American Heritage 100 :: Fall 2006 [/\\] BYU

my student notes and resources from amh 100 at byu. i can make mistakes, so corrections are welcome.

use 'search this blog' above to search through my notes.

as an international student, i don't know much about american heritage either.

Dec 8, 2006: Lab

-Review Room is open through Friday next week...
-final exam review on (thurs and friday)
-hours are 9 to 4

there still is lecture next week, monday and wednesday

Final exam runs first 4 days of exam only!
: Saturday, Monday, Tues, Wednesday (Dec 16, 18-20)

3 different types of justices:
Social Justice: [lecture]
Economic Justice: [lecture]

today we will talk about Criminal Justice:

1. Founding
2. Modern

When the colonists got together to write the Declaration, and Constitution they included aspects of criminal justice in these documents.

We will be looking at trials, sentences, punishments, and making sure the court system is fair.
We will be looking at criminal due process. (not divorce cases, no crime committed)

Aspects of Criminal Justice in the Founding
-Declaration of Independence
-Bill of Rights

Aspects of Criminal Justice in the Founding

.Declaration of Independence
-*king george "has obstructed justice by refusing his assent to laws establishing judiciary powers"
---he prevent laws coming that would make criminals pay, by changing laws etc.
--"depriving us of ... trial by jury"
--"transporting us beyond seas and trying us for pretended offenses"
---the accused were shipped to england to be tried

-Article 1, Section 8 and 9:
-*They have abilities to make laws as to what is crime
-*Congress forbids the suspension of Habeas Corpus
---Habeas Corpus- a person can't be held in jail (after being arrested) for a long time without a trial
-*No ex post facto laws
-*No bills of Attainder
---bill of Attainder- a written document that singles out an individual or group of individuals and punishes them without trial
---means people being punished immediately without a fair trial
---trial by jury in state which crime has been committed

.Bill of Rights (Amendments 4-8)
-*4 Prohibits search and seizure without warrant and probably cause
-*5 Indictment of a grand jury
---Double jeopardy prohibited
---Forced self-incrimination
---Right to due process
-*6 Right to a speedy and public trial
---Impartial Jury
---Right to be informed of crime
---Right to be contronted by the witnesses against him
---Right to have power to compel witness in his defense
---Right to have legal counsel
-*7 Right to trial by jury (for cases that exceed $20)
-*8 Prohibites excessive bail, fines, or cruel and unusual punishment

Modern Criminal Justice
-We have a huge problem in today's society, due to prejudice
-how people define amendments...
-in early 20th century, 2/3 of people convicted were poor and in minority,
--could be due to judges and jury's bias, fault of the system
-Oversimplification of the justice system

-How do we solve stereotypes, the wealth gap?

14th- reconstruction amendment
--due process, no law can abridge rights of citizens
--can't deny someone equal protection of the laws

Focus on:
-Amendments violated:
-Significance of Court Case

Gideon v. Wainwright
-Gideon is poor, 1963, accused of stealing food from pool hall vending machine
-no evidence against gideon, wainwright sues him
-gideon too poor to hire a lawyer
--judge: right to lawyer only applies in federal cases
--gideon decides to defend himself, and he loses
--in jail: he studies law
--he learns his right to a lawyer
---Appealed to the Supreme Court (means a new trial)
----6th amendment rights violated
----denied due process
--supreme court overturns his conviction
--Supreme Court establishes the right to a lawyer in state AND federal cases
--It shifts the justice system to say the federal courts have more power than state courts

Miranda Rights
--"you have the right to remain silent..."
--"anything you say can and will be used against you in a court of law"
--"you have the right to talk to a lawyer and have him present with you while you are being questioned."
--"if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish"
--you can decide at anytime to exercise these rights and not answer any questions or make any statements"

Miranda v. Arizona 1966
-miranda a guy accused of rape, kidnapping, robbery
-pressured until confessed to the crime
-case overturned by supreme court
--violated of constitution's ban on self-incrimination
-they try him again,
-retried without confession... still guilty
-aside: miranda killed in a bar fight, assailant arrested, read his "miranda warning"

-Establishes Miranda Rights, applies to all people, regardless of who you are
-not forced to testify against themselves

Final Exam
--But... Only objective! No Essay!
-80% new material
-20% old material
--Mostly application type questions
-worth 250 points


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