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Final Exam Study Guide

by: Laura Gregory

Final Exam Study Guide PSC 318

Laura Gregory

Joe Smith

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Study Guide for the final exam
Joe Smith
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This 31 page Study Guide was uploaded by Laura Gregory on Tuesday January 27, 2015. The Study Guide belongs to PSC 318 at University of Alabama - Tuscaloosa taught by Joe Smith in Spring2015. Since its upload, it has received 72 views. For similar materials see in Political Science at University of Alabama - Tuscaloosa.


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Date Created: 01/27/15
7Search and Seizure Cases Epstein and Walker pp 459483 II Know the steps in the criminal justice process as outlined in gure III1 on p 460 Reported or suspected crime I Investigation by law enforcement officials 4th amendment search and seizure rights 5th amendment selfincrimination clause I Arrest 6th amendment right to counsel clause I Booking I Decision to prosecute I Pretrial hearings initial appearance bail hearing preliminary hearing arraignment 5th amendment grand jury clause 6th amendment notification clause 8th amendment bail clause I Trial 6th amendment speedy and public trial jury confrontation and compulsory process clauses I Sentencing 8th amendment cruel and unusual punishment clause 8th amendment excessive fines clause I Appeals postconviction stages 5th amendment double jeopardy clause 460 What is the reason for requiring a grand jury or preliminary hearing before a criminal defendant is required to stand trial for a crime see p 461 The criminal justice system provides a check on prosecutorial discretion to ensure that the prosecutor is not abusing the power to charge persons with crimes This check occurs in one of two ways An individual accused o committing a federal offense or of violating the laws of some states will receive a grand jury hearing in accordance with the 5th Amendment Composed of laypersons the grand jury without the accused being present examines the prosecutor s case to determine whether the government s evidence is strong enough to support formal charges If the grand jury decides that the prosecutor has satisfied the legal requirements it issues a formal document known as an indictment ordering the accused to stand trial on specified charges If the grand jury concludes that the prosecutor s case is insufficient the defendant is released Because the right to a grand jury hearing is not one of the incorporated provisions of the Bill of Rights states are free to develop other methods of checking the prosecutor Several states use preliminary hearings which more closely resemble trials than does the grand jury process At such a hearing both prosecution and defense may present their cases to a judge who evaluates the adequacy of the government s evidence If the judge agrees that the prosecutor s case justifies atrial the prosecutor issues an information Roughly the equivalent of an indictment the information is a formal document that orders the accused to stand trial on certain specified violations of the criminal code F the prosecutor s case is found inadequate to justify a trial the judge may order the release of the defendant 461 111 What Does the Fourth Amendment Protect The Fourth Amendment prohibits unreasonable searches and seizures and details requirements for search warrants The right of the people to be secure in their persons houses papers and e ects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or a irmation and particularly describing the place to be searched and the persons or things to be seized 465 A Electronic Surveillance Did the Court s ruling in Olmstead v US protect telephone conversations from government eavesdropping Why or why not The Court rules in favor of the government that because the agents had not trespassed onto Olmstead s property the wiretapping was procedure that need not comply with Fourth Amendment requirements The Constitution did not protect Olmstead s conversations because it covers only searches material things the personal the house his papers or his effects 466 B Katz v United States 1967 1 Where did the FBI place its listening devices to investigate Charles Katz Listening and recording devices were attached to the shared outside top of the two public telephone booths 467 2 Does Justice Stewart think the question of whether the FBI physically invaded the phone booth is important No the fact that the electronic device employed to record the petitioner s words did not happen to penetrate the wall of the telephone booth can have no constitutional significance 468 3 Was the listening and recording of Katz s conversations a violation of the Fourth Amendment Yes the surveillance by the government agent s failed to meet the conditions set forth in the 4th amendment 469 According to Justice Harlan s concurring opinion what areas does the Fourth Amendment protect see the second paragraph of his concurring opinion The 4th amendment protects people not places For example a man s home is for most purposes a place where he expects privacy but objects activities or statements that he exposes to the plain view of outsiders are not protected because no intention to keep them to himself has been exhibited On the other hand conversations in the open would not be protected against being overheard for the expectation of privacy under the circumstances would be unreasonable 469 C Kyllo v United States 2001 According to the Court was the use of a thermal imaging device to detect concentrations of heat inside a home a search within the meaning of the Fourth Amendment Did such imaging require a warrant The Supreme Court held that the use of the thermal imaging device without a warrant violated the 4th Amendment Even though officers did not physically enter Kyllo s residence through the use of modern technology they were able to detect activity inside The government therefore had intruded where Kyllo had a reasonable expectation of privacy Under such circumstances a warrant is required 471 D United States v Jones 2012 1 Of what crime was Antoine Jones accused Cocaine trafficking 471 What sorts of electronic surveillance did police use on Jones Law enforcement kept his nightclub under visual surveillance installed a camera near the nightclub used a device to register the phone numbers of anyone calling Jones or receiving phone calls from him and installed a wiretap on J ones s cell phone 472 How did they keep track of where Jones drove Officers installed a GPS device on the undercarriage of a Jeep used by Jones 472 Did the police have a warrant to attach the GPS to Jones wife s car Yes the warrant required that the GPS device be installed within a tenday period and in DC 472 Did police abide by the requirements of the warrant No officers