Term
| liberty can only be viewed as a zero sum game in which more government equals less liberty -- T/F? |
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Definition
| False - it can also be viewed as both a threat and a security |
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Term
Which of the following are included in Article 1, sections 9 and 10 of the U.S Constitution?
a. Writ of habeas corpus
b. No ex post facto laws
c. No state shall impair obligations of contract
d. All of the above |
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Definition
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Term
| The first ten amendments to the Constitution are known as the... |
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Definition
|
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Term
| In the case of Barron v. Baltimore (1883), what did the Supreme Court rule about the BOR? |
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Definition
| The Bill of Rights DOES NOT apply to the state |
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Term
| Which of the following clauses is part of the 14th amendment, passed in 1868? |
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Definition
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Term
| What did the outcome of Roe v. Wade (1973) do? 3 main things |
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Definition
| it Invalidated state laws that completely prohibit abortions. It b. Engaged in a balancing act between a woman’s right to choose and the states interest in protecting the health of the mother and protecting potential life. And finally it energized the religious right. |
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Term
| What did the outcome of Roe v. Wade (1973) NOT do? |
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Definition
| It DID NOT: define when life begins, rule that a fetus has constitutional rights, and refused to recognize that the state has an interest in protecting potential life. |
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Term
| In Planned Parenthood v. Casey (1992), the Supreme Court ruled that...? |
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Definition
| The essential holding of Roe v. Wade should be retained and reaffirmed |
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Term
| According to Prof. Kens, court decisions in effect reached a “compromise” on Roe v. Wade. T/F? |
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Definition
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Term
| In class, Prof. Kens gave a number of reasons why he suspects that the problem of gun violence may be getting worse. Which of the following did he discuss? |
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Definition
| Accessibility, increase in firepower, and random violence |
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Term
| What did the Gun Control Act of 1968 do? |
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Definition
| It Restricted importation of surplus military guns |
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Term
| Proponents of gun control believe that the Brady Bill does not go far enough because... |
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Definition
| it is a general eligibility permitting system |
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Term
| Advocates of gun control argue that what is intended to be an individual right, rejects the right of the states to create a well regulated militia, and is intended to facilitate the creation of independent state militias? |
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Definition
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Term
| The cases of U.S v. Emerson (2001) and D.C v. Heller (2008) are examples of a constitutional debate of what amendment? |
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Definition
| These cases deal with the 2nd amendment |
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Term
| Name three arguments mentioned in class IN FAVOR of the death penalty? |
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Definition
| Deterrence, cost effectiveness, and retribution |
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Term
| Name 2 things that are grounds for wrongful conviction. |
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Definition
| Sloppy police work, racial discrimination, and bad lawyering for the defense |
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Term
| What town was the first to outlaw guns in the home? |
|
Definition
|
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Term
| The case of Engblom v. Carey (1979) was brought before the court under what amendment |
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Definition
|
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Term
| What was the original charge against Alan McSurely in the case of McSurely v, McClellan (1967)? |
|
Definition
| Sedition against the commonwealth of Kentucky |
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Term
| What is the most basic aspect of a traditional 4th amendment search? |
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Definition
