HIST 308 Notes Feb. 15-Feb.19, 2016
HIST 308 Notes Feb. 15-Feb.19, 2016 HIST 308
Long Beach State
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This 6 page Bundle was uploaded by Audra Oul on Monday February 22, 2016. The Bundle belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 33 views. For similar materials see Law and Civilization in History at California State University Long Beach.
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Date Created: 02/22/16
Monday, February 15, 2016 Societal influences: society at large on how people should act Societal assumptions: ideas shape how, react to things “no mass bebes” Documentary about migrant Mexican women who came to Los Angeles in the 1960s and 70s to give birth at County Hospital but were pushed into being sterilized instead Who should be a lawyer? Sergio Garcia: undocumented alien who passed bar exam Status of violation of the law He applied for a green card money years before “undocumented alien” is a phrase Be self employed as a lawyer Federal law cannot license undocumented aliens Stephen Glass: As a journalist, fabricated more than 40 articles for New Republic, Rolling Stone, and other magazines between 1996 and 1998. He applied to law school. After 18 years, he needed to apply. Lawyers needed to make representatives to be believed All of them turned down Shon Stepwood: served 11 years in federal prison for 5 armed bank robberies committed when he was a drug addict in his early 20s While in prison, spent time in law library, and wrote two petitions for certiuras that were accepted by U.S. Supreme Court Graduated from law school in 2014 and clarified for Judge Janice Royors Brown on U.S. Circuit of Appeals for D.C. circuit. His actions not following the law Is there a chance for rehabilitation? Is your words worth something? Enough if bank robber Competent not the point but character is Have empathy for people Role of lawyer in civil law –bring law never seen Lawyers should serve as 1. Advisers 2. Advocators They are officers of the courts Responsibility of lawyer Learn from the relationship from the lawyer and client Attorney act as an adviser to some kind of event/transaction Drafting a will what will happen to property when dies Negotiate and draft contracts Contractpurchase of real estate It is important for attorney to advise their clients Lawyers can tell about the law Lawyers can tell about the outcome of decisions both in legal and nonlegal ways Can tell potential issues about the laws that might come out Cost for any agreement may be more than you get from it Lawyers can help clients plan Karl N. Llewellyn asserts about societal values Why important to larger society? Civil and advising Help to have an orderly society think more smoothly Justice Scalia passed away this weekend Wanted to have certainty on how things will work out Give client the best advice Client does not want to take advice about perspective *If client do not take advice *Decide to drop the client *can leave client if client want to do something illegal Do something illegal must say no Colorado passed law to make marijuana illegal Client is Colorado National Bank Civil and criminal sanctions for providing a banking service to illegal businesses Business endorses illegal businesses Marijuana sales legal under state law and violate federal law Can bank open account for pot shop? Do business in cash Shop can only deal with cash Public safety issue Try middle groundwe will not go after you for these crimes… Executive decisions if go after requirements Open account for pot shop Possible change of law No long guarantee if stay in effect If the law changes, we will have to close these account *Lawyers can tell law what it is What laws might be, possible law for opening business Not always easy to advocate for prospective decision *Motive and state of mind of client tell if illegal or transaction Cross examination of the client Do a background checks Ask certain questions Resolve these type Suppose to represent client for best interest of society *cannot help someone commit fraud *Lawyers advisers and officers of court Anna and Andy are candidates for promotion to a XYZ Corporation Anna has 3 years of experience and get performance review except for one man who was accused by Ann of sexual harassment and was disciplined by XYZ Corporation In accordance with its sexual harassment policy Law prohibits many decisions based on sex of employee Bob, a senior executive is the decision maker Bob chase Andy. His written report focused on the more complex project that Andy has made When Bob hands the report to the judge there Bob, a senior executive decision maker Selected Ann for promotion. Her written report focused high level of work did where being subjected to sexual harassment, and the way Ann had hides the situation, reporting harassment to HR, continue to work, while the company made the complaint, and accepting the company’s discipline set the manner as far as outcome When handling you her report, both says sex, and there be women in management. Dicey to have another woman Have own their bits Really doing for his reason Issue of morality Can