Civil Rights Law and Minority Oppression

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Questions and Answers

What are the two primary methods of enforcing racial separation in public areas?

  • Court orders and police brutality
  • Public opinion and community pressure
  • Social change and the status quo
  • Segregation laws and Assimilation (correct)

The Brown vs. Board of Education case effectively reversed the "separate but equal" doctrine from Plessy vs. Ferguson.

True (A)

Which of the following is NOT a protected characteristic under the Civil Rights Act of 1964?

  • Sexual orientation (correct)
  • Gender
  • Race
  • National origin

What is the definition of common law?

<p>Judge-made laws based on precedent.</p> Signup and view all the answers

Which of these nations is NOT considered a common law nation?

<p>France (B)</p> Signup and view all the answers

What is the primary characteristic of civil law tradition?

<p>A coded type of legal system.</p> Signup and view all the answers

What are the two types of crimes categorized by their inherent nature?

<p>Mala in se and mala prohibita (D)</p> Signup and view all the answers

What is the name given to the legal principle that requires evidence obtained illegally to be excluded from a trial?

<p>Exclusionary rule</p> Signup and view all the answers

Which of the following is NOT a recognized philosophy of punishment?

<p>Imprisonment (B)</p> Signup and view all the answers

The 19th Amendment, which was ratified in 1920, granted women the right to vote in the United States.

<p>True (A)</p> Signup and view all the answers

What is the main goal of restorative justice?

<p>Repair harm.</p> Signup and view all the answers

The ______ is a process that shapes our values and norms, often beginning within our families.

<p>Socialization process</p> Signup and view all the answers

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Flashcards

Segregation Laws

Laws that enforced racial separation in public spaces, such as schools and restaurants.

Assimilation

The process of integrating minority groups into the dominant culture, often through legal and societal pressures.

Brown v. Board of Education

A landmark Supreme Court case that desegregated public schools in 1954.

Civil Rights Act of 1964

This federal law prohibited discrimination based on race, color, religion, sex, or national origin.

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Common Law

A legal system where laws are based on precedents set by judges in previous cases.

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Civil Law Tradition

A type of legal system where laws are primarily based on written codes.

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Chinese Socialist Law

A legal system with an inquisitorial approach and some adversarial elements.

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Mala in se

Actions inherently wrong, like murder, regardless of legal definition.

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Mala Prohibita

Actions that are criminal only because they are prohibited by law.

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Elements of Criminal Liability

The five essential elements required to establish criminal liability.

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Crime Control Model

A model emphasizing protecting society from crime, with less emphasis on individual rights.

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Due Process Model

A model emphasizing individual rights and fairness in the legal process.

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Exigent Circumstance

An exception to warrant requirements when immediate action is necessary to prevent harm.

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Mapp v. Ohio

This Supreme Court case applied the exclusionary rule to states.

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Criminal Procedure

Rules governing police conduct during investigations and arrests.

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Standard of Proof

The level of proof needed in legal cases.

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Tort Reform

Changes to the legal system aimed at reducing civil lawsuits or damages.

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Tort Law

Branch of law dealing with civil wrongs, such as negligence.

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Contract Law

The branch of law that governs agreements between two parties.

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19th Amendment

The amendment that granted women the right to vote in the United States.

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Patriarchy

A social system where men hold power over women.

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Distributive Justice

The fair allocation of resources, like wealth or opportunities, among members of society.

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Retributive Justice

Focuses on punishment as a response to crime.

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Restorative Justice

A restorative approach to justice that emphasizes repairing harm and restoring relationships.

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Social Change

The inevitable progression of societies over time.

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Administrative Law

The branch of law that governs regulatory agencies.

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Juvenile Courts

Specialized courts focusing on rehabilitating young offenders.

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Philosophies of Punishment

Different philosophies guiding the punishment of criminals.

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Plea Bargaining

An agreement between a defendant and prosecutor for a lesser charge in exchange for a guilty plea.

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Vice Crimes

Activities often seen as morally wrong, such as prostitution, gambling, and drug use.

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Prohibition Era

A period in U.S. history when alcohol was prohibited, leading to increased crime and gang activity.

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Age of Consent

The legal age at which individuals can consent to sexual activities, varying by jurisdiction.

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2nd Amendment

The Second Amendment of the U.S. Constitution, guaranteeing the right to bear arms.

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Feminist Jurisprudence

A perspective on law that examines legal issues from a female viewpoint and experiences.

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Juvenile Delinquency Treatment

The best approach to juvenile delinquency treatment.

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Socialization Process

The process of learning social norms and values, starting with the family.

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Study Notes

Oppression of Minority Groups through Legislation

  • Segregation laws enforced racial separation in public spaces
  • Assimilation of minority groups involved integrating them into the dominant culture through legal and societal pressure

Brown v. Board of Education (1954)

  • Landmark case desegrating public schools
  • Overturned the "separate but equal" doctrine from Plessy v. Ferguson

Civil Rights Act (1964)

  • Prohibited discrimination based on race, color, religion, sex, or national origin

Common Law

  • Definition: Judge-made laws based on precedent
  • Origin: Britain
  • Common Law Nations: Canada, New Zealand

Civil Law Tradition

  • Definition: A coded type of legal system
  • Example: Code of Hammurabi
  • Civil Law Nations: France, Germany

Chinese Socialist Law

  • Characteristics: Inquisitorial legal system, adversarial elements

Meaning of Crime

  • Mala in se: Crimes inherently evil (e.g., murder)
  • Mala prohibita: Crimes prohibited by law

Limitations on Criminal Law

  • 5 Elements of Criminal Liability: Harm, Concurrence, Actus reus (criminal act), Mens rea (criminal intent), Causation

Crime Control vs. Due Process Models

  • Crime Control: Focus on justice for society
  • Due Process: Focus on justice for the offender

Exigent Circumstances

  • Exception to the warrant requirement when immediate action is necessary

Mapp v. Ohio

  • Supreme Court case that applied the exclusionary rule to states

Criminal Procedure

  • Rules on government operations during arrests and investigations

Standard of Proof

  • Civil Case: Preponderance of evidence
  • Criminal Case: Beyond a reasonable doubt

Tort Reform

  • Changes to reduce litigation or damages in civil lawsuits

Tort Law

  • Deals with civil wrongs (e.g., negligence)

Contract Law

  • Requires an agreement between two parties

19th Amendment (1920)

  • Granted women the right to vote

Patriarchy

  • System where men hold power over women

Types of Justice

  • Distributive Justice: Fair allocation of resources
  • Retributive Justice: Focus on punishment
  • Restorative Justice: Victim-centered, aims to repair harm

Social Change

  • Inevitability of societal evolution
  • Resistance to change: Profit, comfort, fear of discomfort

Administrative Law

  • Part of civil law, governs regulatory agencies

Juvenile Courts

  • First established in Chicago, Illinois (1899)
  • Focus: Rehabilitation over punishment

Philosophies of Punishment

  • Examples include deterrence, rehabilitation, retribution, incapacitation

Plea Bargaining

  • Agreement between defendant and prosecutor for a lesser charge in exchange for a guilty plea

Vice Crimes

  • Examples: Prostitution, gambling, drug use

Prohibition Era

  • Led to increased criminality and gang activities
  • Legal age for individuals to consent to sexual activities; varies by jurisdiction

2nd Amendment

  • Right to keep and bear arms

Feminist Jurisprudence

  • Examines law from a female perspective

Juvenile Delinquency Treatment

  • Best approach: Providing a stable, supportive upbringing

Socialization Process

  • Begins with the family, influencing norms and values

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