installed the GPS on the eleventh day while the car was parked in Maryland and later they changed the batteries while the car was parked in another public parking lot in Maryland 472 What information did the GPS record The GPS remained on the car for 28 days tracking the J eep s movement and locations It transmitted to police computer more than 2000 pages of data on the car s movement 472 Did the GPS record any information that could not have been observed by the public The GPS could tell police who was driving if there were passengers or what the driver and passengers did in the car or at their destination 472 According to Justice Scalia s Opinion of the Court does attaching a GPS to a suspect s vehicle to monitor the vehicle s movements constitute a search Yes the government s installation of a GPS device on a target s vehicle and its use of that device to monitor the vehicle s movements constitutes a search 473 4 10 Was it important to Scalia that the police physically attached something to Jones car Yes the combination of the physical penetration standard and the reasonable expectation of privacy approach expands the 4th amendment protections beyond what would be covered if just one of the two tests were to be used exclusively 475 11 Was the length of time that Jones movements were monitored important in Justice Scalia s analysis of this dispute No IV Searches and Search Warrants A What governmental of cials have the authority to issue search warrants Judges 475 What is probable cause Why is it important in the context of search warrants Judges must determine whether there is probable cause to believe a crime has been committed and that evidence of it will be found in the area sought to be searched If such cause is present the judge authorizes a search by issuing a warrant that carefully describes the area to be searched and the items that may be seized 475476 What are the two elements of probable cause identi ed in Aguilar v Texas 1 The tip must reveal adequately the informant s basis of knowledge How did the individual come to possess the information given to the police 2 The must provide the facts sufficiently establishing either the veracity of the affiant s informant or alternatively the reliability of the informant s report Illinois v Gates 1983 III What information did the police have that led them to believe that the Gates s were drug dealers An anonymous letter detailing that they were drug dealers 476 Was this information sufficient to establish probable cause as described in Aguilar v Texas No The lower courts applied the AguilarSpinelli test which stated that police lacked sufficient probable cause because the letter failed to state how the writer came upon the information 477 Did the Court use the AguilarSpinelli test to decide this case No they abandoned the twopronged test established in Aguilar Spinelli 478 With what sort of test did the Court replace the AguilarSpinelli test The totality of the circumstances test which simply requires the issuing magistrate to make a practical commonsense decision Whether given all the circumstances set forth in the affidavit before him including the veracity and basis of knowledge of persons supplying hearsay information there is a fair probability that contraband or evidence of a crime will be found in a particular place 478 Did the information possessed by the police in this case satisfy the new test that is did the Court rule that the evidence should be admitted or excluded Yes it is apparent that the judge issuing the warrant had a substantial basis for concluding that probable cause to search the Gateses home and car existed The judgment of the Supreme Court of Illinois therefore must be reversed 479 Exceptions to the Warrant Requirement A Be able to describe the following terms Search Incident to a Valid Arrest Police may conduct a search when placing a suspect under a valid arrest No search warrant is required There are two reasons for allowing these searches 1 to remove weapons or other objects that might place the officer in danger or provide a means of escape and 2 to prevent the suspect from disposing of evidence There are also two types of limits on these searches 1 The temporal limit means that police can conduct such a search only at the time o the arrest If the arresting officers forget to check something they cannot later return to conduct a search unless they have some other authorization to do so and 2 The spatial limitation means that searches made incident to a valid arrest may extend no further than searching the arrested suspect and the area under the suspect s immediate control 480 Loss of Evidence Search Police can conduct warrantless searches and seizures to prevent the loss of evidence These searches and seizures may extend no farther than necessary to preserve the evidence from loss or destruction Searches justified under evidenceloss conditions may not be full evidenceseeking procedures rather they must focus exclusively on the evidence at risk 480 Consent Searches Officials can conduct warrantless searches upon consent 480 a What are the two conditions for a valid consent search 1 Permission to search must be given freely and voluntarily 2 The individual granting consent must have the authority to do so 480 b Under normal circumstances who can give permission for a consent search A person with legal control over the area can grant permission for a search Examples include the owneroccupant of a house someone who leases an apartment the proprietor of a shop or the driver of an automobile 481 Safety Search A police officer may stop and pat down a suspect in a criminal case whom the police believe poses a danger in order to find and remove any weapons According to the Court for such searches to be valid two conditions must be met 1 Police must have reasonable suspicion to believe that the person is involved in criminal activity and 2 Police must also have cause to believe the person is armed and dangerous Such searches are limited to removing the danger 481 Plain View Doctrine If police officers are lawfully present in a place and contraband is openly visible there the officers may seize it without any additional authorization 482 B The Automobile Exception 1 Why are courts more likely to allow warrantless searches of cars than of other places The Court has given the police broad authority to search cars without warrants because 1 cars are mobile and thus evidence can quickly be removed from the area under investigation 2 automobile windows allows outsiders to look in and thus drivers have a lower expectation of privacy inside a car than they do in their homes and 3 the government has a pervasive interest in regulating cars 482 Arizona v Gant 2009 a For what was Gant arrested A suspended license 484 b How far was he away from his car when he was arrested 1020 feet away from his parked car 484 