Legal 101 Final

Rationalization

is a defense mechanism where individuals justify irrational behaviors or decisions with logical reasons, often in an attempt to protect their self-esteem or to avoid admitting guilt.

Rational Legal system

is a framework of law that is based on logical reasoning, emphasizing consistency, fairness, and objective principles in the application and interpretation of laws.

Irrational Legal systems

A framework of law that is based off of emotion, magic, etc. It often lacks logic and can lead to false decisions being made

Trial by ordeal

ancient judicial practices where guilt of innocence was determined by physical tests and religion

Plea Bargaining

A negotiation where the charged decides to plead guilty for a lesser charge

Base v. Superstructure

A marxist model that divides society into the economic foundation (base) and the non economic aspects upon it (superstructure). Base has forces and relations of production and superstructure has culture, politics, and law

False Conciousness

A Marxist theory, where opressed individuals will mimic beliefs and ideologies of the dominant class which leads them to misunderstand their own exploitation

Kelo v. New London

In Kelo v. City of New London (2005), the U.S. Supreme Court ruled 5-4 that the government can use eminent domain to seize private property for economic development, even if it means transferring it from one private owner to another, as long as it serves a "public purpose" like boosting jobs and tax revenue. Sided with the City of New London

Collective Conscience

Durkheim concept where shared beliefs unify a society, ex: celcebration of holidays

Durkheim’s interpretation of Last Words and Meals

Last words and Meals give the prisoner a chance to be seen as a human and gives them individuality

Mechanical Solidarity

The social integration that arises out of the similarities of members of society. Usually occurs in societies that have similar members and in pre modern societies

organic solidarity

The social integration that arises out of the differences of members of society. Usually occurs in societies that have different types of members and have a complex division of labor

Repressive Law

Focused on punishing the offender for violating rules (collective conscience)

Restitutive Law

Focused on Restoring the victim and the situation to its undamaged state

Durkheim's theory of crime and punishment

Crime is essential for society to function and punishment shows society’s collective conscience and maintains social solidarity.

Critical race theory

Race is a social construct, Race and racism are within the legal system designed to benefit white people.

Feminist legal theory

Law reflects and reproduces sexism, reinforces gender and gender roles, and gender-specific harms are not taken seriously in the legal system

Intersectionality

The concept that different issues can intersect. For instance, a black woman can deal with both racism and misogyny

Social Construct of Race

Race is a human invention that was designed to divide members of society into a hierarchy of social, political, and economic advantage

Redlining

The discriminatory practice of denying financial services, like loans, to residents of specific neighborhoods, due to race or ethnicity

Discretion of Law Enforcement

The power of right of a legal actor to make official decisions, choosing froma range of authorized options

Necesities of Discretion of Law Enforcement

1) It is impossible for laws to cover all situations

2) It is impossible to enforce all laws all of the time

3) Might need different solutions for different situations

Limitations of Law Enforcement Discretion

1. Can be misused

2. Bias

3. Abuse

4. Hard to supervise

Implicit Bias

Unconcious attitude or bias

Code of Silence in Law enforcement

Where Law enforcement officers may not report misconduct of other fellow officers.

Roles of Police

Ability to detain, arrest, and use deadly force with circumstances

Broken Windows theory and its critiques

Visible signs of decay signal a lack of care and leads to serious crime.

Some critiques are that it racially profiles communities with racial minorites and over policies communities with alot of racial minorities.

Community Policing

Decentralized police decision making, Emphasized ties between officer and community. Focuses on local problems and open to creative solutions

Police Legitimacy and trust

Procedural justice: the fairness of the process by which police make decision matters more than the outcome of those decsions

If people trust police, they are more likely to repost crimes, help as witnesses, obey, and give the police power

Limitations on Police power

4th Amendment, Fruit of the Poisonous tree, Specific Laws, Political priorities, policy and regulation

Criminal liability for police

Police do not have immunity from criminal prosecution

Civil Liability for police

Qualified immunity- ability to not be sued by citizens for mistakes on the job

Defund Police movement

A movement advocating for reallocating or redirecting police budgets and resources towards other public services, such as housing, education, mental health, and community-based violence prevention, rather than simply abolishing police departments.

Retribution

Initial punishment for the act committed

Incapacitation

Prevents Violators from offending by taking them off the streets

Deterrence

Prevents Violator or other potential violators form breaking hte law because they fear the consequences, may include shame

rehab

Makes violator into productive member of society

Mandatory minimums

legislatively set punishments for certain crimes, leaves judges little discretion in sentencing

• increase in prison

• disporportionate effect on people of color

Specific V. General Deterrence

Specific deterrence aims to prevent an individual offender from committing future crimes by punishing them. General deterrence seeks to prevent the general public from committing crimes by showing them the consequences of others' actions, thereby using the punishment of one as a warning to many.

