’s lawyers argued 14th Amendment outlawed race as a legal distinction, race as a social construct, and thus these can’t be made
- the court disagreed, ruling “separate but equal”
19
Q
Williams v State of Mississippi
A
- Henry Williams was indicted for murder by grand jury of all white people
- Violated the 14th Amendment
- The Court found that the tests excluded Blacks on the basis of literacy, not race
- Also covers illiterate whites not covered by the grandfather clause
- does not violate 14th and 15th amendment
20
Q
Smith v Allwright
A
- South held all-white primaries
- justified that the Democratic Party is a “volunteer organization”
- Texas Court ruled this was constitutional
- The Court ruled that the practice violated the 15th amendment because the primaries are conducted under state statutory authority
21
Q
Brown v Board of Ecuation of Topeka ||
A
- ended racial segregation
- equal protections clause of the 14th Amendment
- overturned “seperate but equal”