c How recently had he been in the car Gant had just pulled into his driveway parked the car and got out of the car 484 d What was found in Gant s car One officer found a gun and the officer found a bag of cocaine in the pocket of a jacket in the backseat 484 e What justi cation did the state give for searching Gant s car The passenger compartment of a vehicle can be searched without a warrant incident to the arrest of the vehicle s recent occupant 484 f According to Justice Steven s Opinion for the Court what two factors would justify searching a car after arresting someone Were either of these factors present in this case Police may search a vehicle incident to a recent occupant s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest Because these justifications were absent the search of Gant s car was unreasonable 486 Epstein and Walker pp 492517 Arrests and the Fourth Amendment 1 What is the legal meaning of the term arrest p 492 An act is considered an arrest whenever a legal authority deprives an individual for some period of time of his or her freedom of movement and rights of personal privacy How can police satisfy the probable cause requirement to make an arrest Generally police must obtain an arrest warrant from a judge In some occasions a warrant is not required For example Bar fight example if the police have probable cause to believe that a crime has been committed by direct observation and witnesses can identify that a particular person committed that crime they can make an arrest 492 What level of belief that a crime has occurred is necessary before police can make a stop compared to an arrest Police need only reasonable suspicion to conduct a stop or temporary detention Usually reasonable suspicion is considered to include situations in which a police officer has a factual basis for suspecting that criminal activity has occurred or is about to occur 493 Terry v Ohio 1968 1 Why did Of cer McFadden stop the men on the street He believed they were planning to rob a store 493 2 How is a stop different from an arrest A stop occurs when police temporarily restrain a person s mobility with no intention of taking the individual into full custody 493 3 Did Of cer McFadden search the men What did he find Yes he found guns on two of the men 493 4 On what basis did McFadden search the men A police officer has the right to frisk a stopped individual for the protection of his own safety 493 5 Did the Supreme Court uphold or overturn the conviction of Terry and the others The Supreme Court upheld the search as reasonable and allowed the weapons to be entered into evidence The ruling was affirmed 496 6 What reasons did the Court give for ruling this way When a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him 496 7 After this decision what rights do police have to stop and frisk people on the street What has to happen before they can conduct a stop and frisk How thoroughly may the officer search a person in this situation If an individual exhibits suspicious behavior that would lead a law enforcement official reasonably to suspect that criminal behavior is occurring or is about to occur the officer can detain the person to investigate and may also conduct a pat search of the person s outer clothing to search for weapons provided there is cause to believe the person may be armed and currently dangerous 496497 IV The Exclusionary Rule Excludes from being presented in court any evidence that was obtained by police actions that violated a suspect s right to be free from unreasonable government searches and seizures 497 10 How are police in England prevented from violating search and seizure rules over there That is what can happen to a British police of cer who searches someone s home without a warrant In England if police conduct an illegal search the evidence they obtain may be used in court against the accused but the person Whose privacy rights have been violated can sue the police for damages This system of police liability enables the British to enforce search and seizure rights 497 What is the rationale behind the exclusionary rule in the United States If police know that evidence produced by an illegal search will be of no use they have strong motive not to violate the Constitution during criminal investigations 497 Mapp v Ohio 1961 1 For what reason did the police come to Mapp s house on May 23 1957 She was harboring a fugitive from justice 498 2 Of what crime was Mapp eventually found guilty Felony possession of obscene materials 499 3 What is the main holding of this case The search and seizure aspects of the case Judicial integrity is necessary in the true administration of justice 503 The good Faith Exception US v Leon 1984 1 Of what crime was Leon accused Drug dealing 505 What reason supported his argument that the evidence against him should not be used at the trial The original informant lacked established credibility and the judge did not have probably cause 505 According to Leon s argument which of cial ie police of cer or judge had failed to follow the law The judge did not have probable cause 505 How did the government s lawyers respond to this argument The government s lawyers admitted that the defendant s had a valid point but argued that the courts should decline to throw out the entire case because of a defective warrant The officers had acted in good faith that the police believed they had a legitimate warrant and acted accordingly 505 Did the Court rule that evidence seized with a defective warrant can be used in court Under what conditions Yes under the condition that officers were acting in good faith and as long as the warrant was not based on a defective affidavit or did not have substantial probable cause given 505 When must evidence seized with a defective warrant be suppressed see last paragraph of majority opinion Only if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause 508 Hudson v Michigan 2006 1 What were the police looking for in Hudson s home Drugs and firearms 510 What was wrong with the way the police executed their search warrant They did not wait a reasonable amount of time for Hudson to answer the door three to five seconds after knocking they entered the home 510 12 What is the point of the knock and announce rule according to Rehnquist s opinion for the Court One of the interests is the protection of human life and limb because an unannounced entry may provoke violence in supposed selfdefense by the surprised resident Another interest is the protection of property The rule gives individuals the opportunity to comply with the law and to avoid the destruction of property occasioned by a forcible entry Finally the rule protects those elements of privacy and dignity that can be destroyed by a sudden entrance It assured the opportunity to collect oneself before answering the door 511512 Does the Court uphold or overturn