AE 293-96: Criminal Procedure & Capital Punishment

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Questions and Answers

In Furman v. Georgia, what was the ruling regarding capital punishment?

Ruled capital punishment to be unconstitutional.

What significant event followed the Furman decision in relation to the death penalty?

Support for the death penalty skyrocketed.

What was the outcome of Gregg v. Georgia in relation to the death penalty?

Statutes with aggravating circumstances for the death penalty are acceptable.

What was the decision in Coker v. Georgia regarding executing someone for rape?

Held it was cruel and unusual punishment. Signup and view all the answers

What did the Green v. New Kent County case demand in terms of school desegregation?

A plan that would produce realistic results for desegregation. Signup and view all the answers

What did the Civil Rights Act of 1964 bring about in relation to school desegregation?

Brought the Department of Justice into the issue. Signup and view all the answers

Why were John Lawrence and Tyron Garner arrested?

For engaging in consensual sodomy. Signup and view all the answers

What was the outcome of the Texas Court of Appeals ruling on the sodomy law?

Two judges held the law unconstitutional. Signup and view all the answers

Which organization brought the case to the Supreme Court in Lawrence v. Texas?

Lambda Legal. Signup and view all the answers

How many times were 'private' and 'privacy' mentioned in the brief for Lawrence v. Texas?

70 times in a 50-page brief. Signup and view all the answers

Why did Texas Attorney General John Cornyn initially not want the Lawrence v. Texas case?

Because he did not support challenging the sodomy law. Signup and view all the answers

What was the stance of the Alabama and Utah briefs filed in Lawrence v. Texas?

They were pro-family coalition briefs. Signup and view all the answers

According to Blackmun, what was the status of Roe v. Wade with the current composition of the court?

Roe is law set in stone Signup and view all the answers

What did Thurgood Marshall always cite in his Legal Defense Fund cases?

Harlan's dissent in Plessy Signup and view all the answers

In what case did the US Supreme Court establish that a claim of discrimination must prove intentional discrimination?

Washington v. Davis Signup and view all the answers

What did the court reject in terms of discrimination in Washington v. Davis?

Disparate impact Signup and view all the answers

What was the significance of the last time the NAACP cited Harlan's Plessy dissent?

Argued that the constitution is color blind Signup and view all the answers

In 1983, why did the 6-3 court strike down the model anti-abortion statute from a city in Ohio?

Roe is firmly intact Signup and view all the answers

What was the argument presented during the Clinton administration against the individual mandate?

Libertarian grounds that the individual mandate went beyond the scope of congressional power. Signup and view all the answers

Why did arguments against the individual mandate recede during a certain period?

Discussion around healthcare reform fell to the backburner. Signup and view all the answers

What change occurred in the Republican approach to the individual mandate in an effort to defeat Obama in 2012?

Republicans opposed everything Obama did, including the individual mandate. Signup and view all the answers

What was Barnett's argument related to the government mandating the purchase of health insurance?

If the government can make you buy health insurance, it can make you buy broccoli. Signup and view all the answers

Why was it argued that Congress had the power to regulate healthcare due to its significance in the economy?

Healthcare made up a large portion of the economy. Signup and view all the answers

What bipartisan consensus was claimed to exist regarding individual mandates?

There was a bipartisan consensus to have individual mandates. Signup and view all the answers

What did Bostick argue should have been included in the Miranda warning?

Bostick argued that the cop should have said 'you have a right to say no'. Signup and view all the answers

In McCleskey v. Kemp, what challenge was brought to the court?

The challenge in McCleskey v. Kemp was against the race-based imposition of the death penalty. Signup and view all the answers

What did Powell suggest McCleskey needed to demonstrate to challenge his death penalty sentence?

Powell suggested that McCleskey needed to show that the jury took race into account when sentencing him. Signup and view all the answers

According to Brennan's dissent in McCleskey v. Kemp, how did he view the connection between race and criminal justice?

Brennan saw the connection between race and criminal justice differently from his colleagues in the majority. Signup and view all the answers

What was the central issue in Whren v. US?

The central issue in Whren v. US was a traffic stop involving an undercover police officer. Signup and view all the answers

How did the Rehnquist Court's liberals compare to the Warren Court's liberals in terms of decision-making?

Even the Rehnquist Court's liberals would not be considered liberals in the Warren Court. Signup and view all the answers

Study Notes

Abortion Laws

Doctors were required to inform women about potential risks of abortion, leading to 24-hour cooling-off periods and specific facility types.
The Supreme Court struck down an anti-abortion statute in 1983, solidifying Roe v. Wade.
This led to the Supreme Court becoming a key factor in presidential elections.

Affirmative Action

A 1964 Supreme Court case (AE 290-91) referenced a dissenting opinion that argued the Constitution is "color-blind."
This idea was cited by Thurgood Marshall in Civil Rights cases, arguing that the Constitution is color-blind.
The NAACP used this argument before the Civil Rights Act of 1964.
Later, civil rights activists and Southerners switched positions on the issue.

Gay Rights

Lawrence v. Texas (2003) involved the prosecution of two men for sodomy, challenging the Texas law criminalizing sodomy between consenting adults.
The court ultimately ruled the law unconstitutional, citing privacy and intimacy.

Healthcare Regulation

The Affordable Care Act (ACA) mandated insurance coverage, including guaranteed insurance for those with pre-existing conditions.
Conservatives initially supported individual mandates but opposed the ACA, citing concerns over congressional power.
Barnett argued that if the government can mandate health insurance, it could also mandate purchasing broccoli.

Criminal Procedure and Capital Punishment

In Bostick, the Supreme Court ruled that a Miranda warning for 4th amendment rights was not necessary.
McCleskey v. Kemp (1987) challenged the racial bias in death penalty sentences, with the court ruling that the defendant must show racial bias in the particular jury that sentenced him.

Desegregation and Busing

Green v. New Kent County demanded a plan to desegregate schools effectively, moving away from "freedom of choice" policies that allowed segregation to continue.

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