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Feb. 4, 6 (ch 1, 2)

Feb. 4, 6 (ch 1, 2) - • Leading advocate of legal realism...

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Chapter 1 & 2 PLSC 382I Feb. 4 & 6 Lawmaking & Precedent: How Judges & Lawyers Reason from Prior Cases: Bonsignore Readings o 1.1. Bramble Bush, Kyles N. Llewellyn Discussion of precedent o 1.2 State v. Pendergrass, 1837 School teacher, corpural punishment allowed if no lasting pain Whether a teacher who hits a kid w/ a switch incurring temporary marks acts within their authority o 1.3 Joyner v. Joyner, 1862 o 1.4 State v. Black, 1864 o 1.5 State v. Rhodes, 1868 State not going to interfere either way (whether husband beats wife o 1.6 State v. Mabrey, 1870 Knife, not overturning but in favor of wife o 1.7 precedent can be overturned under judgment of error o 1.8 State v. Oliver, 1874 Man fined for excessively beating his wife Unless its extremely egregious the courts not going to get involved Chapter 2: Law & Offical Discretion o 2.1 The Judging Process and the Judge’s Personality Jerome Frank (1889-1957) US Court of Appeals, 2 nd Circuit from 1941 until his death
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Unformatted text preview: • Leading advocate of legal realism • Argued that psychological forces, including personal biases buried so deep in the unconscious that the judge was unaware of their existence, might influence the decision • What determines the outcome of a case? • What role does precedent and judicial discretion play? o 2.2 A Forgery Case A group of judges & doctor discussing repercussions for the crime: jail, prison, counseling, probation, etc. – what is best for the guilty, society, his family? o 2.3 The Queen v. Dudley and Stephens (similar to speluncean explorers case but real) 3 Men & boy in a boat, killed the boy so rest could eat him and survive Judge made the call that w.r.t. self defense since the judge couldn’t ask the boy whether it was self defense they would be found guilty • Do mandatory sentencing guidelines limit judicial discretion? o 2.4 Incarcerated America Problems with mandatory minimums...
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