Hudson s conviction Upheld the conviction and affirmed the use of the evidence 513 Herring v United States 2009 1 For what was Bennie Herring arrested He had an outstanding arrest warrant for failure to appear on a felony charge 514 What illegal items were found on him when he was arrested Meth and a pistol which as a convicted felon Herring was prohibited from possessing 514 What was the problem with his arrest The original arrest warrant had been cancelled five months earlier 514 Did the Supreme Court allow the police to prosecute him for the illegal items Yes the evidence was upheld 516 According to Chief Justice Roberts opinion of the Court did the police deliberately violate the Fourth Amendment in this case There was a 4th amendment violation an unreasonable search or arrest but the police officers did nothing improper The error was noticed so quickly because they actually requested a faxed confirmation of the arrest warrant 515 13 6 According to Justice Ginsburg s dissent are recordkeeping errors likely to cause lots of people to be searched in violation of the Fourth Amendment Yes negligent recordkeeping errors by law enforcement threaten individual liberty 517 Right to Privacy Epstein and Walker pp 397416 and 435454 I II III Where in the Constitution is the right to privacy mentioned Privacy is never specifically mentioned in the Constitution 397 What did the Connecticut law challenged Poe v Ullman prohibit The use of birth control even by married couples The Supreme Court dismissed the case 400 Griswold v Connecticut 1965 A What Connecticut law was challenged in this case The same 1879 Connecticut law banning birth control 400 What provisions of the Constitution protect the right to marital privacy according to Justice Douglas 1St amendment right of association 3rd amendment prohibition against quartering of soldiers in any house in time of peace Without the consent of the owner is another facet of privacy 4th amendment affirms the right of the people to be secure against unreasonable searches and seizures 4th amendment creates a right to privacy no less important than any other right carefully and particularly reserved to the people 5th amendment in its selfincrimination clause enables citizens to create a zone of privacy Which government may not force him to surrender to his detriment 9th amendment provides the enumeration in the Constitution of certain rights shall not be construed to deny or disparage other retained by the people 402 What provisions of the Constitution protect the right to marital privacy according to Justice Goldberg s concurring opinion The concept of liberty protects personal right that are fundamental The concept of liberty is not restricted and it embraces the right of marital privacy is supported by the 9th amendment 402 What provisions of the Constitution protect the right to marital privacy according to Justice Harlan s concurring opinion The Due Process clause of the 14th amendment implicit in the concept of ordered liberty 403 14 IV VI E Who according to Justice Black s dissenting opinion has the power to overrule state laws that are arbitrary capricious unreasonable etc See second column p 404 While Congress has the power to strike down statues state or federal that violate commands of the Federal Constitution Justice Black does not believe it is within their granted power by the Due Process Clause or any other constitutional provision to measure constitutionality by their belief that legislation is arbitrary capricious or unreasonable or accomplishes no justifiable purpose or is offensive to our own notions of civilized standards of conduct Such an appraisal of the wisdom of legislation is an attribute of the power to make laws not of the power to interpret them 404 F How according to Justice Black is the Constitution to be kept in tune with the times The Constitution must be changed from time to time and the Court is charged with a duty to make those changes The Constitution makers knew the need for change and provided for it Amendments suggested by the people s elected representatives can be submitted to the people or their selected agents for ratification That method of change was good for the Fathers and food enough for Justice Black 405 Before Roe v Wade did most states allow or prohibit abortions other than those necessary to save the life of the mother The majority of states defined performing or obtaining an abortion as a criminal offense under circumstances other than those necessary to save the life of the mother or from rapeincest due to a high likelihood of a deformed baby 407 How did the Court s decision in Eisenstadt v Baird 1972 extend the right of privacy articulated in Griswold v Connecticut 1965 The Court struck down a law that prohibited the sale of contraceptives to single people asserting that the law violated the rights of single people under the 14th amendment s equal protection clause 408 Roe v Wade 1973 A Under what conditions did the Texas law allow abortions Only when necessary to save the life of the mother 409 B What is the state s interest in preventing abortions see p 411 Modern science clearly establishes that life begins at conception Therefore the state has compelling interest in preserving the life of a fetus even if this abridges some privacy right of the mother 411 C What three reasons does Justice Blackmun say have been advanced to support criminalizing abortions 15 1 These laws were the product of a Victorian social concern to discourage illicit sexual conduct Texas does not advance this justification and it appears that no court or commentator has taken the argument seriously 2 The medical procedure for abortions has been a hazardous one for the woman and could place her life in serious jeopardy 3 The state s interest in protecting prenatal life which begins at the moment of conception Only when the life of the pregnant mother herself is at stake balanced against the life she carries within her should the interest of the embryo or fetus not prevail 411412 According to Blackmun s Opinion of the Court to what extent can Texas restrict abortions p 414 1 During the first trimester of pregnancy The abortion decision must be left to the medical judgment of the pregnant woman s attending physician 414 2 During the second trimester of pregnancy The State in promoting its interest in the health of the mother may if it chooses regulate the abortion procedure in ways that are reasonably related to maternal health 414 3 During the third trimester of pregnancy The State in promoting its interest in the potentiality of human life may if it chooses regulate and even proscribe abortion except where it is necessary in appropriate medical judgment for the preservation of the life or health of the mother 414 Private Activities and the Application of Griswold Epstein and Walker pp 433454 II III Under what circumstances