| It must be pursuant to a warrant that is based on probable cause |
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Term
| 25. Many defense attorneys feel that the grand jury system is unfair to the accused because they are not allowed to present a defense or to speak on their own behalf - T/F |
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Definition
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Term
| What was George Blow’s argument to the court regarding Everett Green’s murder conviction? |
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Definition
| a. When the first jury found Green guilty of 2nd degree murder, it was implicitly acquitting him of 1st degree murder, and to try him for 1st degree murder was a violation of his 5th amendment right not to be subjected to double jeopardy |
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Term
| Why is the 5th amendment right against self-incrimination often regarded as one of the least popular? |
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Definition
| It is often perceived as a shield for the guilty rather than a shield for the innocent |
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Term
| When the framers of the Bill of Rights enacted the 4th and 5th amendments, they primarily had what in mind... |
|
Definition
| creating a counterweight against tyranny |
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Term
| One of the most dangerous provisions of the RICO statute is |
|
Definition
| It's provision for civil forfeiture |
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Term
| In class, we mentioned one feature of the Patriot Act that is so broad that it could pose a danger to political freedom. That provision is |
|
Definition
|
|
Term
| What is Bowers vs. Hardwick about? |
|
Definition
| Police entered a man’s apt with his permission and the cops found 2 gay men in a sex act and they were charged for sodomy laws. He joined the ACLU to challenge the law claiming it violated his right to privacy. S.C. vote 5-4 rejected his argument. |
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|
Term
| What did Justice White rule in Bowers vs. Hardwick? |
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Definition
| “Privacy does not extend to homosexual sodomy”. Chief Justice Burger says, “There is no such thing as a fundamental right to commit homosexual sodomy”. Powell agreed with the outcome but notes that his law may violate the 8th amendment. |
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Term
| In Bowers vs. Hardwick, Blackmun stated what...? |
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Definition
| “The most comprehensive of right and the most valued is “the right to be left alone”. The concept of privacy embodies the moral fact that a person belongs to himself and not others nor society as a whole. |
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|
Term
| What did Brennan voice about Bowers vs. Hardwick? |
|
Definition
| He stated that america should be tolerant of peoples right to privacy |
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Term
| In 1991, Hawaiian court rules that prohibition on same sex marriage violates... |
|
Definition
|
|
Term
| In 1996- Federal Defense of Marriage Act (DOMA) – gives states right to deny _____ ______ and ______ and for federal statutes and regulations it defines marriage as ...? |
|
Definition
| full faith and credit - - a union between a M / F |
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Term
| In 1999- Constitutional amendment allows legislature to define |
|
Definition
|
|
Term
| Also in 1999, Baker vs. Vermont- under state constitution – same sex couples must receive common benefits that flow from marriage – legislature passes law that...? |
|
Definition
|
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Term
| 2003- Goodridge vs. Dept of Public Health- under Mass. constitution-___ ______ ________ are entitled to civil marriage |
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Definition
|
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Term
| -Glucksberg vs. WA (1997)- The right of privacy does not give a dying person the right to ______ _________. The ________ have the power to decide the issue. Oregon- the only state to allow assisted suicide, in 1999 one year after law was passed, 15 people have used it. |
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Definition
| assisted suicide - - states |
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Term
| The 8th amendment mainly deals with? |
|
Definition
| Cruel and unusual punishment |
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Term
| In Kennedy vs. Louisiana (2008)- they overruled the laws of several states that allowed the death penalty for crimes like child rape, it rejected the death penalty for crimes where _______.. |
|
Definition
| The victim's life was not taken |
|
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Term
| List 2 arguments against the death penalty... |
|
Definition
| Unfair application and Finality (opponents of the death penalty argue that innocent people have been executed) |
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Term
