Term
1st Three articles of the constitution |
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Definition
Article 1- Legislative Branch
Article 2 - Executive Branch, President, The Cabinent, Federal Agencies
Article 3 - Judicial Branch: courts |
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Term
All 3 branches can "Make" law, but __________ is the legislative body, which officially creates federal laws. |
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Definition
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Term
US Congress- House representative chosen based on: |
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Definition
-on size of pop of state
-number of congressional districts
435 members |
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Term
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Definition
2 senators from each state regardless of pop.
100 senators |
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Term
Congressional lawmaking
Draft Bills from members of Congress to: |
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Definition
Both houses:
-House of Reps
-Introduction Senate |
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Term
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Definition
the member wants to and is authorized to move forward.
-Date and vote-whether to push the bill to full committee
Full Commitee- votes for a go--Goes to the floor
edit |
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Term
3. Floor Activity
-If proposal passes committee goes to full house
House of Reps/Senate |
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Definition
House of Reps- can control the how long the debate goes for
Senate- has filibuster
Bills are voted on to go Conference Committee |
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Term
4.Conference Committee
(after floor action) |
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Definition
Compromise with senate and house of reps to make the bill identical |
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Term
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Definition
A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session
- If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
- If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law
- If it sits unsigned by the president for more than 10 days it become a law without the president's sign.
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Term
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Definition
Key notion that we have an equal our representation,so if market ecomony by definition have as a side effects some that are weathlier than others |
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Term
What do we mean by modern? |
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Definition
These theories,
-contract between democratic equality and market inequality |
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Term
Max Weber
"Modern Soceity"
requires laws ? |
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Definition
organized around rationality.
laws must be:
-predictable
-calculable
-written |
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Term
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Definition
-Calvinism and predestination
Challenges "lez far" market will correct itself
-Capitalism requires "good" and hard workers
-"elective affinity" between capitialism, Calvinsism, and rationality |
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Term
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Definition
Argues that the traditional Society is organized and planned society
-individuals become more "modern" individual becomes more important--pivotal
-rise of individualism, you require contracts to guide those relationships
-indiv developed rights and obligations |
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Term
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Definition
Law-repressive
Modern Soceity org, ard division of labor
Driving force
-you will not be penalized severely but
development of divsion of labor |
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Term
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Definition
Legal concepts=human construction
-Law first passed in 1349. New Legal concept
-passed in feudal England in 1349 was designed to deal with scarity of workers and eskyrocketing wages
-made it illegal to refuse work
-ceiling wages |
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Definition
-Rural, agricultural
-Two main classes: feudal lords
-By 1349 feudal economy was transforming |
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Term
How does the Census define race today? |
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Definition
-counts by race to reflect political interest and understandings of minorityhood
-Critical race theory- "race is not objective, inherent or fixed" |
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Term
1970s first weighs on
___________? |
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Definition
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Term
Comprehensive Drug Abuse and Control Act 1970 |
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Definition
-Eliminates mandatory minimun sentences for drug offenders
-reduced penalty for first-times possession of marijuana to a misdemeanor.
