Constitutional Law and the Criminal Justice System Ch 5
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what does the thirteenth amendment provide?
Ratified in 1865, it abolished slavery
what does the fourteenth amendment provide?
1) Ratified in 1868, Granted citizenship to all persons born or naturalized in the United States
2) also forbids the states to deny their citizens due process of the law or equal protection of the law. -incorporated or made certain provisions of the Bill of Rights applicable to the states.
how does discrimination differs from prejudice?
- Prejudice is an attitude;
- Discrimination is a behavior
what is the significance of the Dred Scott decision?
(1856) ruled that a freed slave did not have the right to remain free in a territory where slavery as still legal.
what did the courts find in Plessy V. Ferguson?
(1896) showed the Court's desire to avoid civil rights issues, declaring discrimination to be outside the realm of the Courts.
what are the Jim Crow laws?
Strictly segregated Blacks from Whites "separate but equal" -in schools, restaurants, streetcars, hospitals and cemeteries
what legislation in the 1960s and 1970s prohibited discrimination?
- The Equal pay act (1963)
- The Civil Rights acts (1964)
- The Equal Employment opportunity Act of 1972
- Title IX of the Education Amendments of 1972
- - prohibits discrimination based on race, color, religion, sex or national origin in employment and education in public and private sectors at the federal, state and local levels
what was the intent of affirmative action programs?
was created to spread equal opportunity throughout the diverse American population
what violations of the equal protection clause have occurred in the criminal justice system?
The equal protection clause prohibits discrimination in jury selection on the basis of race or gender
How do rights differ from a privilege?
- a right is a legally protected claim
- whereas a privilege is not necessarily legally protected
what Fourteenth Amendment rights do prisoners have?
cases based on Fourteenth Amendment rights involve equal protection on the basis of race, gender and the availability of facilities and services
how has the incorporation doctrine prevents states from infringing on citizens' rights?
the doctrine of selective incorporation holds that only the provisions of the Bill of Rights fundamental to the American scheme of justice are applied to the states through the due process clause of the fourteenth Amendment
Vocab: Due process of law
he Fifth and Fourteenth Amendments constitutionally guaranteed right of an accused to hear the charges against him or her and to be heard by the court having jurisdiction over the matter; it is the idea that basic fairness must remain part of the process, and it provides rules and procedures to ensure fairness to an individual and to prevent(s) arbitrary actions by government
Vocab: equal protection of the law
a constitutional requirement that the government must give the same legal protection to all people; like people must be treated in like ways
Vocab: SAR (suspicious activity report)
an official documentation of observed behavior that may be indicative of intelligence gathering or pre-operational planning related to terrorism, criminal or other illicit intention
a negative attitude regarding a person or a thing
an action or behavior based on prejudice
Vocab: Jim Crow Laws
laws that strictly segregated blacks from whites in schools, restaurants, streetcars, hospitals, and cemeteries
Vocab: Affirmative action
programs created spread equal opportunity throughout the diverse American population
Vocab: American Dream
the belief that through hard work anyone can have success and ample material possessions
Vocab: reverse discrimination
Giving preferential treatment in hiring and promoting to women and minorities to the detriment of White males
Vocab: Summary judgment
a request to the court to review the evidence and, without a trial, reach a decision to dismiss a case against the movant because there is no dispute of material fact that a jury need resolve
a party making a motion to the courts
vocab: disparate treatment
intentional acts of employment discrimination based on race, color, religion, sex and nation origin
Vocab: Disparate impact
policies or practices that are not intended to discriminate but, in fact, have a disproportionately negative effect on minorities
Federal law supercedes state law; if a state law stands as n obstacle to the purposes, objectives and execution of the federal law, the supremacy clause preempts the state law
A difference, but one that does not necessarily involve discrimination
Vocab: contextual discrimination
describes a situation in which racial minorities are treated more harshly at some points and places in the Criminal justice system, but treated no differently at other points and places
Vocab: Racial profiling
the process of using certain racial characteristics as indicators of criminal activity (such as skin color)
A legally protected claim
A claim that is not legally protected
holds that only the provisions of the bill of rights that are fundamental to the American legal system are applied to the states through the Due process clause of the fourteenth Amendment; also called selective incorporation
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