Podcast
Questions and Answers
What was the significance of the Brown v. Board of Education case?
What was the significance of the Brown v. Board of Education case?
Which of the following best describes mala in se crimes?
Which of the following best describes mala in se crimes?
What does the Civil Rights Act of 1964 primarily aim to address?
What does the Civil Rights Act of 1964 primarily aim to address?
Which of the following systems best describes civil law tradition?
Which of the following systems best describes civil law tradition?
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What is meant by the term 'patriarchy'?
What is meant by the term 'patriarchy'?
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Which of the following accurately represents elements of criminal liability?
Which of the following accurately represents elements of criminal liability?
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What is the primary focus of restorative justice?
What is the primary focus of restorative justice?
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Which term describes crimes that are wrong due to their prohibition by law?
Which term describes crimes that are wrong due to their prohibition by law?
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Study Notes
Legislation and Minority Group Oppression
- Segregation Laws: Legally enforced racial separation in public spaces.
- Assimilation: The process of integrating minorities into the dominant culture, often through legal and social pressure.
- Brown v. Board of Education (1954): Supreme Court case that ended racial segregation in public schools, overturning the "separate but equal" precedent.
- Civil Rights Act (1964): Legislation prohibiting discrimination based on race, color, religion, sex, or national origin.
Legal Systems and Traditions
- Common Law: Judge-made laws based on precedent, originating in Britain; examples include Canada and New Zealand.
- Civil Law: Coded legal system; examples include the Code of Hammurabi, and France and Germany as examples of civil law nations.
- Chinese Socialist Law: Inquisitorial legal system with some adversarial elements.
Criminal Law Concepts
- Mala in se: Crimes inherently wrong (e.g., murder).
- Mala prohibita: Crimes prohibited by law, but not inherently wrong (e.g., traffic violations).
- 5 Elements of Criminal Liability:
- Harm: A legally recognized injury.
- Concurrence: Criminal act and criminal intent occurring together.
- Actus reus (criminal act): The guilty act.
- Mens rea (criminal intent): The guilty mind; the intent to commit the crime.
- Causation: A link between the act and the harm.
- Crime Control vs. Due Process Models:
- Crime Control: Prioritizes social order and punishment of offenders.
- Due Process: Emphasizes individual rights and fairness in the justice system.
- Exigent Circumstances: Exceptions to warrant requirements when immediate action is necessary.
- Mapp v. Ohio: Supreme Court case applying the exclusionary rule to state courts; evidence obtained illegally cannot be used in court.
Criminal Procedure and Standards of Proof
- Criminal Procedure: Government actions during arrests and investigations, following legal rules.
- Civil Case Standard of Proof: Preponderance of evidence (more likely than not).
- Criminal Case Standard of Proof: Beyond a reasonable doubt.
Other Legal Areas
- Tort Reform: Changes to civil lawsuits designed to reduce litigation or damages awarded.
- Tort Law: Addresses civil wrongs like negligence.
- Contract Law: Legal agreements between two or more parties.
- 19th Amendment (1920): Granted women the right to vote.
- Patriarchy: A social system where men hold the majority of power.
Types of Justice
- Distributive Justice: Fair allocation of resources.
- Retributive Justice: Focuses on punishment for offenders.
- Restorative Justice: Victim-centered justice; aims to repair harm.
Social Change and Resistance
- Inevitability of Social Evolution: Social change is bound to happen.
- Resistance to Change: Driven by profit, comfort, and fear of the unknown.
Administrative and Juvenile Courts
- Administrative Law: A branch of civil law that oversees regulatory agencies.
- Juvenile Courts (Established 1899, Chicago): Focus on rehabilitation over punishment.
Philosophy of Punishment
- Philosophies of Punishment: Includes concepts like deterrence, rehabilitation, retribution, and incapacitation.
Criminal Justice Practices
- Plea Bargaining: Defendant agrees to plead guilty to a lesser charge, in exchange for a lighter sentence.
- Vice Crimes: Examples include prostitution, gambling, and drug use.
- Prohibition Era: Increased crime and organized crime, due to prohibition of alcohol
Other Key Concepts
- Age of Consent: Legal age for consenting to sexual activities. (varies by jurisdiction)
- 2nd Amendment: Right to bear arms.
- Feminist Jurisprudence: Examining laws from a woman's perspective.
- Juvenile Delinquency Treatment: Focusing on stable, supportive upbringing and environments.
- Socialization Process: Learning societal norms from families and communities.
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Description
Test your knowledge on the key legislation affecting minority groups, including landmark cases and significant laws. Explore topics like segregation, assimilation, and the evolution of civil rights in the United States. Enhance your understanding of various legal systems and criminal law concepts.