- |
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Term
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Definition
the media goes to town with this,
this crack babies, black
-its access |
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Term
1986 Anti-Drug Abuse Act
1988 Anti-Drug Abuse Act |
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Definition
-Moved through Congress really quick
-Raised level of punishment for possession of crack cocaine
-Dealing with "war" on drugs"
-moral panic |
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Definition
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Term
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Definition
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Term
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Definition
Multiple forms of law:
-Congressional laws
-Administrative rules
-Norms, practices
Muliple legal system
-federal
-state
-local courts
-administrative
-international tribunals |
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Term
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Definition
-Civil Liberties
+Freedom of speech
+Freedom of religion
-Civil Rights
+Trial by jury
+Voting
-Statutory rights
+enacted by the Congress
-Equality
+14th Amendment to the U.S. constitution
+Due process rights
-6,7,8 |
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Term
Article III of the U.S. Constitution |
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Definition
the judiciary are accept cases and the controversy |
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Term
The Judiciary Act of 1789 |
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Definition
Article III, section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court," and such inferior courts as Congress saw fit to establish. |
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Term
The Tiers of the Federal Courts |
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Definition
-Federal District Courts: trial courts
-Circuit Courts: appellate court
-U.S. Supreme Court
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Term
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Definition
Marbury vs. Madision
that gave the supreme court power of judiciary review |
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Term
The Jurisdiction of the Federal Courts |
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Definition
-All crimes against the US
-Civil actions arising under the U.S. Consitution
-Diversity casesL suits between citizens of two states
-Admirality
-review of enforcement orders and actions of regulatory agencies
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Term
Filing a Case in a Court of law: the passivity of the courts |
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Definition
Standing
-In the appropriate court for the case in dispute
Case and Controversy
-Individual bringing the case is directly affected by another individual |
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Term
Trial and Appeal:US Circuit Court of Appeals |
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Definition
Sit in panels of three article III judges |
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Term
Appeal: U.S. Supreme Court |
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Definition
Writ of Certiorari:currently means an order by a higher court directing a lower court,
2. Oral Arguement |
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Term
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Definition
sets about debunking notion that stare decisis is implemented impartially |
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Term
Amalgamated Food Employees Union v. Logan Valley Plaza 1968 |
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Definition
Upheld's union's right to picket in shopping mall, as against property right of mall owners |
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Term
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Definition
Distinguished the precedent
-Activist have no right to picket on private mall property
-changed content of the speech
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Term
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Definition
Hudgens identical to Amalgamted (pickted mall first precedent)
***Decision
-Went against free speech right of union
-Reasoning = Lloyd decision couldnt have gone against
Lloyd precedent |
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Term
Alien and Sedition Acts of 1798 |
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Definition
Prohibited "writing, printing, uttering or publising any false, scandalous and malicious writing or writings agianst the govt of the us or either house o the congress of the US or the president of the US |
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Term
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Definition
Aboltionist arrested for speaking on a public park |
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Term
19th Century Theories of Crime |
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Definition
-positivists studied criminal
-related crime to causes WITHIN the criminal
-Criminal is criminal bc different in some fundamental way |
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Term
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Definition
Early 20th century
The Kallikak family
"A study of Feeblemindedness"
hereditary and major cause of crime |
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Term
Early 20th Century the progressive Era Response |
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Definition
Challenged claim that crime was heredity
-Focuses on changes of society
=industrialization
=urbanization
=Immigration
=Economic inequality
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Term
Social-Cultural Determinism: The Chicago School 1920s |
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Definition
Used city as a laboraty
Social disorganization = unstable
it becomes a terrian of little othinc
"transitios bc peopel moving in and out
crime most likely in particular parts of the city |
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Term
Shaw and Mckay
(Social Determinism theory) |
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Definition
There were too many differnet types of areas
-Theorized disorg but found diversity
-Relied on offical stats, focused on those who's been caught |
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Definition
Focuses on development of Theory of Crime
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Term
Merton:
All societies are organized around- |
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Definition
"Culturally defined goals"
Social structure that "defines, regulates, and controls acceptable modes of achieving goals |
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Term
Merton Condition
"effective equilibrium" |
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Definition
American Society
-extreme emphasis on goal of accumulation of wealth;
-limited opportunity to realize wealth through social structure. |
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Term
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Definition
A response to ineffective equilibrium
-not being in control of one's destiny as defined by society |
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Term
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Definition
Mismatch between goals and structure explains crime in society
-the consequences of that is various kinds of responses to it. |
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Term
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Definition
Norms: Defines prescriptions and prohibitions
Learn waht to do and how to do it
-attitude and skills
-Opportunity is two sided |
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Term
Differential Association
"Subcultures of crime" |
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Definition
-Criminal values
-Conflict/violence
-Retreatist/Consumption |
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Term
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Definition
Uniform crime rates- reported by the FBI
Victimization rates as reported by the bureau of justice statistics |
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Term
how does the media portray crime?-Law and Order |
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Definition
officers- good people, sometimes flawed with human vulneerabilites-"just like us"
==Suspects: commited a crime, to be sure, but shown with a "human" element.
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Term
How media depicts crime-- Cops and CSI |
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Definition
Suspect: highly marginalized, amoral, almost always black, a situation of his own making
Cops: good men commited to a career of servce to the public
place: outwe rims of urbal sprawl |
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Term
media depiction of a "theory" cause of crime |
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Definition
L and O - indivudals can be changed but cause is with individuals
Tabloid - determined; hard-wired |
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