Legal Boundary Making

Legal Boundary Making - Legal Boundary Making U.S Supreme...

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Legal Boundary Making U.S. Supreme Court Cases
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Outline Law as Exclusionary Mechanism Justice and Legitimacy US Supreme Court Cases
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Dimensions of Justice Equity Human Dignity Just Deserts Function of the Government
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Justice and Legitimacy Undergird all legal decision making Shifts over time Basis for legal review
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Early Beginnings Eighth Amendment (1791) Thirteenth Amendment (1865) Fourteenth Amendment (1868)
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Eighth Amendment (1791) Fairness Human Dignity Just Deserts
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Thirteenth Amendment (1865) Redefining of Civil Rights Government’s Role
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Fourteenth Amendment (1868) Equity Human Dignity Government’s Role Fifth Amendment (1791)
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Fifth Amendment (1791) The Fifth Amendment prevents individuals from being punished without "due process of law." The Fifth Amendment applies to the Federal Government The Fourteenth Amendment applies against the States. While the Fifth Amendment includes a Due process clause, it does not include—as the Fourteenth amendment does— an equal protection clause.
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US Executions Source: Bureau of Justice Statistics, 2006
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Unjust and Illegitimate Informal Moratorium International Shifts Civil Rights Movement Widespread Disparities
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Capital Punishment Unconstitutional Furman v. Georgia (1972) “Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death.” Source: The Oyez Project
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Furman v. Georgia (1972) Cruel and Unusual Per Se? Cruel and Unusual as Practiced?
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Furman v. Georgia (1972) Cruel and Unusual as Practiced “Arbitrary and Capricious” No Single Concurring Opinion
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The Furman Court: 5-4 Decision Source: The Oyez Project
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Cruel and Unusual Per Se Two Justices Brennan Marshall
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