| In a Maryland death penalty stature, in addition the state must provide on of the 3 following types of proof: |
|
Definition
1. DNA evidence linking the suspect
2. Video taped voluntary interrogation and confession or
3. Video recording conclusively linking the suspect to the crime |
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Term
| The 4th and 5th amendment are vital to our freedom yet controversial because it... |
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Definition
| proclaims rights to our political freedom, and rights to the accused linked with stifling descent. |
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Term
| There are 5 rules connected with the Anglo American tradition and the 4th amendment and these rules concern the right to warrants... |
|
Definition
1. Prior judicial approval
2. To search a particularly described place
3. For particularly described items
4. Based on probable cause
5. Established by info obtained under oath |
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Term
| Michigan Police vs. Sitz ruled what concerning search and seizure? |
|
Definition
sobriety
checkpoints
are
allowed
,
even
if
no
suspicion
that
driver
is
intoxicated |
|
|
Term
| Concerning search and Seizure, what did Virginia vs. Moore rule? |
|
Definition
| traffic citations constitute as an arrest and allows search incidents to arrests as well - lame |
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Term
| Concerning search and seizure, what did Brendlin vs California rule? |
|
Definition
| The passenger and driver can both be searched |
|
|
Term
| concerning search and seizure, what did Arizona vs. Johnson rule? |
|
Definition
| association with gang activities, prior convictions, wearing gang memorabilia, are reasonable suspicions for stop and frisk |
|
|
Term
| Due process is a guarantee of political rights for what minority? |
|
Definition
|
|
Term
| List 4 different categories of disfavored groups... |
|
Definition
| Political opponents (the alien and sedition acts), revisionist ideas (antebellum abolitionists), racial minorities (Chinese and African Americans), religious minorities (Mormons), violent fringe groups (Nazi’s and KKK), and perceived enemies of the state (Japs in WWII, commies). |
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Term
| Organized crime and RICO (racketeer influenced and corrupt organizations act) give way to what idea? |
|
Definition
|
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Term
Under the patriot act list what each section does:
213
215
216 |
|
Definition
213 - allows sneak and peak searches
215- allows government to obtain personal documents such as credit or grade reports
216- allows government to track telephone and internet usage |
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Term
| Stafford
Unified
School
District
v.
Redding
(2009)
dealt with? and what was the ruling? |
|
Definition
| The 4th amendment and unjust strip searches of a middle schooler, she won because they did not have probable cause to perform such actions |
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Term
| This landmark case held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. |
|
Definition
|
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Term
| Be familiar with the first imposed death sentence in the American colonies... |
|
Definition
| Captain James Kendall was the first man hanged for “heinous conduct”- it is thought he was found guilty of treason for being a spy for Spain. |
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|
Term
| What are the principles used to argue the legitimacy of the death penalty? |
|
Definition
| 3 principles: deterrence, penitence, and retribution. |
|
|
Term
| Understand why capital punishment was favored in the South |
|
Definition
| It wedded Old Testament values and capital punishment also geared toward racial control. |
|
|
Term
| Understand the influence of the Hollywood film I want to Live! |
|
Definition
| This hit movie was based on the case of Barbara Graham, who proclaimed her innocence yet was found guilty of murder and sentenced to death by gas chamber. |
|
|
Term
| Be familiar with Thorsten Sellin’s book The Death Penalty. |
|
Definition
| This book compared the murder statistics in states that employed capital punishment to the murder stats in neighboring states that had abolished it. |
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|
Term
| Understand the causes behind the growing opposition to the death penalty in the 1960’s |
|
Definition
| The movement to “Save Chessmen” had become an international crusade and California Governor Pat Brown proposed that the death penalty had been a gross failure…and that is mainly inflicted on the poor, weak, and ignorant. Many people agreed with Brown’s opinions and thus gave rise to a movement against the death penalty. Hollywood also encouraged the movement against capital punishment with movies illustrating the woes and tribulations that convicts faced. Also in the 1960’s, many people moved away from the religious attitudes of “a life for a life” and embraced the idea that capital punishment was an “affront to the dignity of human life” |
|
|
Term
| Be familiar with the Willie Francis case |
|