Crimmigration

The criminalization of immigration to the US. Pushes it from being a civil law issue to a criminal law issue

Governing Through Crime

Form of governance that uses crime and fear of crime to enhance social control

Myth of Migrant Criminality

The idea that immigrants cause crime is a common clain used in news headlines, political campaigns

Common Immigration Myths

1) Borders are beyond control

2) Border restrictions reduce immigration

3) immigration is a threat to american culture

4) most immigrants are criminals

Dynamic Court

Courts are vigourous and effective proponents of change,

Constrained Court

Courts are unabel to produce social change on their own

Plessy v. ferguson (1896)

This Supreme Court case established the 'separate but equal' doctrine, upholding the constitutionality of racial segregation. The Court ruled that as long as segregated facilities were equal in quality, segregation did not violate the Fourteenth Amendment's equal protection clause.

Gaines V. Missouri (1938)

landmark U.S. Supreme Court case where the Court ruled Missouri must either admit Black student Lloyd Gaines to its all-white University of Missouri Law School or provide an equal, in-state law school for Black students, striking down Missouri's "separate but equal" approach for graduate education. The ruling forced states to provide truly equal education within their borders or integrate, setting a crucial precedent for ending segregation

Brown v. Board of Education I (1954)

was a landmark U.S. Supreme Court case that unanimously ruled state-sponsored racial segregation in public schools unconstitutional, declaring that "separate educational facilities are inherently unequal" and violating the 14th Amendment's Equal Protection Clause, effectively overturning the "separate but equal" doctrine from Plessy v. Ferguson (1896) and launching the modern Civil Rights Movement.

Brown v. Board of Education II (1955)

was the Supreme Court's follow-up ruling to its 1954 decision, which declared school segregation unconstitutional; Brown II addressed implementation, instructing states to desegregate schools "with all deliberate speed," acknowledging the difficulty but demanding action under federal court supervision, marking a crucial, yet slow, step toward integration after the initial ruling ended "separate but equal"

Parents Involved v. Seattle (2007)

was a Supreme Court case that struck down voluntary racial tiebreaker plans used by Seattle and Louisville to assign K-12 students to schools, ruling they violated the Equal Protection Clause of the 14th Amendment. The Court held that while achieving diversity is a compelling interest, the plans used a simplistic white/nonwhite classification and weren't narrowly tailored, essentially stating "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race". The ruling ended race-based student assignments but still allowed race-conscious efforts if part of broader diversity plans meeting strict legal tests. 

Equal Protection Clause

Equal protection means that a government must apply its laws fairly and cannot treat people differently without a valid reason.

De Jure segregation

Legal segregation of groups enforced by laws

de facto segregation

racial segregation that happens in reality due to social, economic, or residential patterns and not by law

Swann v. Charlotte-Mecklenburg Board of Education (1971)

landmark Supreme Court case that affirmed federal courts could order busing and other extensive measures, like racial quotas and altered attendance zones, to desegregate schools that remained segregated due to past discriminatory policies, ruling that racial balance was a legitimate goal for achieving integration after Brown v. Board of Education

Backlash thesis

argues that progressive social changes or government actions often trigger a strong, negative, and sometimes counterproductive reaction (a "backlash")

Defense of Marriage Act (1996)

a U.S. federal law defining marriage as between one man and one woman for federal purposes, denying federal recognition and benefits to same-gender couples, and allowing states to ignore other states' same-gender marriages

Obergefell v. Hodges (2015)

Supreme Court ruling that legalized same-gender marriages

Petit Jury

A gorup of citizens who hear evidence in criminal or civil trials to determine fact and come to a verdict

Grand jury

To determine whether or not there is probable cause to believe that an individual has commited a crime and should be put on trial

Positives of Juries

Legitimacy, checks judges, deliberative decision- making , checks on prosectors, public education

Negatives of Juries

Prejudice and bias, lack of legal expertise, may be more swayes by emotion , Expensive and slow, jurors personal feelings

5th Amendment

Indictment by a Grand Jury for capital or other serious crimes (imprisonment over 1 year = felony)

6th Amendment

Speedy Public trial, Impartial jury in the State and district where the crime was committed

7th Amendment

Jury trial in cases with over $20 value at issue, Juries as triers of fact

Voir dire

process fro selecting jurors

Cons: Not Scientific, hard to be proven and can be stereotypes

Criminal Jury

Focus on crime and protecting society and imposes prison times or fines

Civil Jury

Disputes between parties

Jury nullification

When a jury acquits even though the defendants legal guilt has been proven