do people have a right to keep information private according to Justice Harlan s concurring opinion in Katz v U S If a person has exhibited an actual expectation of privacy and the expectation is one that society is prepared t recognize as reasonable then they are under the protection of the 4th amendment If citizens expect privacy then they are entitled to it 434 What privacyrelated right did the Court uphold in Stanley v Georgia States can regulate obscenity but cannot regulate such activity inside someone s house The State has no business telling a man sitting alone in his house what book he may read or films he may watch 435 Bowers v Hardwick What did the law that was challenged in this case prohibit 16 IV Hardwick was arrested for violating a Georgia law prohibiting the practice of oral or anal sex The Supreme Court upheld the law 435 Lawrence v Texas 2003 A What sort of sexual activity does Texas law prohibit Is the gender of the people engaged in the sexual activity relevant to the law The Texas law made it a crime for two persons of the same sex to engage in sodomy This law only applied to participants of the same sex 437 How might Texas law violate the Equal Protection Clause of the 14th Amendment It singled out one group of people homosexuals without any legitimate legislative purpose 437 How might Texas law violate the Due Process Clause of the 14th Amendment The Texas law is an unjustified violation of privacy and liberty rights All Americans including homosexuals have the right to make their own choices about private consensual sexual relations and Texas cannot justify abridging those rights with the excuse that homosexual sodomy is not a fundamental right 437 Did the Court uphold or overturn Texas law What part of the 14th Amendment did the Court say that the law violated The Supreme Court overturned the Texas law saying it violated the Due Process Clause of the 14th Amendment 440 Cruzan v Director Missouri Department of Health A What was the state of Nancy Cruzan s health when her parents wanted to remove her feeding tubes She was in a persistent vegetative state with no signs of recovery 445 What state interest did the state supreme court cite in refusing to allow Cruzan s parents to remove her feeding tubes The state s strong interest in preserving the life of its citizens justifies the imposition of a judicial decision maker and a high standard of proof 446 17 C What does the state require before it will allow Cruzan s feeding tubes to be removed Clear and convincing evidence that Nancy would have waned her feeding tubes withdrawn 445 D Did the Court uphold Missouri s requirement Yes but two months later the Cruzan s petitioned a Missouri court for a new hearing At the hearing three of Nancy s former coworkers testified that she had said she would not want to live like a vegetable and the feeding tube was removed 448449 Civil Rights II III IV Reading Review questions for Epstein and Walker 603638 amp 652670 How does the text define civil rights p 603 Civil Rights are the legal provisions emanating from the concept of equality Civil rights issues involve the status of persons with shared characteristics who historically have been disadvantaged in some way Civil rights laws attempt to guarantee full and equal citizenship for such persons and to protect them from arbitrary and capricious treatment What sorts of people are protected by civil rights People with shared characteristics who historically have been disadvantaged in some way What provisions in the Constitution recognized and protected slavery Article I stipulated that a slave would be counted as 35 of a person for representation purposes it also gave slavery a degree of protection by prohibiting any federal restrictions on the importation of slaves until 1808 603 The Fourteenth Amendment A Discrimination 1 What is the general definition of discrimination offered by the textbook To distinguish between people or things 604 2 What sort of discrimination is prohibited by the Equal Protection Clause of the 14th Amendment Discrimination that is arbitrary and capricious unequal treatment that has no rational basis is unconstitutional 605 18 3 Rational Basis Test a What question do the justices ask when applying the rational basis test IS the challenged discrimination rational Or is it arbitrary and capricious 605 When using the rational basis test does the Court usually uphold or overturn the government s action Uphold the government s action 605 Which party bears the burden of proof under the rational basis test the party challenging the state action or the party defending state action The burden of proof rests with the party challenging the law to establish that the statute is irrational 605 What kinds of laws are evaluated using the rational basis test This is the traditional test used to decide discrimination cases but any law has to pass this standard A11 laws should have some rational basis if not courts can throw them out whether they discriminate groups of people or not This test is the lowest level of scrutiny and the easiest to pass 4 The suspect class or strict scrutiny test a What must be true for a law to be valid under the strict scrutiny test The must advance a compelling state interest by the least restrictive means available 605 When using the strict scrutiny test is the Court more likely to uphold or overturn the government s action The Court presumes the state action is unconstitutional 605 Which party bears the burden of proof under the strict scrutiny test the party challenging the state action or the party defending state action The burden of proof is on the government to demonstrate that the law is constitutional 605 What kinds of laws are evaluated using the strict scrutiny test Race national origin religion alienage 19 V e What groups are given suspect class status Groups that constitute discrete and insular minorities that have experienced a history of unequal treatment and a lack of political power 606 5 Intermediate Scrutiny a What kinds of laws are evaluated under the intermediate scrutiny standard Gender and illegitimacy 606 b What must be true for a law to be valid under the intermediate scrutiny test The unequal treatment must serve important government objectives and must be substantially related to the achievement of those objectives 606 State Action 1 What part of the Fourteenth Amendment limits its coverage only to actions by states The Equal Protection Clause 606 2 Does irrational discrimination by private parties violate the Fourteenth Amendment No discrimination by purely private individuals or organizations is not prohibited by the equal protection clause 606 3 Can state or national governments prohibit irrational discrimination by private parties Yes these forms of discrimination may well be in Violation of any number of state or federal statues but they do not