Definition
| Willie was a very young boy who was found guilty for murdering the town Pharmacist and was sentenced to the electric chair. The chair, however, would not kill him the first time around. Willie’s lawyers argued that the governments failure to kill him the first time went against Willie’s right to the 5th amendment concerning double jeopardy. |
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|
Term
| In Gerald Gottlieb’s “Testing the Death Penalty, what did he ultimately want the Supreme Court to address? |
|
Definition
| He wanted them to address the issue concerning that of –“Should the death penalty survive in a humane modern environment”. |
|
|
Term
| Be familiar with Supreme Court Justice William Douglas’s opinion in the Furman v. Georgia case |
|
Definition
| Douglas opposed capital punishment and felt that it did target minorities. He stated, “Statistics show that the death penalty is primarily used against minority groups, if it is discriminatory in practice, it is unusual under the eighth amendment. I reverse.” |
|
|
Term
| Be familiar with the outcome of the Furman v. Georgia case. |
|
Definition
| This landmark case invalidated the death penalty in cases concerning rape without death. |
|
|
Term
| Understand the Model Penal Code |
|
Definition
| Separates into two separate trials (one for sentencing and one for establishing guilt) |
|
|
Term
| Understand the Supreme Court’s ruling in the Coker case |
|
Definition
| ruled that crimes that don’t end with murder shouldn’t be sentenced to death. |
|
|
Term
| Understand the major challenges faced by most defendants in capital punishment cases |
|
Definition
| The average capital defendant was too poor to hire an attorney, had a low IQ, or a mental disorder, or both. He often had a criminal record, could hardly defend himself, and the lawyer that the state did supply him with was usual not very experienced and over-worked. |
|
|
Term
| What did Justice Powell’s majority opinion in the McCleskey v. Kemp case state? |
|
Definition
| He viewed the death penalty as a legitimate punishment for heinous crimes and saw it as a state issue. |
|
|
Term
| Be familiar with the Wainwright v. Ford case |
|
Definition
| was the case in which the United States Supreme Court upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed |
|
|
Term
| Why was the village of Morton Grove important? |
|
Definition
| it was the first city in the US to outlaw guns in the home |
|
|
Term
| Understand Marianne Engblom’s reasoning for mentioning the 3rd Amendment in her court case. |
|
Definition
| - She brought it up because the 3rd amendment dealt with the quartering of troops, that of which, the government had no right to house the national guard in her living quarters without her permission. |
|
|
Term
| What was the court’s decision in the Engblom v. Carey case? |
|
Definition
| The court ruled that there was no need for a trial because her living quarters were owned by the state |
|
|
Term
| Be familiar with the circumstances surrounding the arrest of Margaret and Alan McSurely. |
|
Definition
| The McSurely’s were accused of sedition and their house was searched, with a warrant, and ransacked. The cops took hundreds of documents illegally because they thought it looked suspicious. |
|
|
Term
| What happen to the McSurely’s documents including Margaret’s letters and diary once they were returned to them? |
|
Definition
| The 200+ documents were taken to D.C., all of which were claimed to be used for investigating riots in which really turned out to be love letter’s from her diary. The documents were then given back to him, allowing him to read all those letters. |
|
|
Term
| Understand the grand jury’s decision in the Rudy Linares case |
|
Definition
| he was not indicted for first-degree murder because the jury didn’t want to believe that to enforce the law in this case was fair due to the conditions of the crime. He pleaded guilty to unlawful use of a weapon. |
|
|
Term
| Be familiar with history of the Fifth Amendment |
|
Definition
| It is the right to a grand jury indictment and to protect oneself from self-incrimination. |
|
|
Term
| Be familiar with the Supreme Court’s decision and the outcome of the Green v. United States case. |
|
Definition
| The justices could not decide so it was postponed for the next term. Green was spared the death penalty under the double jeopardy law because he had already been tried for the first-degree murder and was found innocent so he could not be tried again. |
|
|
Term
| What is an accusatory system? |
|
Definition
| - a system where a person is innocent until proven guilty beyond a reasonable doubt and the state must investigate and present a trial to a jury. |
|
|
Term
| 10. Be familiar with the Supreme Court’s decision in the Baltimore City Department of Social Services v. Bouknight case |
|
Definition
| The court reversed the decision of the Maryland court and they acknowledged that producing Maurice or revealing where he was would have testimonial aspects which she was protected from by the 5th amendment but she was not protected from complying with the court order because it was part of a non-criminal regulatory scheme. |
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