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by: Trace Beier


Trace Beier
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Pierre St

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Pierre St
Class Notes
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This 11 page Class Notes was uploaded by Trace Beier on Tuesday October 13, 2015. The Class Notes belongs to SOCL 4471 at Louisiana State University taught by Pierre St in Fall. Since its upload, it has received 19 views. For similar materials see /class/222554/socl-4471-louisiana-state-university in Sociology at Louisiana State University.

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Date Created: 10/13/15
8262009 521 00 PM 82609 Friedrichs Chg 1 1 13 Administrative Agencies help the government They create rules they administer these rules and they punish people in various ways for violating these rules These rules that they create are essentially laws Examples include FCC FAA FDA EPA OSHA IRS Traditional Approaches o Positivistic using scientific model in the study of humans 0 Donald Black s Behavior of Law Theory is an example of a positivistic approach o Humanistic a nonscientific approach 0 work done by historians and philosophers Odd Laws o Trial by Ordeal 0 One example he uses is trial by ordeal used in England who s laws on which we base our country s laws and continental Europe about the 11th century Before trial by ordeal the idea of taking oaths seemed to make sense because they were swearing before God who they revered that they were telling the truth By risking perjury you dare to face not only death but also the wrath of God 0 When trial by ordeal began they would do crazy things to test innocence or guilt For instance they would stick the defendant s arm into a cauldron of boiling water and if he showed no scars God was indicating his innocence o In another scenario they would drop the defendant s whole body into freezing cold water if they person floated they were guilty God and Satan would intervene cause the outcome 0 Also used redhot iron 0 Trial by ordeal was highly irrational highly structured highly procedural and highly ritual thanks to the Roman Catholic Church People could request trial by ordeal other times people were given no option 0 In 1215 trial by ordeal was outlawed by the 4th Lateran Council Pope went before the council and asked them to agree to get rid of trial by ordeal Some forms were still used in secular courts 0 Now what happens now that trial by ordeal is gone How will we replace this method to determine innocence What will be our substitute England decided to leave it up to juries a procedure we still use today 0 Models Law Society Autonomous You ve got the law and you ve got society and here in between we ll meet any kind of dispute that rises can be resolved by the laws alone Homologous law and society are virtually inseparable this is our system of law Interactive law and society s relationship is reciprocal one influences the other Friedrichs takes this model as a basis Laws of culture are universal there is ALWAYS a law in ANY society 82809 Critic Perspectives Radical don t like the status quo don t like the law bc it represents the status quo and supports the side of power they see society as those who have power the wealthiest the luckiest trying to maintain their exalted positions Boils down to haves and havenots The justice you receive is the justice you can afford 0 These are the conflict theorists Karl Marx is an example of this 0 Country Club Dungeonquot cartoon o Conservatives tend to like the system that exists but they too see that the system and their rights are being threatened but by the liberals Internal this is the insider s POV primarily lawyers law teachers judges legislators etc These are the people who create and enforce the laws 0 Andrew Jackson Supreme Court said he could not run Indians off the land He essentially said Make mequot they couldn39t because he as an executive enforces the laws o Hypolexis there is too much law being created and enforced o Litigation Explosion being sued or suing is increasingly a more feasible possibility Class Action Suits Just because we have seen a rise in lawsuits over the years does not mean that we have seen a rise in trials They are often settled in ways other than going to court This is the case in both civil and criminal law We really see Fredrichs following an interactive approach in this section Current Issues o Sanctity of life 0 Abortion Roe v Wade Justice Roberts and Justice Leto hope to throw the balance of the scale to overturn Roe v Wade 0 Euthanasia Oregon only state to allow physician assisted suicide In Europe only allowed in the Netherlands and Belgium 0 Death Penalty historically has been maintained since the beginning of our country the US Supreme Court has never ruled that the death penalty is unconstitutional the majority of the public still support the use of death