offend the equal protection clause of the 14th amendment specifically The Civil Rights Act of 1964 prohibits discrimination that is based on any of several characteristics What characteristics are covered See section on Civil Rights Act of 1964 on p609 Race color religion sex or national origin 609 Racial Discrimination A Plessy v Ferguson 1896 20 What did the Louisiana law challenged in this case require The separation of the races on all railroads 612613 Did the Court uphold or overturn this law Upheld 615 B Sweatt v Painter 1950 1 What did H M Sweatt want Admission to the University of Texas Law School 617 What did the state of Texas provide An interim law school of blacks with plans to open a permanent law school later 618 In what ways did the opportunity that Texas offered Mr Sweatt fall short of full equality The new law school was substantially inferior to the University of Texas Law School The admissions requirements curriculum classrooms faculy etc of the new school was unequal to that of the UT Law School 61 8 Did the Supreme Court rule that Texas policy violated the equal protection clause Yes the Equal Protection Clause of the 14th Amendment requires that Sweatt be admitted to the UT Law School 619 C Brown v Board of Education of Topeka 1954 1 Did the Topeka School District s policies allow Linda Brown to go to her neighborhood school No under Kansa law cities with populations of more than 15000 were permitted to administer racially segregated schools and the Topeka Board of Education requires its elementary schools to be racially divided The Brown did not want their daughter to be sent to the school reserved for black students because it was from home and they considered the trip dangerous and their neighborhood school was a good one 621 How according to Warren s opinion for the Court had public education changed since the adoption of the 14th Amendment At the time of the amendment public schools were not common in the south and the education of white children was largely in the hands of private groups Education of blacks was almost nonexistent and practically the entire race was illiterate In fact any education of blacks was forbidden by in law some states 622 21 According to Warren s opinion are there tangible differences between the schools for white students and those for the black students involved in this case No there are findings that the Negro and White schools involved have been equalized or are being equalized with respect to buildings curricula qualifications and salaries of teachers and other tangible factors 622 What according to Warren s opinion are the consequences of separating black schoolchildren from white schoolchildren Yes separating children of similar age and qualification solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone Segregation of White and colored children in public schools has a detrimental effect upon the colored children The impact is greater when has the sanction of the law for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group A sense of inferiority affects the motivation of a child to learn Segregation with the sanction of law therefore has a tendency to retard the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racially integrated school system 62223 Why does Warren reject the separate but equal doctrine Separate educational facilities are inherently unequal 623 D Swann v CharlotteMecklenberg 1971 1 According to the Court39s decision in this case can courts impose numerical quotas for the percentage of students of each race in each school Yes awareness of the racial composition of the whole school system is likely to be a useful starting point in shaping a remedy to correct past constitutional Violations The very limited use made of mathematical ratios is within the equitable remedial discretion of the District Court 63 According to the Court39s decision in this case can courts require busing students to achieve integration Local school authorities may employ bus transportation as one tool of school desegregation 631 What are the limits on these sorts of court orders see top of first column on p 632 1 This judicial authority can only be used when the courts have determined that a particular district has violated the Constitution 22 2 The remedy imposed must be tailored to compensate for the Violation Parents Involved in Community Schools v Seattle School Dist No 1 and Meredith v Jefferson Co Board of Ed 2007 1 Were the raceconscious student assignment plans considered in these cases imposed by courts or adopted voluntarily by the school boards The school boards adopted the plans voluntarily 632633 What role did the race of the student play in the Seattle plan Race was the second tiebreaker option in the plan to assign students to the public high schools If an oversubscribed school was not within 10 percentage points of the balance then students whose race would bring the school closer to racial balance were given priority 633 What role did the race of the student play in the Louisville plan The plan required all nonmagnet schools to maintain a black enrollment of now lower than 15 and no higher than 50 Parents of incoming students ranked their two top choices from among the schools in their geographical cluster Assignment decisions were based on available space and the district s racial guidelines Once a school reached the extremes of the racial policy no student was assigned to that school who would contribute to the school s racial imbalance 633 How were students harmed by these plans Some students were denied admission to their top choice school solely because of their race 633 What goals were the school districts trying to accomplish with their raceconscious student assignment plans Achieving educational benefits of a diverse student body reducing the negative effects of racial isolation preventing segregated housing patterns from denying all students equal access to schools of their choice 634 Did the Court uphold or overturn these student assignment plans Both plans were overturned 636 1 Sex Discrimination pp 652670 A What attitude toward women was re ected in the Supreme Court s rulings in Bradwell v Illinois Minor v Happersett and Goesaert v Cleary The Supreme Court ended in decision that reinforced traditional Views of sex roles and did not help women in the workplace at all 652 Reed v Reed 23 What provision of Idaho law was challenged in this case In the case of competing petitions from otherwise qualified individuals of the same priority relationships males must be preferred to females 654 What according to Burger s opinion for the Court is the question presented by this case Whether a difference in the sex of competing applicants for letters of administration bears a rational relationship to a state objective that is sought to be advanced by the operation of the specific Idaho statute challenged 