LS 170 LegalSt 170
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This 4 page Class Notes was uploaded by Brianna Alleyne on Friday September 9, 2016. The Class Notes belongs to LegalSt 170 at University of California Berkeley taught by Richard Perry in Fall 2016. Since its upload, it has received 11 views. For similar materials see Crime and Criminal Justice in Legal Studies at University of California Berkeley.
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Date Created: 09/09/16
September 7, 2016 ● English culture english people and culture believe they have a great gift for social justice ● Leviathan ○ Has a staff for the church ● Natural state of humankind is to kill all ○ Why we have the gov ● Crime is natural in the living society September 9, 2016 Leviathan Durkheim ● 18581917 ● 250 years after Hobbes ● First chair of sociology ● Founder of sociology of law, criminology ● First sociologist who has statistics ● Thinks of society as an organism ○ Tries to answer ● English thought they had key and knack for justice and criminal system ● Core argument is that nation states or society are different due thru the modes, forms, and ideology of collective conscience ● Colder protestant have higher death rate than hotter catholic rates ○ Protestant had higher suicide rate while catholic have higher murder ○ Called a social fact ○ If you commit suicide, you can’t be buried in a religious cemetery ○ Every suicide is a tragedy but 1,000 suicide is a collective consciousness ● Had high hopes for society ● Laws of penal evolution ○ Crime is whatever society criminalizes ● Had reasoning why Europeans were advancing more than western civilization ● Anomos/a nomie ● Crime is normal, healthy, and part of any healthy society/community ● Collective consciousness speaks to the grand jury Hobbes ● English colonies of North America ● English were fleeing the religious killing Corporal Punishment Discussion Jurisdiction ● Concurrent ○ When there is an overlap in who can decide over the case ● Original ○ Whoever has the first authority over the case Mapp vs. Ohio Exclusionary Rule ● Illegally obtained evidence prohibited from being admitted in a criminal trial ○ Source is the 4th amendment ○ Incorporated in 14th amendment due to case law Case ● 1961 ● There were prior cases but this case is when Supreme Court made the decision federal and apply to all states ● 4 police officers forcibly entered her home, no search warrant, no lawyer, and used excess force ● Convicted of porn but they were looking for drugs Source of Law ● Constitution ○ US and State ● Statutory ○ Congress and State Legislature ● Case Law ○ Common law ○ Court decision Bill Of Rights ● Question: Did it apply to the states? ● The first 10 rights were incorporated in the 14th amendment (binding) ● 14th amendment ○ due process of law in the state Nix vs. William Inevitable discovery exception ● If evidence is question would be inevitable, have been discovered without reference to the police error, there is no nexus sufficient to provide a taint ● Very subjective Case ● Robert William sexually assaulted and murdered 10 year old ● Officer on way to drop off William at a different location made him confess ● Body was found ● Supreme court rules: body would be found already Competing Values (Evidence) ● Efficiency ● Privacy ● Ind. rights ● Bodily integ. ● Equality gender, race, etc ● Accuracy ● Moral blame ● Public safety Sood Experiment ● Hypothetical experiment ● Heroin vs. Marijuana ○ Heroin ■ Bags sold to high school students ■ Used exception ■ People were concerned about public safety and moral blame ○ Marijuana ■ Bags sold to cancer patients ■ Exclusionary rule ■ Concerned privacy, ind. Rights ● Context changes outcome ● Illegal search ● Following Mapp vs. Ohio,both cases should be thrown out ● Threw out marijuana case but not heroin
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