Critical Issues Final Study Guide PDF

Summary

This study guide for a final exam in a 'Critical Issues' course, likely at a university, covers various topics including legal cases, themes, and resources. It examines topics like the death penalty, systemic issues, and related concepts. The guide emphasizes the importance of understanding case law, different course materials, and student presentations during exam preparation.

Full Transcript

Color Key Overall Main Case studys Readings Study Guide for Final Exam Final Exam Study Guide Key Topics to Review Exam Preparation Tips 1. Review case law holdings (know key cases and th...

Color Key Overall Main Case studys Readings Study Guide for Final Exam Final Exam Study Guide Key Topics to Review Exam Preparation Tips 1. Review case law holdings (know key cases and their significance) 2. Look for themes across different topics 3. Make connections between different course materials 4. Review student presentations 5. Consider insights from "Just Pursuit" and other course readings 6. Be prepared to discuss: ○ Systemic biases ○ Ethical considerations in justice ○ Potential system improvements3 Recommended Resources to Review "Just Pursuit" chapters (especially Ch. 8-13) Washington Post article on death penalty "At the Death House Door" documentary insights Case studies discussed in class Your own presentation materials Review lecture notes, especially those from 10/21, 10/24, and 10/28. Reference peer presentations and their connection to class themes. Skim earlier notes from before the midterm for recurring themes. Case Law to Review Furman v. Georgia (1972) Color Key Overall Main Case studys Readings Gregg v. Georgia (1976) Roper v. Simmons (2005) Atkins v. Virginia (2002) DC v. Heller (2008) McDonald v. Chicago (2010) NY State Rifle & Pistol Assoc. v. Bruen (2022) US v. Rahimi (2024) Capital Punishment Case Studies Robert Roberson: Wrongly convicted based on "junk science" (shaken baby syndrome). Carlos DeLuna: Executed despite strong evidence suggesting innocence. Marcellus Williams: Racial bias and due process issues. Key Themes to Understand 1. Dialogue and Disagreement ○ Importance of engaging with differing opinions. Humanizes us and challenges our beliefs. Creates opportunities to learn and reconsider. Example: "Shaken Baby Syndrome" case of Robert Roberson discussed during the 10/21 panel. ○ Difference between disagreement and conflict ○ Norms for constructive dialogue: Discomfort Risks Engagement Listening Color Key Overall Main Case studys Readings Nonclosure 1. Experience discomfort 2. Take risks 3. Stay engaged 4. Listen for understanding 5. Expect and accept non-closure. 2. Criminal Justice System Complexities ○ Intersectionality: The interconnected nature of social categorizations, such as race, gender, and class, creates overlapping systems of discrimination or disadvantage. ○ Racial Disparities: Differences in outcomes or opportunities between racial groups caused by historical, structural, or systemic inequalities. ○ Socio-economic Influences: The impact of an individual’s economic and social position on their access to resources, opportunities, and life outcomes. ○ Systemic Biases: Prejudices embedded within laws, policies, and institutional practices that disadvantage certain groups. ○ Metaracism: Subtle and systemic forms of racial prejudice that operate within larger societal structures, often perpetuated unconsciously or through institutional mechanisms. Major Topics Covered 1. Death Penalty (Capital Punishment) Death Penalty Themes Impact on all involved: spiritual advisors, families, witnesses, and death team. Color Key Overall Main Case studys Readings Example: Rev. Carroll Pickett’s experiences documented in At the Death House Door. Key Case Law: Furman v. Georgia (1972) ○ Highlighted arbitrary implementation of death penalty ○ Led to 4-year moratorium Gregg v. Georgia (1976) ○ Reinstated death penalty ○ Introduced bifurcated trial system Roper v. Simmons ○ Prohibited capital punishment for those under 18 Atkins v. Virginia ○ Banned execution of mentally incapacitated individuals Important Statistics and Insights: 25 states have death penalty Average time on death row: 22.4 years Approximately 1 in 9 people on death row are innocent 154-200 death row inmates have been exonerated Arguments Against Death Penalty: Innocence concerns Racial and socio-economic disparities Cost (more expensive than life without parole) Potential for executing innocent people Ethical and moral considerations Historical context: ○ Modern era began in 1976 (Gregg v. Georgia). ○ 25 states still have the death penalty; several states maintain moratoriums. Color Key Overall Main Case studys Readings Death Penalty (Capital Punishment) Case Studies Carlos DeLuna Case From the Notes: Executed on December 7, 1989 Maintained his innocence Claimed another man named Carlos Hernandez committed the murder Convicted of killing gas station employee Wanda Lopez during a robbery Detailed Context: Carlos DeLuna was convicted based on: Two eyewitnesses One eyewitness was only 70% sure it was DeLuna DeLuna hid under a car during police activity because he was on probation No blood was found on him The judge believed he was likely to reoffend Broader Significance: Highlighted the potential for wrongful conviction Documented in "The Phantom" Netflix documentary Became a critical case study in discussing the