Crim C10 - Complete Final Study Guide
Crim C10 - Complete Final Study Guide Crm/Law C10
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This 14 page Study Guide was uploaded by Edward Avakian on Monday June 6, 2016. The Study Guide belongs to Crm/Law C10 at University of California - Irvine taught by William Thompson in Spring 2016. Since its upload, it has received 14 views.
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Date Created: 06/06/16
Crim C10 Final Study Guide 06/06/2016 ▯ C10 Discussion Final Study Guide ▯ ▯ Know what these are: ▯ ▯ Doctrine of coverture “By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least incorporated and consolidated into that of the husband: under whose wing, protection, and cover, she performs every thing; and is therefore called… a feme-covert…” – William Blackstone, 1765 Husband controlled o Property o Business relations o Domicile (where they lived) o Decisions about child-rearing Husband had the right to discipline wife; wife protected from prosecution for participating in husband’s crimes ▯ Federal employment law Title VII: prohibits discrimination by employers on the basis of race, color sex, religion, or national origin Equal Employment Opportunity Commission (EEOC): new government agency to create and enforce specific regulations related to employment rights (administrative law) Title IX of the Education Amendment of 1972: prohibits discrimination on the basis of sex in educational programs Equal Pay Act of 1963: prohibits wage differentials based on sex Pregnancy Discrimination Act (1978): overturns Supreme Court decision, declares that pregnancy discrimination is sex discrimination ▯ 1st amendment - right of free exercise of religion “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” ▯ CA Unruh Civil Rights Act “All persons within the jurisdictions of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” Laws forbidding discrimination by sexual orientation and gender identity ▯ Religious freedom restoration act (RFRA) (1993) A law or regulation may not “substantially burden a person’s exercise of religion” unless it: o “Furthers a compelling governmental interest,” and o “Is the least restrictive means of furthering that interest” This law does not apply to states (applies only to federal government) But 19 states have their own RFRA laws ▯ Little sisters of the poor & Obamacare The order of Catholic nuns and other non-profits have been forced to ask the Court for relief due to the government’s refusal to exempt them from a regulation that makes them choose between their faith —which prohibits them from providing contraceptives—and continuing to pursue their religious mission of serving the elderly poor; they won ▯ Federal administrative agency activities Administrative agencies were created to handle serious social problems and crises that are beyond the expertise of legislators and judges. They are staffed with subject-matter experts related to their missions. Enabling legislation is a law passed by Congress to specify the name, purposes, functions, and powers of administrative agency. Federal administrative agencies may exercise only those powers that Congress has delegated to them in enabling legislation. ▯ Civil rights act of 1964 Congress outlawed discrimination in public accommodations and employment Laws forbidding discrimination by race ▯ Article I, Section 8 of US Constitution Says what the federal government is allowed to do Powers to the federal government are only those delegated by the Constitution ▯ Prop 209 (1996, CA) Amended the California Constitution to prohibit public institutions from discriminating on the basis of race, sex, or ethnicity. ▯ Jim Crow White-dominated legislatures passing laws requiring racial segregation ▯ Thurgood Marshall & NAACP Thurgood Marshall was the United States Supreme Court’s first African-American justice White progressives and black civil rights activists founded the National Association for the Advancement of Colored People (NAACP), the nation's oldest civil rights organization, in 1909. This organization worked to assure legal rights for African Americans and to improve race relations. In 1954, Thurgood Marshall and a team of NAACP attorneys won Brown v. Board of Education of Topeka, Kansas. In this landmark decision, the Supreme Court held that segregation in public education violated the Equal Protection Clause of the Fourteenth Amendment. ▯ Right of Privacy The right to make your own decisions without governmental interference First came to be in Griswold v Connecticut (1965) ▯ Equal protection clause “...nor shall any state...deny to any person within its jurisdiction the equal protection of the laws” ▯ De jure v. de facto segregation De jure o By law; a high school was segregated because the law set it up to be segregated; whites went to white high schools because it was the white high school De facto o By fact; there was a town that was segregated; whites lived on one side of the tracks, blacks on the other; you would have what was in effect separate schools, not because the law