655 What was the purpose of the Idaho law being challenged according to the Idaho Supreme Court To eliminate one area of controversy when two or more persons equally entitled seek letters of administration and thereby present the probate court with the issue of which one should be named Does the Court uphold or overturn the Idaho law Overturned Frontiero v Richardson 1973 1 What policy by the Air Force was challenged in this case Military benefits policy discriminated on the basis of sex 657 How did this policy treat men and women differently Husbands of female officers were not eligible for benefits without proof that the husband was financially dependent on upon his wife For male officers it was presumed that their wives were financially dependent and they were automatically entitled to benefits without showing proof 657 What level of scrutiny did the Court use to examine this policy Rational basis test 657 What reasons did the Court give for using this level of scrutiny There was no majority to change the prevailing test so sex discrimination remained governed by the rational basis approach 4 judges supported elevating it to a suspect class and 4 judges remained wedded to the national basis test The one other judge never made his preference known Without the majority vote to change it it remained under rational basis 657 Did the Court uphold or overturn the Air Force Policy 24 Overturned 657 Craig v Boren 1976 1 What did the Oklahoma law challenged in this case say about the rights of men and women to buy 32 beer Men could not buy the beer until they were 21 but women could purchase it at the age of 18 657 Who challenged this law ie was it a man or a woman A man under the age of 21 who wanted to buy beer and a woman a store owner who wanted to sell the beer 657 What was the goal of this law according to the state of Oklahoma The state s interest in preventing the slaughter and property damage 11 the highways is sufficient to justify the statute 658 How is gender related to this goal Statistics demonstrated that compared to women men in the 1821 age category drove more drank more and committed more alcoholrelated offenses 657 Did the Court nd that the goal of this statute was important state interest Yes the protection of public health and safety represents an important function of state and local governments 659 Did the Supreme Court nd that discriminating on the basis of gender was substantially related to Oklahoma s goal No the statistics do not support the conclusion that the genderbased distinction closely serves to achieve that objective and therefore the distinction cannot withstand equal protection challenge 659 Did the Court uphold or overturn Oklahoma s law Overturned 658 United States v Virginia 1996 1 What college was the focus of this case Virginia Military Institute 664 What arguments did Virginia make for maintaining this college for males only Singlesex education yields substantial benefits and having a singlesex institution added diversity of opportunity to the range of educational options offered by Virginia 664 25 What had the state of Virginia done to provide equal educational opportunities for women The state created Virginia Women s Institute for Leadership to operate as a parallel program for women The new statesupported program was designed to provide an education that would train female citizen soldiers to take leadership positions in American society 664 Did the Court find that Virginia s solution satis ed the Equal Protection Act No the Court struck down VMI s singlesex admissions policy 669 What level of scrutiny did the Court use to evaluate whether this solution satis ed the equal protection clause Intermediate scrutiny 669 F Rostker v Goldberg 1981 1 What element of the Selective Service Act was challenged in this case The law authorizes the president of the United States to require every male citizen and resident alien between the ages of 18 and 26 to register for the draft 670 Did the Court uphold or overturn the challenged section of the Selective Service Act Upheld 670 What was the basis of the Court s decision according to the opinion by Rehnquist The purpose of the draft was to raise combat troops Since women were not eligible for direct combat duty there was little reason to include them in the draft process 670 II Discrimination Based on Sexual Orientation pp 671677 A Romer v Evans 1996 1 What was the effect of Colorado s Amendment 2 It reversed local laws giving sexual orientation the same status race sex and other protected categories 671672 Basically reversed the trend that barred discrimination based on sexual orientation 673 How did this amendment hurt gays lesbians and bisexuals The law singled out gay people and intentionally denied them all effective opportunity to seek relief from discrimination through the political process 673 26 III How did Colorado defend Amendment 2 What did Colorado say the effects of the Amendment were What did Colorado say the goals of the amendment were Amendment 2 does not infringe on the right to vote or on any other right of political participation It further advanced legitimate state interests of uniformity of state civil rights law promotion of religious liberty and promotion of associational freedoms 673 Essentially the amendment puts gays and lesbians in the same boat as all other people 673 What problems did the Court find with Amendment 2 What was the goal of the amendment according to the Court Amendment 2 withdraws from homosexuals but no others specific legal protection from the injuries caused by discrimination and it forbids reinstatement of these laws and policies 673 Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else 675 Did the Court uphold or overturn the amendment Overturned 675 Other Forms of Discrimination A San Antonio School District v Rodriguez 1973 1 Why did the Edgewood school district argue that Texas system of funding schools discriminated against them The Texas system discriminates against those living in poor districts primarily minorities and the economically disadvantaged These individuals cannot escape the educational system by moving to a wealthy district or sending their children to private schools 680 According to the Court s opinion in this case do the poor count as a suspect class for the purposes of equal protection analysis No 684 What level of scrutiny did the Court apply in this case Rational basis test should be used in economic discrimination cases in which a fundamental right is not at issue 684 In San Antonio Independent School District v Rodriquez 1973 did the Supreme Court overturn Texas system of funding schools No the funding system was upheld 683 27 I Af rmative Action A What are af rmative action programs according to the text Positive actions taken by the government to ensure that equality is achieved and the effects of past discrimination