risks of capital punishment Raised serious questions about the reliability of eyewitness testimony Demonstrated the irreversible nature of the death penalty Marcellus Williams Case From the Notes: Convicted in 2001 of killing Felicia Gayle Found stabbed to death in her home in 1998 On death row for 23 years Victim's family supported life without parole (LWOP) Anthony Ray Hinton Case Color Key Overall Main Case studys Readings From the Notes: Spent 30 years on Alabama death row Proven innocent Represented by Bryan Stevenson of Equal Justice Initiative (EJI) Now works at EJI Detailed Context: Illustrates systemic failures in the justice system Demonstrates the critical importance of continued legal advocacy Highlights racial disparities in criminal justice Shows the potential for wrongful conviction and extended imprisonment Robert Roberson Case From the Notes: Discussed during the "Dialogue Through Disagreement" Panel Involved a controversial shaken baby syndrome conviction Execution initially stayed in Texas on 10/17 Detailed Contextual Analysis: Personal Background: Diagnosed with autism Father accused of murdering his two-year-old daughter Initially suspected due to his emotional reaction at the hospital Case Complexities: 1. Medical Evidence ○ Daughter was chronically ill ○ Had previously suffered a fall from her bed ○ Medical evidence suggested accidental or natural causes of death 2. Neurodiversity and Misunderstanding ○ Roberson's autism influenced how he responded to his daughter's death ○ His emotional reaction was interpreted as suspicious by investigators Color Key Overall Main Case studys Readings ○ Demonstrated a critical lack of understanding about neurodevelopmental differences 3. Scientific Evolution ○ Initially convicted based on "shaken baby syndrome" diagnosis ○ This forensic approach has since been widely discredited as "junk science" ○ Illustrates how forensic understanding constantly evolves 2. Second Amendment Key Perspectives: Purposes of Second Amendment ○ Combat tyranny ○ Repel invasions ○ Self-defense ○ Support militia Gun control debate Balance between public safety and individual rights Differences between civil rights and liberties. Key case law: ○ Gun control debates: ○ Public safety vs. individual freedom. ○ Mass shootings and "ghost guns." ○ NRA's role and perspectives. Key Case Law: DC v. Heller (2008): Individual right to own firearms for self-defense. McDonald v. Chicago (2010): Incorporated 2nd Amendment rights to states. Color Key Overall Main Case studys Readings NY State Rifle & Pistol Assoc. v. Bruen (2022): Extended self-defense rights outside the home. US v. Rahimi (2024): Addressed domestic violence and firearm restrictions. Second Amendment Case Studies Kelly Williams-Bolar Case From the Notes: 40-year-old Black American mother of two in Ohio Arrested for "district hopping" Sent children to a school outside her living district Charged with: ○ Tampering with records ○ Grand theft (approximately $38,000) Detailed Context: Motivations: Wanted better education for her children Couldn't afford private school Sought school with: ○ Physical safety ○ Better educational quality ○ After-school programs Legal Consequences: Received 5-year sentence (maximum) Suspended sentence beyond 9 days served 2 years probation 80 hours of community service Broader Significance: Color Key Overall Main Case studys Readings Highlighted educational inequity Demonstrated intersection of race, gender, and socio-economic status Raised questions about access to quality education Illustrated systemic challenges faced by marginalized communities 2nd Amendment Case Studies DC Snipers (2002): State vs. federal prosecution decisions. 3. Eight Amendment Constitutional Text "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." Key Interpretative Principles 1. Core Constitutional Protections ○ Limits government's punitive powers ○ Ensures proportionality in legal consequences ○ Protects individual dignity in legal proceedings Landmark Cases and Interpretations Trop v. Dulles (1958) Capital Punishment Cases Case law highlights: Color Key Overall Main Case studys Readings ○ Furman v. Georgia (1972): Arbitrary application of death penalty deemed unconstitutional. ○ Gregg v. Georgia (1976): Reinstated capital punishment with procedural reforms. ○ Roper v. Simmons (2005): Banned death penalty for minors. ○ Atkins v. Virginia (2002): Prohibited execution of individuals with intellectual disabilities Significant Limitations on Capital Punishment: ○ No execution of mentally incapacitated individuals ○ No execution of individuals under 18 ○ Proportionality in sentencing Punishment Philosophy Considerations The 8th Amendment reflects deeper philosophical questions about punishment: Retribution: Punishment as societal justice Rehabilitation: Opportunity for personal transformation Deterrence: Preventing future criminal behavior Proportionality: Punishment should fit the crime Contemporary Challenges 1. Mass Incarceration 2. Conditions of confinement 3. Economic disparities in bail and sentencing 4. Racial and socio-economic biases in punishment 4. Broader Justice System Insights Bail system issues Plea deal pressures Racial disparities in: ○ Stops Color Key Overall Main Case studys Readings ○ Trials ○ Sentencing School-to-prison pipeline Recidivism Psychological impacts of incarceration

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