...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
Words: 2336 - Pages: 10
...Accused Versus Victim’s Rights The United States of America relies on due process of law to ensure equal protection of life, liberty and property to all citizens. Police officers work tirelessly to accommodate regulations adopted to ensure only criminals are convicted. These restrictions have been part of the United States since the Bill of Rights was generated in 1791, but in the 1960s, as “Law and Order,” the view that crime must be dealt with harshly to deter citizens from breaking the law, the Supreme Court was forced to decide the constitutionality of the rules of interrogation. In the Sixties, crime was escalating and public safety was becoming a growing concern; police began to treat suspects harsher in an effort to raise conviction rates and promote public safety. In 1966, however, the jurisprudence of the entire US justice system changed when the court of Chief Justice Earl Warren was presented with the case Miranda v Arizona. In this case, the majority decision ruled to protect suspects’ rights, extending equality of protection regardless of legal knowledge or background, not only highlighting the trends of human rights and equality in the Sixties, but also the tensions between criminal rights versus public safety, demonstrating a shift from the conservative ‘law and order’ jurisprudence to more liberal methods of interrogation and conviction. On March 2, 1963, Ernesto Miranda kidnapped a woman (whose name was not released to the press for her safety), drove her into...
Words: 1921 - Pages: 8
...Gideon’s Trumpet, by: Anthony Lewis Clarence Earl Gideon was born on August 30, 1910 in Missouri. Gideon lost his father when he was three years old. His home life was non existent as he ran away from home when he finished eighth grade and started living his life as a homeless drifter. By the time that Gideon reached the age of sixteen he had an extensive list of petty crimes. At age eighteen he was arrested in Missouri and convicted of robbery, larceny and burglary. Gideon was sentenced to ten years in prison but was released in 1932 after serving three years. Gideon would spend most of the next thirty years in poverty and in and out of prison. Throughout this time he was married four times, the first three marriages ended very quickly but the last marriage in the 1950’s would last longer. Gideon and his wife settled in Panama City, Florida after having three children who would later be taken away by welfare authorities. Gideon found work as an electrician but gambled to subsidize his low income. Gideon would not go back to jail again until 1961. On June 3, 1961 four fifths of wine, twelve bottles of Coca Cola, twelve cans of beer, about five dollars from the cigarette machine and sixty dollars from the juke box were stolen from Bay Harbor Poolroom which belonged to Ira Strickland Jr. A twenty-two year old resident that lived close by, Henry Cook, told the police that he saw Gideon get into a cab after walking out of the pool hall with a bottle of wine and pockets...
Words: 3150 - Pages: 13
...Assignment 2: The Statutes Sara Barboza Dr. Joseph McCue PAD 525 Constitutional and Administrative Law October 18, 2015 INTRODUCTION The word miscegenation comes from the Latin words miscere (to mix) and genus (type, family, or descent) and has been used to refer to cohabitation or intermarriage between racial groups. Regulated by state law, miscegenation was illegal in many states for decades. However, interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision, Loving v. Virginia, that decreed all state antimiscegenation laws unconstitutional. Many states, of course, had chosen to legalize interracial marriage much earlier. According to a May 14, 2012, Huffington Post article entitled “Interracial Marriage Statistics: Pew Report Finds Mixed-Race Marriage Rates Rising,” the 1980 Census (the first to collect data on interracial marriage) reported that 3% of all married couples were from different races. The number had risen to 8.4% (one in twelve couples) by 2010. Looking at marriages recorded in the years between 2008 and 2010, we find that 22% of newly-married couples in Western states were of different races or ethnicities, compared to 14% in the South, 13% in the Northeast, and 11% in the Midwest. QUESTION 1: Analyze and evaluate each case independently by providing the following (about two paragraphs per case): LOVING V. VIRGINIA CASE. 1. Facts of the case: In 1958, Mildred Jeter, a black woman...
Words: 5896 - Pages: 24
...answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government into “disrepute.” Yes 4. What is the Patriot Act and what is “Gitmo”? How did Obama alter US policy? 75 - USA Patriot Act, authorizing President Bush to take numerous steps to prosecute the war, including...
Words: 10537 - Pages: 43
...require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Licensed to: CengageBrain User Criminal Justice in Action, 7th Edition Larry K. Gaines and Roger LeRoy Miller © 2013 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher. For product information and technology assistance, contact us at Cengage Learning Customer & Sales...
Words: 20398 - Pages: 82
...Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing ...
Words: 43059 - Pages: 173
...Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime...
Words: 195907 - Pages: 784
...BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from the...
