...protection of the laws guaranteed by the 14th Amendment? b. Provide background information: Black children were unable to attend the same schools that white children attend because of segregation laws. One person in particular, Linda Brown, was denied admittance to an all white school, and Thurgood Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...Citation: Estate of Sinthasomphone v. City of Milwaukee, 838 F.Supp. 1320 (1993) Facts: Konerak Sinthasomphone, a 14 year old Laotian male, voluntarily went to Jeffrey Dahmer’s apartment where he allowed Dahmer to take nude photographs of him. Dahmer drugged Konerak and poured diluted hydrochloric acid into a small hole he drilled into Konerak’s head while he was unconscious. Dahmer left the apartment and Konerak was able to find his way outside. Two female’s witnessed Konerak run into the street naked and bloody, then fall to the ground. Police were called. Responding officers arrived after Dahmer had returned and located Konerak. Dahmer claimed Konerak was a houseguest who drank too much. Konerak failed to respond to officer’s questions and...
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...America has struggled with achieving equality since its founding. The news is full of different examples of racial difficulties, which also can be found in court cases throughout history and even now in more modern cases. Many of these cases can be traced back to the main concept of separate but equal, which was established by the Plessy vs. Ferguson case. Plessy vs. Ferguson was the main point that really brought the concept of separate but equal into light. The case was a debate on whether segregation was constitutional. In 1892 Homer Plessy refused to sit in a Jim Crow train car, which at the time was a train car that all African Americans were required to sit in, as they were not allowed to sit with the white people. This was against...
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...children. This was argued up to the Supreme Court due to the state’s approval to deny a group of school aged children the opportunity to attend free public school. The plaintiffs were the undocumented children, and the defendant was the Superintendent and Board of Trustees for the school district. The case was argued on December 1, 1981, decided on June 15, 1982, and then reheard. The case was ultimately denied...
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...ROE v. WADE 410 U.S. 113 (1973) STATEMENT OF THE CASE: The Procedural Road from State Courts to the Supreme Court Appeal: In 1970, Norma McCorvey, a pregnant single woman, sought to terminate her pregnancy however, she was unable to do so because in her home state of Dallas, Texas, abortion was illegal with the exception of extreme cases of medical necessity, not applicable to her. McCorvey, using the name “Jane Roe” as an alias, filed suit at the district level against Henry Wade, the District Attorney for Dallas County, Texas, challenging the constitutionality of the Texas state laws prohibiting abortions and seeking an injunction against its enforcement, (in other words, the Appellant asked the court to forbid the district attorney from prosecuting anyone else under the Texas abortion law in the future). The district court ruled in favor of McCorvey, but ultimately failed to resolve the matter in a practical sense by refusing to issue an injunction to prevent the existing legislation from being enforced. Due to the district court’s refusal to enjoin future prosecutions for abortion, Roe and her attorneys appealed to the U.S. Supreme Court and the case was granted certiorari. By the time the case reached the Supreme Court, however, McCorvey had already given birth, but the Court entertained the case anyway, reasoning that if the traditional standards of mootness and the exclusion of advisory opinions were upheld, no pregnant Plaintiff could ever successfully litigate...
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...Lau v. Nichols, 414 U.S. 563 (1974) Historical Setting In California in 1971 the public education systems were fully integrated. This included the 2,856 Chinese non-English speaking students. Kinney Kinmon Lau challenged Alan Nichols based on feelings of discrimination these Chinese students received. Lau, along with the other Chinese students, claimed that their rights, as found in the 14th amendment, were being violated, along with what is also stated in the 601 portion of the Civil Rights Act of 1964. The case was heard in the U.S. Court of Appeals in the Ninth circuit. It was argued on December 10, 1973, and decided on January 21, 1974. Case Summary Lau began by challenging the Board of Education to comply with the fundamental rights...
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...1. Is the Bruin Diversity Plan constitutional according to the Equal Protection Clause, strict scrutiny, and the Grutter v. Bollinger and Gratz v. Bollinger cases? Your response should include a summary of the basic facts and holding of the Grutter and Gratz cases and clearly apply the legal test of strict scrutiny to the Bruin Diversity Plan. The “Bruin Diversity” plan is a proposed admission policy that’s goal is to promote greater student body diversity. The “Bruin Diversity” plan has four stated goals. Goals that aim to reduce historic deficit of ethnic minority groups, to remedy the effects of societal discrimination of ethnic minority groups, to increase the number of professionals who will practice in underserved communities, and to obtain an ethnically diverse student body. The “Bruin Diversity” admission process will utilize a “Selection Index” (point system). The ethnic minority applicants will also receive an extra 20 points and be evaluated by a special committee. Approximately 33% of all admission slots will be given to ethnic minority groups, thanks to...
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...treated correctly and appropriately as children and not adults. Many cases have taken place throughout the years to modify these rights of the child in a court of law. One case in particular took place in 1967. This case is in regards to Gerald “Jerry” Gault, a 15 year old boy who was making obscene phone calls to a neighbor as a prank. Why is this case significant? The way it was handled, how the boy was treated, and the rights that came out of this case were all important of how we handle juveniles today. On June 8, 1964, 15 year-old Gerald Gault...
