posc 130 final sg

posc 130 final sg - POLITICAL SCIENCE 130 FINAL STUDY GUIDE...

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POLITICAL SCIENCE 130 FINAL STUDY GUIDE Chavez v. Martinez- A suspect sued a police sergeant under § 1983 for violation of his Fifth and Fourteenth Amendment rights. The suspect had been questioned by the police while he was being treated for life-threatening gunshot wounds, before he had been read his Miranda rights, despite his repeated requests for the questioning to stop, and despite losing consciousness several times during the questioning. The district court granted summary judgment in favor of the suspect. The court of appeals affirmed, holding that (1) the suspect’s rights were violated regardless of the state’s later use of the statement, and that (2) in those circumstances, the suspect's right to be free of police coercion was clearly established. Transformation of disputes- Texas v. Johnson- was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag in force in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant's act of flag burning was protected speech under the First Amendment to the United States Constitution. US v. O’brien- was a case decided by the Supreme Court of the United States that ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the Court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest that was unrelated to the suppression of speech and was tailored towards that end. Though O'Brien upheld the government's power to prosecute what was becoming a pervasive method of anti-war protest, its greater legacy was its application of a new constitutional standard. The test articulated in O'Brien has been subsequently used by the Court to analyze whether laws that have the effect of regulating speech, though ostensibly neutral towards the content of that speech, violate the First Amendment. Though the O'Brien test has rarely invalidated laws that the Court has found to be "content neutral," it has given those engaging in expressive conduct—from the wearing of black armbands to the burning of flags—an additional tool to invoke against prohibitions. John Peter Zenger- work to define freedom of press Selective incapacitation- Recidivism- is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior. The term is most frequently used in conjunction with substance abuse and criminal behavior. For example, scientific literature may refer to the recidivism of sexual offenders , meaning the frequency with which they are detected or apprehended committing additional sexual crimes after being released from prison for similar crimes Senatorial courtesy- he custom whereby the Senate will refuse to confirm any Presidential
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posc 130 final sg - POLITICAL SCIENCE 130 FINAL STUDY GUIDE...

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