have morality Decision –ultimate decision of client Lawyer Jane is negotiating contract for client who is a commercial real estate hit Lawyer Joe is negotiating on behalf of the buyer 1. Jane relies that Joe is unaware of a pending development on adjoining that will greatly decrease the value of the property. She alerts client A (who is Jane) to not share the info with Joe Joe has property Property value can change Joe has not requested it to check for it to be checked for hazardous materials if seller (client A) did not request it. It would not be release to seller (client A) to receive payment, extraordinary tax, or hazardous. *Lawyers withdraw cannot represent if position client say do not tell and you tell Civil cases have a car accidents Whatever are the facts are the facts *represents facts favorable to client Can put best spin Can bring a legal positon that is frivolous Sue McDonald from coffee from 20 years ago Cars did not have cup holders No zarfcup holder Served coffeehotter than the usual Sue McDonald for getting burns sometimes Tortwrongful act on right to civil liability McDonald can deal with this Second degree burn Wednesday, February 17, 2016 Criminal Justice System Legislative make laws –pass laws to make an act crime if perceive detrimental to society Police begin enforcement through arrests Prosecutors file criminal charges and plea bargaining Defense attorneys represent the accused Judges impose sentences Parole Board considers release before end of maximum sentence Behavior detrimental to society should not be passed Parole Board more tune to pick one group over the other Does Society want plea bargaining? Plea Bargaining plea guiltywe recommend “Y” sentence Society values for canceling for crime do not want please not guilty to go to jail Right to counsel in criminal cases Attitude towards censoring Early release benefits society If you are prosecutor: who are clients? Representing the people Best for societygood to get convictionto seek justice Stanley Case: See drugs as an issue in the society Detrimental to him and to his family and try to get a job with construction Stanley 23 year old male Heroin associated with junkie Heroin had pretty bad reputation Demographics of heroin substantially different Stanly committed a felony, cannot get a job, but can lose productive in society if convicted Many people happen to them that cannot get a job from low income to racial minorities Possibility: Stanley how 40 years old tell him about felony would not tell about unemployed for the rest of his life Criminal defense lawyerprosecutor information to seek justice Lawyer frivolously defends the client Is it prosecutor doing the community favor for criminal to defend a client? Can afford a criminal casehow much fine can give the case? Defend on extent if give a judge Have a lot of people representing Prosecutor and public defenders Not OJ Simpson defense team to develop a case Certain level of legal representation Some very good public defenders Trevor Case: 23 year old arrested by police for burglary for breaking into a home Victimizing crimeTrevor hurting other people Stanley was hurting himself Look at impact at what he did Stanley went off to get high He kept the gun Judge sentence someone never amount to anything Look at their path was Society have different conceptions of crimes War on crimes Mandatory minimum California by proposition Michael Stanley Dukakis opposes the death penalty Allowed weekend passes Rush support decisions Fear of crime a big deal Dukakis was a governor of Massachusetts William R. Horton convicted of murder was had weekend pass When he escaped, he raped a woman he insisted that never killed or rape Milwaukee experiment states spends a lot of money for incarcerations To pay for the food and all of it. It was a cost issue Client convicted of rape and murder wants to appeal because he questioned after arrest and confessed, without access to a lawyer. Would you file an appeal? Many people reluctant to allow for that appeal Victim must reasonably believe there was an intent to injure her. Most of the time is rapist is armed or physically harm Dan White shot and killed San Francisco supervisor Harvey Milk and Mayor George M. White attorney claimed that White was depressed and the depression manifested itself in behaviors unusual for White that aggravated the depression, including a change in diet from being a healthy food but to subsisting on junk food Dan White supervisor reason position and want to be reinstated Depression more in depth to emotions Depression are things only going on in brain Evidence of depression *manslaughter not for first degree murder Is this a frivolous defense? Frivolous: not of serious value? Client tells criminal defense attorney that he killed a missing 5 year old girl and hid her body where it is unlikely to be found. The client tells the lawyer where the body is. The girl’s parents are frantic. What is the attorney’s big action? To her client? To the court? It is a privileged Need to be confidential Defense attorney worst nightmare Lawyers have to make judgments
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