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...Assignment #3 Reginald Smith March 2, 2013 Criminal Investigation Dr. Levin Introduction This proposal was selected to analyze profiling psychologically, geographically, and racially. Profiling has its benefits and problem just like any other perceptional judgment. Society tends to be inclined to profiling due to cognitive learning, but "profiling was originally intended to help drug couriers attempting to enter the country." (Schmalleger, 2004) U.S Customs Service and the Drug Enforcement Administration developed personal indicators that perceived an increased likelihood of a violation of law. Then in the late 1900's racial profiling received national recognition. Racial profiling referred to "Driving While Black." (Schmalleger, 2004) Literature review Advantages and Disadvantages Psychological "We understand today that it is a cruel and ignorance practice to torture men and women whose mental disturbance expresses itself in the form of religious or other eccentricities, but we are still too deep in the darkness to realize that the same true of those whose quirks show themselves in criminality." (Howe, 2012) One form of profiling is the psychological process of criminals. Usually, if investigators think like criminals he or she will caught a law violator. Psychologically profiling suspected criminals is an effective benefit for criminologist; unfortunately, using psychological profiling can't provide solid evidence. During the 1950's psychological...
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...Education Background The Supreme Court case of Brown v. Board of Education dates back to 1954, the case was centered on the Fourteenth Amendment and challenged the segregation of schools solely on the basis of race. The Brown case was not the only case of its time involving school segregation, the National Association for the Advancement of Colored People (NAACP) was leading the push to desegregate public schools in the United States (Gold, 2005). Brown v. Board of Education was a consolidation of four cases that had made their way through the court system. It was 1950 and Linda brown was just seven years old, she lived in Topeka, Kansas and was African American descent (she was black). Each mourning Linda traveled 21 blocks and crossed through a dangerous railroad yard to get to school. Her journey to school took an hour and twenty minutes. White children who lived in the same neighborhood only traveled 7 blocks in a considerably less amount of time (Gold, 2005). Linda’s father Oliver filed a lawsuit against the Topeka Board of Education arguing that he wanted the same conditions for his daughter (Brown v. Board of Education of Topeka, 2009). The case was heard by three judges in Federal District Court, and they ruled against the plaintiffs, the case went to Circuit Court of Appeals and then to the U.S Supreme Court (Topeka, Kansas: Segregation in the Heartland). The second case was Gebhart v. Belton was similar to the Topeka case, a Delaware school bus with all white...
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...enacting laws that discourage drug and alcohol abuse) 3. Promoting social justice (e.g., enacting statutes that prohibit discrimination in employment) 4. Maintaining the status quo (e.g., passing laws preventing the forceful overthrow of the government) 5. Facilitating orderly change (e.g., passing statutes only after considerable study, debate, and public input) 6. Providing a basis for compromise (approximately 90 percent of all lawsuits are settled prior to trial) 7. Facilitating planning (e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks) 8. Maximizing individual freedom (e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution) What is Law? Definition A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Qualities of Good Law What qualities make for good law? Fairness Flexibility As time changes, our values and our thought of fairness changes so the law has to flexible enough to change with society Brown v. Board of Education (1954) U.S. Supreme Court Brown V. Board of Education (1954) Plessy v. Ferguson (1896) U.S. Supreme Court Separate but Equal $ Caucasian Students $...
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...opportunities that stem from having legal awareness. With this in mind our reflection will briefly discuss the differences between several categories of law, provide examples of each law, discuss what U.S. Constitution amendments were implemented to protect the rights of businesses, and conclude with topics that were comfortable, difficult, and topics that relate to our current fields. Categories of Law Substantive law provides individuals with rights and creates certain duties such as, civil rights, responsibilities in civil law, and crimes and punishments. Procedural law on the other hand sets the rules for pursuing substantive rights and provides the structure that is needed. Criminal law is in place to protect society by penalizing violators with either imprisonment or fines. Civil law is designed to compensate individuals and businesses for damages as a result of another person's conduct. Although Common law has not been passed by legislature, it is solely based on previous cases with similar facts and fundamentals. Statutory law on the other hand is established by legislature and is either disapproved or approved by the executive branch of government (Melvin, 2011). Being able to provide examples of the different categories of law and what U.S. Constitution amendments were implemented to protect the rights of businesses is another level of understanding needed when learning the various facets of law. Substantive Law...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...University of Phoenix Material Multicultural Matrix and Analysis Worksheet Instructions: Part I: Select and identify six groups in the left-hand column. Complete the matrix. Part II: Write a summary. Part III: Format references consistent with APA guidelines. |Part I: Matrix |What is the group’s history in the United |What is the group’s population in the |What are some attitudes and customs |What is something you admire about | | |States? |United States? |people of this group may practice? |this group’s people, lifestyle, or | | | | | |society? | |African American |Antecedents of a tribe I belong to, |The population of the African American |Numerous of African American loves going |African Americans try to be the best | | |(African American) were bind and the |in the United states 12.5% |to church. Most African American is |person they could be when they are | | |African Americans were taken to North | |Baptist and has a lot of spirit. Women in|trying to reach their goal. Barak | | ...
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...resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The Supreme Court of the United States initiated a review of the case against Christopher Simmons to determine whether death penalty was allowed by constitution for persons under the age of 18 at the time of crime commission. The case concerned Christopher Simmons arrested at the age of 17 for Shirley Crook’s murder. Simmons had been found of a first-degree murder and had subsequently been...
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