required it; it arose from residential living patterns ▯ ▯ Know who they are, what their philosophies are & how they may defend issues: ▯ ▯ Aristotle People are virtuous if they contribute to society Telos = everything has a purpose and natural purpose; i.e., the best flute deserves the best flute player ▯ Kant The categorical imperative Respect for other persons Notion of universal rights Rational beings should have dignity and respect ▯ Rawls Veil of ignorance (not knowing what position you should be born into) o Certain rights are absolutely protected under the veil of ignorance Difference principle o People shouldn’t benefit from mere accidents of birth o We shouldn’t treat people differently from happenstance o We should treat people with equality ▯ Emile Durkheim Social theory perspective Law is the product of social consensus (shared values) Law is based on individual morality Argues that it is impossible to eliminate crime; there’s always going to be variation in behavior Some of us will always find objections to what others are doing; “our way is better than their way” Crime is a perfectly normal thing ▯ Karl Marx Law is a tool used by a dominant elite to protect their economic interests Society is divided up into classes and there are certain people who have more money and more power than other people; they have disproportionate influence on political process and use that influence to bring about laws that benefit them more than others Influence of the economic elite ▯ Max Weber Law is the result of a formal, rational process of deliberation (bringing rules into alignment with our principles) Law changes over time because we become more rational and more consistent with our true underlying values Idealistic viewpoint on law ▯ ▯ Class readings directly quoted in exam: “Let’s give up on the Constitution” - Louis Seidman “Access to abortion falling as states pass restriction” - Erik Eckholm “And we are not saved” - Derick Bell ▯ ▯ Cases: know the premise, who are the defendants/plaintiffs, what the verdict was & why the court ruled as they did: ▯ ▯ Unconstitutional v constitutional ▯ ▯ Obergefell v Hodges (2015) Equal protection issue o Discrimination by sex o Discrimination by sexual orientation o What is the state’s purpose? Liberty/fundamental rights issue o Is this right “so rooted in the traditions and conscience of our people as to be ranked as fundamental” o What is the state’s interest in preventing gay marriage? the Court struck down state bans on same-sex marriage, thereby granting the constitutional right to marry to LGBT Americans throughout the country. ▯ US v Virginia (1996) Basically about women in military academy Case has to do with whether women were allowed to enroll and attend a military academy run by the state of Virginia, the VMI (Virginia Military Institute) VMI cadets fought in the Civil War (long tradition, young men in Virginia would apply for admission in VMI) Didn’t admit women → extreme training and high demands for physical fitness → a lot of hazing ▯ Burwell v Hobby Lobby (2014) Hobby Lobby = privately held company based in Oklahoma; craft store; has to comply with federal laws HHS rules requiring employers to provide contraceptive coverage under Obamacare violate RFRA Privately held companies are “persons” The contraceptive rules “substantially burden” their right to free exercise of religion Government does have a “compelling interest” in guaranteeing cost-free access to contraception But the HHS rules were not the “least restrictive means” of doing so the Supreme Court held that the Religious Freedom Restoration Act of 1993 allows a closely held corporation to deny its employees contraceptive health care coverage of based on the employer’s religious objections. ▯ Loving v Virginia (1965) Basically about interracial marriage Virginia’s rationale for ban on interracial marriage; due to anti- miscegenation laws (laws saying you can’t marry interracially) Court agreed and said this was a case of racial discrimination Must ask if the law was necessary for a compelling state interest Supreme Court held that Virginia’s law violates equal protection clause of the 14th amendment and also deprived the Lovings of a “fundamental right” without a compelling justification The Court struck down state laws which prohibited interracial marriage and held that marriage was a fundamental right. ▯ Dred Scott v Sandford (1856) Dred Scott, a slave in Missouri, sued for his freedom on the grounds that he had lived for a time in a "free" territory. The Court ruled against him, saying that under the Constitution, he was his master's property. At the same time, the Court also ruled that the Missouri Compromise (1821) -- under which Missouri was admitted to the union as a slave state, Maine as a free state and slavery prohibited in the territory that later became Kansas and Nebraska -- was unconstitutional because it deprived slave-owners of their property. ▯ Grutter v Bollinger (2003) Michigan Law School’s affirmative action program passes “strict scrutiny” ▯ Brown v Board of Education (1954) Ended “separate but equal” doctrine Forbid mandatory segregation of schools o Allows people to attend schools based upon non-racial factors Established a principle used to end all forms of government- mandated racial segregation o Any place government was having separation of races; all of these were struck down based on this case which set precedent thereafter ▯ Bradwell v Illinois (1873) Myra Bradwell asserted her right to a license to practice law in Illinois by virtue of her status as a United States citizen. The judges of the Illinois Supreme Court denied her application with only one judge dissenting. Question: Is the right to obtain a license to practice law guaranteed by the Fourteenth Amendment to all citizens of the United States? Holding: No. While the Court agreed that all citizens enjoy certain privileges and immunities which individual states cannot take away, it did not agree that the right to practice law in a state's courts is one of them. There was no agreement, argued Justice Miller, that this right depended on citizenship. In his concurrence, Justice Bradley went above and beyond the constitutional explanations of the case to describe the reasons why it was natural and proper for women to be excluded from the legal profession. He cited the importance of maintaining the "respective spheres of man and woman," with women performing the duties of motherhood and wife in accordance with the "law of the Creator." ▯ Roe v Wade (1973) Basically about abortion Important case because there are different views on the morality of abortion Some people view abortion as murder; others view abortion as regulating one’s own body and one’s own decision Holding: Statutes that make criminal all abortions except when medically advised for the purpose of saving the life of the mother are an unconstitutional invasion of privacy. ▯ Plessy v Ferguson (1896) Constitution allows segregation of railway cars; establishes “separate but equal” doctrine When a law discriminates with regard to social arrangements, the equal protection clause requires only that it be reasonable; here the law was reasonably based on “the established usages, customs, and traditions of the people” As long as it’s reasonable, it’s okay to discriminate under the equal protection clause the Court upheld a Louisiana law requiring restaurants, hotels, hospitals, and other public places to serve African Americans in separate, but ostensibly equal, accommodations. In establishing the separate but equal" doctrine, the Court said that segregation is "universally recognized as within the competency of states in the exercise of their police powers." In the sole dissent, Justice John Marshall Harlan -- a former slave-owner -- said the ruling would "stimulate aggressions, more or less brutal, upon the admitted rights of colored citizens." ▯ Griswold v Connecticut (1965) Does a law against contraceptive use violate any specific provisions of the constitution? Basically about contraceptives Citizens have a right to privacy and that was being violated by the ordinance (the right to make your own decisions without governmental interference) This case laid the groundwork for Roe v Wade and most cases dealing with privacy and liberty thereafter ▯ Bowers v Hardwick (1986) Bowers = gay man living with other people in a house Outstanding traffic offense against him and the officer was going to arrest him in his home with a warrant Engaged in private, intimate sexual conduct with another man Police officer arrested both of them under the Georgia sodomy statutes the Court upheld Georgia's state law making sodomy a crime. The Court said that constitutional rights to privacy did not encompass what it called "homosexual sodomy," and that the law served a legitimate state interest, namely promoting what the court defined as "majority sentiments about ... morality." ▯ Bob Jones University v United States (1983) Fundamentalist Christian university not exempt from federal regulations against racial discrimination University had racially discriminatory policies (not accepting black students); didn’t allow dating between black and white students on campus It was a generally applicable law that applies to everybody ▯ ▯ Know these rules: their basic functions & how they’re supposed to behave: ▯ ▯ Assistant US Attorney Federal prosecutor Hired by US attorneys (who are appointed by President with advice and consent of Congress) Prosecute violations of federal law ▯ Deputy district attorney State prosecutor Hired by district attorneys (who are elected in each county) Prosecute violations of state law ▯ Attorney General The principal legal officer who represents a country or a state in legal proceedings and gives legal advice to the government The head of the US Department of Justice ▯ Civil Attorney Civil lawyers are very prevalent in the legal field. They specialize in a wide range of areas, including: personal injury law, employment law, family law, business and finance law, immigration law, real estate law, health and medicine law, landlord / tenant law, and more. ▯ Criminal Attorney A lawyer specializing in the defense of individuals and companies charged with criminal activity ▯ Barrister A type of lawyer in common law jurisdictions who works at higher levels of court ▯ Solicitor A legal practitioner who traditionally deals with most of the legal matters in some jurisdictions A lawyer who advises clients on matters of law, draws up legal documents, prepares cases for barristers, etc, and who may represent clients in certain courts ▯ Jurisdiction Authority to decide a case = what court? Subject matter (court has to be willing to deal with the kind of subject matter of your case, and must be willing to take jurisdiction over the person) Personal (sue someone where they live or where the matter or injury occurred) ▯ ▯ Know what these laws are: ▯ ▯ Federal Legislative (Congress) Judicial (federal courts) Executive (President) Administrative agencies (IRS, EPA) ▯ State Legislative Judicial (state courts) Executive (governor) Administrative agencies o Get power from legislature ▯ Administrative Law that governmental agencies set (i.e., EPA issuing new rules, IRS new rulings) Powers limited to those delegated by Congress; actions subject to judicial review ▯ Common Law set by precedent or solely on principle (rather than statutes or constitutions) ▯ Civil Laws that deal with conflicts among the private rights of individuals, groups, or businesses ▯ Tort (Civil Law) any wrongdoing for which an action for damages may be brought ▯ Legislative Law created by Congress (at federal and state levels) ▯ Constitutional I.e., 14th amendment, 5th amendment ▯ ▯ Levels of scrutiny ▯ ▯ Strict The law is unconstitutional unless it is necessary to a compelling governmental interest If the law categorizes on the basis of race, national origin, religion, or ethnicity There cannot be a “less restrictive” alternative available to achieve that compelling interest ▯ Intermediate Must be genuine (not post hoc) and important Must be substantially related Classifications based on gender must serve important governmental interests and be substantially related to an important governmental interest ▯ Minimal Only needs to be legitimate. Can be merely conceivable -- need not be actual Must be rationally related or non-arbitrary The law is constitutional so long as it is reasonably related to a legitimate government interest Classifications based on other factors (i.e., income); must be rationally related to a legitimate governmental interest This low standard was generally applied to laws that discriminated based on sexual orientation ▯ Reverse If the constitutionality of a law is challenged, the court needs to use one of the levels for the basis; the law was constitutional so they don’t need to analyze ▯ ▯ Amendments ▯ ▯ 13th amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. “ Abolished slavery ▯ 14th amendment --> regulates what? “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Gave citizenship to freed slaves Defines citizenship and grants equal protection under the law for all citizens ▯ 15th amendment “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. “ Right to vote for all (regardless of race, color, or previous condition of servitude) ▯ ▯ Questions ▯ Constitutional right to vote for women happened when? o Originally left to states o Minor v Happersett (1874) = voting was not a privilege of citizenship for women o 19th amendment = provided women’s suffrage aka the right to vote in 1920 Laws that discriminate on the basis of gender are ____ and when did the Supreme Court first began to uphold this? o Unconstitutional o Supreme Court first began to uphold this with the creation of Title VII in 1964 What are illegal forms of sex discrimination? Which ones violate federal law? o The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. o EEOC is responsible for enforcing federal laws that make it illegal to discriminate in employment against a job applicant, employee, or former employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These federal laws also prohibit employers from retaliating against workers who oppose discriminatory employment practices - for example, by reporting incidents of sexual harassment to their supervisor or human resources department - or against those who participate in an employment discrimination proceeding - for example by filing an EEOC charge, cooperating with an EEOC investigation, or participating in an employment discrimination lawsuit. Defense lawyers -- what actions would be unethical? o May not suborn perjury o May not help hide evidence o May not assist in future crime Can the government allow a law that discriminates based on gender to be upheld? (even when it’s unconstitutional) and if so, under what circumstances? o Yes, under the (BFOQ) bona fide occupational qualification defense. o In employment discrimination law in the US, the BFOQ provision of Title VII provides that: [I]t shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise… ▯ *8 questions will be scenario based* ▯ ▯ ▯
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