Science in Courts

Science in Courts - Statutory Congress can write a law...

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Statutory – Congress can write a law overriding a decision that the Supreme Court makes. Smith vs. Oregon The courts wouldn’t let Native Americans collect unemployment because they used drugs in their religious ceremonies. Religious Freedom Restoration Act Judges can be pressured by the Executive branch A judge was criticized by President Clinton that he gave too lenient of a sentence in a narcotics case. He then asked that the sentence be changed. Judge became friends with a death row inmate The Attorney General then felt that the judge shouldn’t be involved in anymore cases involved with death penalty because he may be too lenient. Death Penalty Has become a greater interest because of DNA testing US is one of the relatively few countries that still has the death penalty. Most countries have abolished it. Fermen vs. Georgia – Giving juries unfeathered discretion in cases involving the death penalty. Sometimes states revise their laws to fix the problem. Greg vs. Georgia – Struck down some laws in some states, and held others. Pulley vs. Harris – Comparative proportionality review: they compared the death penalty use in cases. They said that this wasn’t necessary, and the constitution only required traditional proportionality review. McClusky vs. Camp – The blacks received the death penalty in capital cases much more than whites who commited similar crimes. Even though they showed a pattern, it doesn’t show that this was based on race. They disregarded social science.
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This note was uploaded on 02/28/2008 for the course POSC 130g taught by Professor Below during the Spring '06 term at USC.

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Science in Courts - Statutory Congress can write a law...

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