Week 10 notes
Week 10 notes POSC 326
Long Beach State
Popular in California Comparative Government
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This 5 page Class Notes was uploaded by Laura Pratt on Monday January 25, 2016. The Class Notes belongs to POSC 326 at California State University Long Beach taught by Dr. Kaskla in Spring 2016. Since its upload, it has received 22 views. For similar materials see California Comparative Government in Political Science at California State University Long Beach.
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Date Created: 01/25/16
1132015 0 0 Brown goes against some of his own philosophy liberal thinking of public official Has had to dial back considerably going more towards conservative values actual policies are nothing like the liberal ideas we have of him Making cuts in California budget Only him has managed to cut the budget ldea when governor brown was elected was that he would open the prison gates and allow prisoners out allow this to ruin society as a liberal candidate quotRealignmentquot Send people from state prison system back to county jails Realign prison population by sending them back to counties Why wouldn39t you take these people on Overpopulation of prisons need to shuf e people in and out passing the buck on to another county because it isn39t quotyour problemquot In California it costs 47000 per year to lock up a single person If you put solar panels all of a sudden you are a socialist or capitalist a lot of money goes into this expenditure now Framed as something quotbadquot in conservatives39 eyes Dual justice 0 O O O Courts always deal with property who has it and who does not Little court action of constitutional rights and rights in general Supreme court expanding individual rights Earl Warren former governor of California window where there was one court that dealt with constitutionalindividual rights Dual system one system for the haves and one system for the rest of us The way that it operates is due to 1 Resources and the 2 Concept of dual citizenship Being stopped and unconstitutional rights invaded unreasonable search and seizure if you are a have you get to ght for your constitutional rights but if you are a have not you don39t have that quotluxuryquot Division between legal protections under both jurisdictions peculiar phenomenon dual citizenship Dual citizenship O Constitutional rights and protections Barren v Baltimore 1833 14th amendment all people born in US are citizens seemed to expand the idea of rights to all people in the US but this supreme court decision lingers it was never overturned we are citizens of our own individual states we think we are protected by rights but we don39t have full protection O We have constitutional rights but we don39t have protection Duncan v Louisiana 1968 o What about Barren v Baltimore 0 Warren Burger took over as chiefjustice and everything changed in other direction after that Judicial activism activist judges Like living constitution perspective 0 Same sex marriage criticism judges aren39t interpreting the law correctly too much of an quotactivistquot way of interpreting War on terror 0 What has been created in recent times is so much ambiguity so that they lose their identity entirely Unlawful enemy combatants lf US considers you one of these then habeas corpus no longerappHes Can detain you for excessive amount of time 0 Guantanamo bay very few people had a trial US Patriot act of 2001 0 Usually law enforcement needs a search warrant under section 215 gov39t is allowed to engage in sneak and peek searches if they nd things that are of value can retroactively ask for a search warrant Section 216 allows the gov39t to monitor your calls emails etc and can do so without a warrent National security letters NSLs FBI nds a person of interest and the letter goes to someone above you that won39t tell the individual o If FBI has issued a letter the person who receives the letter can consult an attorney NSA national security agency 0 16 in all engage in services alike 0 Best known of these Snowden revealed how much espionage is capable from this agency Rpoack California court structure O 0000 CriminalCivil Contractstorts gt90 guiltypleabargain Trial byjury in US have this right In CA less than 3 of criminal cases get tried by jury and less than 1 civil are tried by jury Superior courts trial Municipality courts dif culty shifting judges from state level to local level prop 220 got rid of municipal courts and now we have superior courts as a state system 38 diff court houses civil small claims probate family juvenile court etc 2000 judges Superior court system judicial discretion a lot of latitude to what witnesses are allowed can make those kinds of calls if there was a mistake made can39t just state that judge messed up there needs to be egregious misinterpretation 105 judges Higher up courts of appeal 7 judges Higher up state supreme court CA has most diverse supreme court diff ethnic groups gender 47 are women 11052015 California Courts cont 0 Structure State Supreme Court 7 Majority are women 0 3 of current are appointees of governor brown 0 2 have been appointed by Schwarzenegger Judges are up for reelection every 12 years rare that they don39t get reelected Commission on judicial nominees and evaluation and commission on judicial appointments 0 Commission on judicial performance 0 Making sure that they aren39t doing anything unprofessional Courts of Appeal 105 0 just because a case is led doesn39t mean that they will act on it 0 21000 were led last year 0 judges are up for reelection every 12 years justices are subject to review 2 commissions dedicated for that 0 Commission on judicial nominees and evaluation and commission on judicial appointments 0 Commission on judicial performance 0 Making sure that they aren39t doing anything unprofessional judge will get warnings before it gets serious Superior Trial Courts 2000 0 Automatic appeal for death penalty cases if get death sentence in trial court will be sent to supreme court will review your death sentence 0 judges start as appointees and subject to reelection every 6 years no term limits 0 Elections Elections of 1986 Chiefjustice Rose Bird Cruz Reynoso joseph Grodin appointees ofjerry Brown were voted out of of ce Rose Bird was against death penalty cases that she avoided voting for the death penalty 46 cases Problems and controversies 0 Beyond the boundaries of California like the death penalty 0 1 End to Privacy 0 2 justice is not color blind Assumptions are made regarding what people of color are up to especially young people In some cases police of cers are people of color and these situations aren39t reported on Suicide by cop where people want to commit suicide and don39t want to do it themselves so they do something crazy to get killed by a cop o 3 Mandatory sentencing leads to gt mass incarceration 3 strikes law 25life Cases were upgraded from misdemeanors to felony quotwobblersquot Proposition 36 2012 o If you get an enhanced charge for a third strike can get a resentencing Third strike isn39t a felony of itself can appeal and get it counted as a misdemeanor and Proposition 47 2014 0 changes drug possession charges from felony to misdemeanor in California 0 eligible for misdemeanor charge instead of felony for drug possession unless you were convicted for violent crime in the past 0 4 Raced mass incarceration Overrepresentation of African Americans in jails
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