Supreme Court Cases and Legal Concepts: A Comprehensive Overview, Quizzes of Political Science

Download Supreme Court Cases and Legal Concepts: A Comprehensive Overview and more Quizzes Political Science in PDF only on Docsity! TERM 1 Roe v Wade DEFINITION 1 Women have a constitutional right to bodily privacy A fetus is not a person and therefore has no constitutional rights But.... the state has a compelling interest in protecting prenatal life and health of the mother and the state's interest must be balanced TERM 2 Furman v Georgia DEFINITION 2 Arbitrary and inconsistent application of the death penalty is a violation of the 4th (search and seizures) and 8th (cruel and unusual punishments) amendments, constitutes cruel and unusual punishment. TERM 3 Gregg v Georgia DEFINITION 3 Does not violate the 8th or 14th amendment when the jury is given a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching it's decision. (Proper instruction -includes the standard for sentencing. Also allows for appellate review on the case Death penalty can be imposed during specific aggravated factor (Extreme punishment for extreme cases) Result: Death penalty reinstated and establishes a new test for capital punishment (not unconstitutional) TERM 4 State v Brown DEFINITION 4 Castration for sex offendersFacts: 3 men committed brutal rape and were charged. After guilty pleas each were sentenced to 30 years in prison, or in the alternative, could agree to be castrated and then placed on probation for 5 years. Public safety vs the Rights of the defendants Ruled that castration as a condition of a suspended sentence is void Violated the state's constitutional ban on cruel and unusual punishment TERM 5 Fisher v UT Austin DEFINITION 5 Declared that the decision of the fifth circuit court failed to apply strict scrutiny when it agreed to uphold the university's affirmative action policy U.S. Supreme court ruled that the Fifth Circuit should have used a stricter standard to determine whether UT "needs" to consider race and ethnicity to achieve diversity (or if there are other ways to do so) Case was remanded for further consideration TERM 6 Lawrence v Texas DEFINITION 6 Sodomy laws violate 14th amendment.... (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 infringe on an individual's life, liberty or property) Consensual sex between two homosexual adults was not in violation of the law Major idea was that it violated the privacy and liberty of adults, struck down the sodomy law in Texas (extension to 13 other states as well) TERM 7 R v Butler DEFINITION 7 Court had to balance the right to freedom of expression under 2a of the Canadian Charter of Rights and Freedoms with women's rightsRuled the criminal offense of "distribution of obscenity" is a violation of freedom of expression (section 2b of the Canadian Charter) Simultaneously ruled that it can be justified under section 1 of the charter Final decision: The court found laws against obscenity would breach freedom of expression court noted that the law should not affect acceptable pornography (celebrate female sexuality), but ones that degraded women (hate speech) TERM 8 Why is punishment part of criminal law? DEFINITION 8 RetributionRehabilitationDeterrence TERM 9 Can a punishment be cruel if a defendant chooses that punishment? DEFINITION 9 constitutional rights may be waived if the waiver is voluntary, "intelligent and knowing" and "with sufficient awareness of the relevant circumstances and likely consequences TERM 10 Abortion DEFINITION 10 Roe v Wade women's right to get an abortion is protected by the personal privacies mentioned in the 14th amendment court explicitly refuted the fetuses "right to life" argument Viability: abortions should not be allowed if life outside of the womb is possible a fetus is not a person the unborn do not have rights a state/government has interests and can assert them during pregnancy interest in the unborn? TERM 21 Exemptions to Fourth Amendment: The General Public Use Doctrine DEFINITION 21 The General Public Use Doctrine- --- if surveillance occurs with a device that is "in general public use" then the surveillance does not contravene the fourth amendment TERM 22 The Contraband-Specific Doctrine DEFINITION 22 Drugs, guns, and large amounts of cash are indicative of criminality and government can search for these without cause. TERM 23 The Assumption-of-Risk Doctrine DEFINITION 23 If you don't want something known, don't share with third parties--- this includes, friends, your bank, your dry cleaners and your ISP TERM 24 Edward Snowden DEFINITION 24 Released confidential files to a journalist about the government and NSAU.S. government filed charges of theft of government property and two counts of violating the U.S.' 1917 espionage act through unauthorized communication of national defense information.These charges prohibited him from being tried in a public open courtQuestion: Hero or Traitor? TERM 25 Taibbi's The Divide DEFINITION 25 legal and social preference between the rich and poor. Poor people and organizations are subject to harsher moral treatment than the rich. Rich people feel contempt towards the poorSpeluncean revisted TERM 26 Is the Redskins name offensive DEFINITION 26 is it offense to minority groups?YesName patent has been cancelled TERM 27 Bronson v Swensen DEFINITION 27 Polygamy- tried to pick up two marriage licenses in Utah- violated utah constitution, utah law, and Utah enabling act Court ruled that the state has a compelling interest in the protection of the monogamous marriage TERM 28 Regina v Morgan DEFINITION 28 Facts: Morgan and his 3 companions had sex with his wife, Morgan said whenever his wife struggled it means she is liking it the trial judge informed the jury that an honest belief of defendants has to be reasonable in order to be considered a good defense One must have the intent to "have sex without the consent of the of the victim" in order to commit rape. Therefore an honest, but unreasonable belief as to consent negates intent TERM 29 Sodomy Case and Definition DEFINITION 29 Lawrence v. Texas Sodomy is generally anal or oral sexual activity between people or sexual activity between a person and a non- human animal (bestiality), but may also include any non- procreative sexual activity. TERM 30 The fourth amendment protects people not property. Exemptions: DEFINITION 30 The Knowing-Exposure DoctrineThe General Public Use DoctrineThe Contraband-Specific DoctrineThe Assumption-of- Risk Doctrine TERM 31 Pornography Case and Definition DEFINITION 31 R v Butler Pornography is the portrayal of sexual subject matter for the purpose of sexual arousal. TERM 32 Death Penalty Cases and Definition DEFINITION 32 Furman v GeorgiaGregg v Georgia TERM 33 Soft profiling DEFINITION 33 only using race as a factor. Plus, race doesn't really help if the entire/most is a minority or minority groups TERM 34 "The Myth of Racial Profiling" DEFINITION 34 Heather Macdonald Took the stance that racial profiling wasn't empirical- they sought where the crime was occurring Ex. if it was a rich white club owners trade or black for minority neighborhood drug trade TERM 35 Empirical definiton DEFINITION 35 Empirical evidence is a source of knowledge acquired by means of observation or experimentation.