9-29 - POLSCI 319 LECTURE STATE NEGLECT 9/29/09 State...

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POLSCI 319 LECTURE STATE NEGLECT 9/29/09 State Neglect Concept Federal government never brought a case under this concept—simply available to government o What they chose to use instead were the voting rights theories because the threshold for evidence was much lower—much easier to win under the 15 th Amendment or Article 1 Section 4. Three criteria for prosecution of a private individual (based on section 5 of legislation, like the CRA of 1866) Section 5 gives Congress the power to enforce the 14 th Amendment CRA of 1866 was treated as the 14 th Amendment o CRA 1866: “under color of law or custom”—if any individual interferes with rights under “color of law or custom” then that is a violation Federal government can bring charges under the CRA of 1866 for private actions if three conditions are met: o (1) Individual has to interfere in civil rights o (2) Individual has to be motivated by the race of the victim i.e. individual hates blacks in general (lower standard). OR, individual targets a particular person because he is black (higher threshold than the first) Butler (1877) standard relatively low o (3) There has to be a pattern of state failure to punish crimes against the group of which this person is a member (Equal protection standard) CRA of 1866 is an equal rights doctrine Under the Due Process Clause, you never need to make a comparison. If someone has a right to something under the Due Process Clause, that’s enough. You don’t have to show that someone did. DeShaney Supreme Court Case (Due Process Case): father injured his child profoundly. Child protection services new about his abuse but did nothing. The argument in DeShaney was that the child had a due process right to protection from the state—state had a duty to
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9-29 - POLSCI 319 LECTURE STATE NEGLECT 9/29/09 State...

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