penalty in 2008 Gallop Poll 64 were in favor of death penalty This is the lowest percentage point in 30 years 35 states use the death penalty including Louisiana 83109 o Capital Punishment No longer can persecute people who are mentally retarded In 2005 US Supreme Court said that we cannot persecute anyone who committed a crime when they were under 18 o Rights Issues 1 Bowers v Hardwick 1986 related case the book doesn t have is Lawrence v Texas 2003 Bowers was charged with violating a Georgia criminal statute by committing sodomy with another male in his own house in his own room Charged a complaint against the constitutionality of Georgia s law The US Supreme Court declared that the constitution does not confer a fundamental right against homosexuals to commit sodomy i httpenwikipediaorgwikiBowersvHardwick 1 idea of due process a found in the 5th amendment which applies to the members of government i 5th amendment No person shall be deprived of life liberty or property without due process of law is governmental fair play b another is found in the 14th amendment for the states and of equal protection also found in the 14th amendment i Nor shall any State deprive any person of life liberty or property without due process of law 2 Lawrence v Texas 2 Houston police officers got reports that gunshots were being fired in Mr Lawrence s home so they entered his house and they saw him and another man Tyran Gardener engaged in a sexual act Since Texas law forbid certain sexual contact between homosexuals they were arrested charged and then convicted They appealed their conviction which went through to the US Supreme Court The Supreme Court set aside the convictions of Lawrence and Gardener The court held that this Texas statute that made this a crime violated the due process of laws and the 14th amendment the previous Bowers ruling was overturned o httpenwikipediaorgwikiLawrencevTexas staredecisis precedent 3 Katz v United States 1967 Privacy issue brings up 4th amendment the right of people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated htt enwiki ediaor wiki Katz v United States gambling business across states thought to be doing business through a public phone booth Police set up recording device on top of the phone booth which meant that they could only hear one side They did this without a warrant Convicted Katz of transmitting gambling information from Boston to Miami to another place Began appeals process and finally ended up in the US Supreme Court Katz won because they should have had a warrant and he had an expectation of privacy o Rationale the 4th Amendment protects people not places What a person knowingly exposes to the public even in his own home or office is not a subject of 4th Amendment protection But what he seeks to preserve as private even in an area accessible to the public may be constitutionally protectedquot 9209 Criminal Justice System Has lots of components and lots of people that somehow hangs together 3 major components o Police Over 13000 police departments in US 0 Federal US Secret Service Customs ICE Immigration Bureau of Customs Border Control FBI US Marshalls ATF DEA IRS Each has their own jurisdiction but sometimes there is some overlap There has been ongoing turf war like between FBI and ATF 0 State 4950 states have something comparable to a state mnde poHdng agency 0 Local In LA we have 64 parishes and therefore 64 sheriff s departments In addition to that we have municipal police deparUnents o Courts see P48 diagram courts tend to have jurisdiction over the courts below them 94 US District Courts 0 Federal Magistrate Courts 94 District Courts 13 US Circuit Court of Appeals and US Supreme Court 0 State 50 separate state court systems not even called by the same names All are hierarchical like in the federal court system Louisiana in order of highest to lowest power LA Supreme Court LA Circuit Courts of Appeal we have 5 of these LA district courts mainly deal with majorfelony offences 42 of these 5 family ampjuvenile courts 3 City and Parrish Courts these count because they get state levels 0 Local LA 205 mayors courts 390 justice of the peace courts o Corrections responsible for more than just the people who are locked up think Cricket there is probation probation agents overgghtLIheansandunethodsofdeaHngthefmandalBsues people being sentenced to be electronically monitored house arrest halfway houses restitution sentences community service treatment and rehabilitation programs parole and early releases 0 Federalfederalp son systen1 0 State each state has state prisons although not every state has a prison for women Hawaii is one When they are convicted of felony offences they are sent to another state 13 adult prisons we also have state juvenile prisons o Local64 pa sh pnsons and evenrnorelocaljaHs 9409 Quiz Wednesday Focus on the key concepts and other endofthechapter notes The Juvenile Justice System In the 1800 s there was