are eliminated 689 II Regents of the University of California v Bakke 1978 A How did the UCDavis medical school attempt to increase the number of nonwhite students The school developed two admissions programs to fill the one hundred seats in the entry class in order to improve minority participation 691 Who was eligible for the special admissions program How many slots were reserved for the special admissions program The special admissions program was for applicants who indicated that they were economically or educationally disadvantaged or were black Chicano Asian or Native American The school reserved 16 seats to be filled from the special admissions pool 691 On what grounds did Allan Bakke challenge the special admissions program The dual admissions program violated the equal protection clause of the 14th Amendment because applicants admitted under the special admissions program were at least statistically less qualified than some applicants rejected from the regular admissions pool 691 Justice Powell s Opinion of the Court 1 Does Powell conclude that af rmative action programs like this one challenged in this case should be examined using strict scrutiny Yes Powell s opinion argued that strict scrutiny was the appropriate standard but that although a diverse student body was a compelling state interest the use of quotas was an impermissible means of achieving that interest 698 2 How does the university justify its af rmative action program The legacy of racial discrimination continues to burden the advancement of discrete and insular minorities Standard forms of nondiscriminatory admissions policies have proven inadequate to remedy this problem More aggressive racesensitive remedial programs like the one challenged here are necessary 692 28 3 How can race or ethnic background be used in a university s admissions program according to Justice Powell Race or ethnic background may be deemed a plus in a particular applicant s file yet it does not insulate the individual from comparison with all other candidates for the available seat 695 11 Minority Hiring Programs A Why according to the text did the Court approve an employee training program that gave preference to minority applicants in United Steelworkers v Weber The justices found that the program was voluntary temporary and narrowly tailored to break down old patterns of segregation Furthermore no white workers were discharged demoted or absolutely barred from being admitted 699 What unit of the Alabama State Government was ordered to hire 50 minority promotion quota Alabama Department of Public Safety 699 III Minority SetAsides A What are minority setaside programs Minority setaside programs attempt to enhance the prospects of disadvantaged groups by granting them special considerations in the awarding of government contracts and benefits 699 What factors did the Court emphasize in evaluating whether the minority setaside programs in Fullilove and City of Richmond cases were consistent with the Constitution Whether the law was constitutional as a necessary means of advancing a compelling government interest whether the law was a narrow and carefully tailored measure to eliminate a particular type of discrimination the use of quotas as a means to alleviate discrimination whether the Constitution should be hostile to all racial classifications 700 How did Metro Broadcasting decision change the legal standard applied to minority setaside programs The Court held that federal setaside and affirmative action programs would be evaluated according to an intermediate scrutiny standard a significantly lower benchmark than the strict scrutiny analysis the justices earlier had applied to state and local programs 701 The Court had applied strict scrutiny to state and local program but intermediate scrutiny to federal plans 701 29 IV Adarand v Pena 1995 A What sort of minority setaside program was at issue in this case A preference policy called for the prime contractor to be paid a bonus if at least 10 of the overall contract amount was subcontracted to disadvantaged business enterprises small businesses that are minority owned and operated 701 How did the Court39s decision in this case change the legal standard applied to minority setaside programs The Court s decision to apply the same strict standards to the federal government as to state and local governments was important Although this ruling does not strike down all affirmative action programs it holds them to very exacting standards 706 Which side won this case Adarand or Pena Adarand V Grutter v Bollinger 2003 A How did the University of Michigan factor race into its undergraduate admissions policy The policy was to add 05 to the GPA s of minority people and to protect a number of lots for certain kinds of students including minority applicants 708 How did the University of Michigan factor race into its law school admissions policy The law school wanted a critical mass of minority students They did not confine diversity to racial and ethnic categories nor did it limit the number of factors that might be considered in assembling a diverse student body Each application was individually considered on its own merits 708 What are the benefits of racial diversity in the classroom according to the University of Michigan There are no raceneutral alternatives capable of producing a diverse student body without abandoning academic selectivity Was the University of Michigan s undergraduate admissions policy upheld or overturned Why Overturned because the automatic distribution of 20 points or 15 of those necessary for admission to every underrepresented minority applicant solely 30 because of race was not narrowly tailored to achieve the goal of educational diversity 708 Was the University of Michigan s law school admissions policy upheld or overturned Why Upheld because the Equal Protection Clause does not prohibit the Law School s narrowly tailored use of race in admissions decisions benefits that ow from a diverse student body VI Ricci v DeStefano 2009 A Why did the city of New Haven decide not to accept the results of the test of the re ghters There was a racially disproportionate outcome and they feared a potential Civil Rights Act lawsuit 717 Did the Supreme Court agree that New Haven had justi ed its decision not to certify the results No the firefighters had suffered discrimination contrary to the commands of Title VII of the Civil Rights Act The city s action as motivated by the fact that certifying the test results would have resulted in too many firefighters and not enough minorities being promoted Canceling the test results violated the Civil Rights Act as disparate treatment based on race The idea that certifying the results would have a racially disproportionate impact was an insufficient argument for the city 718 31


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