Words: 15849 - Pages: 64
...BAY AREA SOCIAL SERVICES CONSORTIUM Understanding Poverty From Multiple Social Science Perspectives A Learning Resource for Staff Development In Social Service Agencies Michael J. Austin, PhD, Editor BASSC Staff Director Mack Professor of Nonprofit Management School of Social Welfare University of California, Berkeley 510-642-7066 mjaustin@berkeley.edu August 2006 1 Table of Contents Introduction – Michael J. Austin, Guest Editor Part I Multiple Social Science Perspectives of Poverty Theories of Poverty: Findings from Textbooks on Human Behavior and the Social Environment Amanda J. Lehning, Catherine M. Vu, & Indira Pintak Economic Theories of Poverty Sun Young Jung & Richard Smith Sociological Theories of Poverty in Urban America Jennifer Price Wolf Psychological Theories of Poverty Kelly Turner & Amanda Lehning An Anthropological View of Poverty Kristine Frerer & Catherine Vu Political Science Perspectives on Poverty Amanda Lehning Theories of Global Poverty in the Developed and Developing World Jennifer Morazes & Indira Pintak Part II Theory Integration and Practitioner Perspectives Social Capital and Neighborhood Poverty: Toward an Ecologically-Grounded Model of Neighborhood Effects Kathy Lemon Osterling Social Work Students’ Perceptions of Poverty Sherrill Clark The Explosive Nature of the Culture of Poverty: A Teaching Case Based on An Agency-based Training Program Catherine Vu & Michael J. Austin 2 ...
Words: 65096 - Pages: 261
...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 Impact 21 XI. Purposive Discrimination 22 XII. Proxies for Race 23 2. Other Rules 23 3. Types of Discrimination Based on Race 24 4. South African Constitution 24 5. Arlington Heights-“A Motivating Factor” 24 6. Arlington Heights-Footnote 21 24 7. Discriminatory Purpose Without Discriminatory Effect 24 Class 7: Affirmative Action I: Adarand, Grutter,...
Words: 52904 - Pages: 212
...U.S. Department of Justice Federal Bureau of Investigation 2012 The Strategic Information and Operations Center at FBI Headquarters is the 24/7 command post that monitors FBI operations and law enforcement activities around the globe. An FBI agent examines a potentially contaminated letter during a white powder training exercise. 2012 The FBI Story I A Message from FBI Director Robert S. Mueller, III For the FBI and its partners, 2012 was a year that reminded us once again of the seriousness of the security threats facing our nation. During the year, extremists plotted to attack—unsuccessfully, thanks to the work of our Joint Terrorism Task Forces—the U.S. Capitol, the New York Federal Reserve Bank, and other landmarks on U.S. soil. Tragically, on the 11th anniversary of 9/11, a hateful attack in Benghazi took the lives of the U.S. Ambassador to Libya and three other Americans. In the cyber realm, a rising tide of hackers took electronic aim at global cyber infrastructure, causing untold damages. High-dollar white-collar crimes of all kinds also continued to siphon significant sums from the pocketbooks of consumers. And in Newtown, Connecticut, 20 young children and six adults lost their lives in one of the worst mass shootings in American history, ending a year of violence that saw similar tragedies around the country. Working with its colleagues around the globe, the FBI is committed to taking a leadership role in protecting the nation. As you can see from...
Words: 67387 - Pages: 270
... A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences,...
Words: 58370 - Pages: 234
... A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences,...
Words: 58047 - Pages: 233
...provided to assist in your own note taking. They are not a substitute for reading the recommended textbook or for taking your own notes during class discussion. The information and examples provided here are subject to technical corrections or other revisions which you won't have without taking notes in class. Contents Taxable Entities, Sources of Tax Law and Tax Administration 5 Case: Firefighting Aircraft 6 Discussion questions 7 Review questions 8 The Individual Income Tax Model 10 Case: George and Sheena Jungle’s 1040 Tax Return 10 Discussion Questions 10 Review questions 11 Gross Income 13 Case: Commissioner v. Glenshaw Glass Co.\William Goldman Theatres Inc. (U.S. 1955) 13 Discussion questions 19 Case: Lucas v. Earl United States Supreme Court. 1930 20 Discussion questions 21 Review questions 21 Exclusions 22 Case study: Tom Daschle withdraws from nomination as HHS Secretary, 2009 23 Discussion questions 23 Case: Sam and Julie 24 Discussion questions 24 Case: Ralph and Betsy are landlords 25 Discussion questions 26 Case: Mark who lives in unit 6 27 Discussion questions 27 Case: Jack’s Restaurants 28 Discussion questions 28 Review questions 29 Tax Basis and Capital Transactions 32 Case: What’s my income on selling this stock? 32 Discussion questions 34 Case: Property converted from personal to business use 35 Discussion questions 35 Review questions 36 Business Deductions 38 Case study: Welch v. Helvering, Commissioner of Internal...
Words: 16572 - Pages: 67