a child separatist movement They want laws created that will allow them to intervene in the lives of children that were being neglected or abused and to have some sayso in how children were being dealt with They favored what is called the Doctrine of ParensPatriae ParensPatriae The state has the responsibility to look after the wellbeing of our children The state can actually step in and take the role of parent if and when it becomes necessary 0 In 1899 Illinois is the first state to create some kind of separate juvenile court system 0 It took until 1949 before every state had created a juvenile justice system Kent v US 1966 Morris Kent in 1959 was 14 years old living in the District of Columbia He was apprehended and charged with a number of house breakings and purse snatchings He was adjudicated a delinquent This means that a juvenile has committed an act which if committed by an adult constitutes crime He was placed on probation Fastforward to 1961 an intruder breaks into the apartment of a woman steals her wallet and rapes her The fingerprints were identified as belonging to Morris Kent He admitted that he was guilty of not only these offences but other offences as well The judge advised Kent that he was going to waive ofjurisdiction him to the adult court He s tried and convicted of 6 counts of house breaking On the rape charge the jury found him not guilty by reason of insanity Morris Kent appealed his decision and the United States Supreme Court reversed his decision The Supreme Court held that any juvenile court is going to waive the jurisdiction the juvenile has to have the assistance of attorney they have to have access to the full record and the judge has to put in writing the reasons for this waiver They were saying his due process rights were not met In re Gault1967GerylGault was 16 years old Him and his friends made a number of obscene phone calls to his neighbor Ms Cook The police arrested Gault and took him to jail for questioning They carried on with proceedings Because Gault couldn t testify on his own behalf and initially wasn t advised of his rights or given an attorney he gets sent to the Arizona State Obstruction School until he was 21 He appealed and the supreme court reversed the decision This case deals with 6th amendment rights Juveniles do not have the right to a speedy or public trial or trial byjury They do have the right to be informed of the nature and cause of the accusation the right to confront witnesses against them right to call witnesses up on their behalf and the right to an attorney In re Winship1970 Samuel Winship was 12 years old in NYC where he broke into a woman s locker and stole 112 out of her purse He got charged with larceny theft Under NY law he was considered a delinquent The juvenile court judge told the prosecutor that he didn t think that the evidence that the prosecutor presented was sufficient to establish Winship s guilt beyond a reasonable doubt But NY had a statute that said in juvenile cases all you need is a preponderance of the evidencemeans that you way the evidence of one side against the evidence of the other side and whoever weighs more that s how guilt or innocence is chosen So Samuel Winship was adjudicated a delinquent and was sentenced to go to a training school for 18 months and then subject to a yearly review so they could keep him locked up until he was 18 This case got appealed and the US appellate court refused to hear the case and the US supreme court took it and reversed the ruling because they did not use the beyond a reasonable doubt standard So the US supreme court said anytime you have a juvenile court preceding you have to use the beyond the reasonable doubt standard In Louisiana you have to be 14 to get waived o In Florida there is no minimum age 24 states don t stipulate a minimum age 91109 C Wright Mills Anyone can develop a sociological imagination Make a connection between personal biography and history When it comes to the imagination it also means that we re willing to see personal troubles as public issues or problems Make a list of important characters DA Pecot Sheriffs Ozenne New Iberia Resweber St Martin Fredrick Francis Bertrand DeBlanc Andrew Thomas Father Rousseve Dr Yongue Witnesses gave sworn testimony in form of an affidavit These got attached to a grief which got sent to supreme court justices Founder of the Nights of White Camellia Mr LeBIanc doesn t care if Willie is found guilty or innocent for the crime He supports capital punishment but he is a man who says If you screw it up the first go round you don t get to do it again Andrew Thomas There is a connection between Mr LeBIanc and the victim Thomas LeBIanc coowns the property He is very different He s white highly respected and a business man owns a pharmacy His murder leaves behind a family and a community who mourn his loss 8262009 521 00 PM 8262009 521 00 PM


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