Why the American Why the American Legal System is Legal System is

UniqueUniquePresented by Presented by

Robert S. “Bob” BennettRobert S. “Bob” Bennett

History of the History of the Government and LawsGovernment and Laws

Branches of GovernmentBranches of Government

History of the American Legal History of the American Legal SystemSystem

The thirteen original colonies had separate The thirteen original colonies had separate charter governments, but instituted charter governments, but instituted customs learned in Great Britain.customs learned in Great Britain.

All colonies had local legislatures, but All colonies had local legislatures, but being dependent colonies, they could not being dependent colonies, they could not make laws repugnant to those of make laws repugnant to those of Parliament.Parliament.

Continental Congress -Declaration of Continental Congress -Declaration of Independence, April 15, 1783.Independence, April 15, 1783.

Separate Church and State.Separate Church and State.

American Legal SystemAmerican Legal System

Common lawCommon law Severed from the English system by the Severed from the English system by the

RevolutionRevolution Federal lawFederal law

ConstitutionConstitution State lawState law

Louisiana exceptionLouisiana exception Local lawLocal law

Moving A Case Through The Moving A Case Through The Supreme CourtSupreme Court

Petition for writs of certiorari.Petition for writs of certiorari. Original Jurisdiction.Original Jurisdiction.

when two states have a dispute against each other, or when when two states have a dispute against each other, or when there is a dispute between the United States and a state. there is a dispute between the United States and a state.

A cert petition is voted on at a session of the Court called a A cert petition is voted on at a session of the Court called a conference. If four Justices vote to grant the petition, the case conference. If four Justices vote to grant the petition, the case proceeds to the briefing stage; otherwise, the case ends. proceeds to the briefing stage; otherwise, the case ends. Need compelling reasons. Need compelling reasons.

Cert Pool.Cert Pool. Two-week oral argument sessions each month from October Two-week oral argument sessions each month from October

through April. Each side has thirty minutes to present its through April. Each side has thirty minutes to present its argument, and during that time the Justices may interrupt the argument, and during that time the Justices may interrupt the advocate and ask questions. advocate and ask questions.

Cases are decided by majority vote of the Justices. It is the Cases are decided by majority vote of the Justices. It is the Court's practice to issue decisions in all cases argued in a Court's practice to issue decisions in all cases argued in a particular Term by the end of that Term. particular Term by the end of that Term.

No binding precedent if there is a tie.No binding precedent if there is a tie.

AmericanAmericanPrecedentPrecedent

June 21, 1788June 21, 1788U.S. Constitution Is Ratified U.S. Constitution Is Ratified

The Constitutional Convention, The Constitutional Convention, meeting in Philadelphia, had meeting in Philadelphia, had produced the charter on Sept. produced the charter on Sept. 17, 1787, after four months of 17, 1787, after four months of debate.debate.

John Adams described those John Adams described those sessions as the “greatest single sessions as the “greatest single effort of national deliberation effort of national deliberation that the world has ever seen.”that the world has ever seen.”

Opponents of the Constitution Opponents of the Constitution were outmaneuvered by were outmaneuvered by promises of amendments to the promises of amendments to the document. The world’s oldest document. The world’s oldest written constitution still in use written constitution still in use today has been altered 18 today has been altered 18 times, including the package of times, including the package of 10 amendments known as the 10 amendments known as the Bill of Rights, which were ratified Bill of Rights, which were ratified as a group in 1791.as a group in 1791.

February 24, 1803February 24, 1803Marbury v. Madison DecidedMarbury v. Madison Decided

After his defeat by Thomas Jefferson in 1800, President John Adams used his After his defeat by Thomas Jefferson in 1800, President John Adams used his last days in office to secure government posts for fellow Federalists. Among last days in office to secure government posts for fellow Federalists. Among the “midnight judges” Adams appointed was William Marbury, who was named the “midnight judges” Adams appointed was William Marbury, who was named one of 42 justices of the peace for the newly designated Dis trict of Columbia.one of 42 justices of the peace for the newly designated Dis trict of Columbia.

Though signed and sealed, Marbury’s commission was never delivered, as Though signed and sealed, Marbury’s commission was never delivered, as required, by Secretary of State John Marshall. For two years Marbury begged, required, by Secretary of State John Marshall. For two years Marbury begged, cajoled and finally sued for the commission. By the time he filed for a writ of cajoled and finally sued for the commission. By the time he filed for a writ of mandamus at the U.S. Supreme Court, Marshall was chief justice.mandamus at the U.S. Supreme Court, Marshall was chief justice.

Instead of protecting a fellow Federalist, Marshall used the case to assert the Instead of protecting a fellow Federalist, Marshall used the case to assert the court’s power of judicial review, ruling that while Marbury was entitled to the court’s power of judicial review, ruling that while Marbury was entitled to the commission, the provision authorizing the mandamus remedy was commission, the provision authorizing the mandamus remedy was unconstitutional.unconstitutional.

Marbury Madison

March 6, 1819 March 6, 1819 McCulloch v. MarylandMcCulloch v. Maryland

The Constitution grants The Constitution grants to Congress implied to Congress implied powers for implementing powers for implementing the Constitution's the Constitution's express powers, in order express powers, in order to create a functional to create a functional national government. national government.

State action may not State action may not impede valid impede valid constitutional exercises constitutional exercises of power by the Federal of power by the Federal government. government.

March 6, 1857 March 6, 1857 Dred Scott v. SandfordDred Scott v. Sandford

Dred Scott traveled with his owner, Dred Scott traveled with his owner, Dr. John Emerson, who was in the army and Dr. John Emerson, who was in the army and was often transferred. Scott's extended stay was often transferred. Scott's extended stay with his master in Illinois, a free state, gave with his master in Illinois, a free state, gave him the legal standing to make a claim for him the legal standing to make a claim for freedom, as did his extended stay at freedom, as did his extended stay at Fort Snelling, Wisconsin Territory Fort Snelling, Wisconsin Territory where slavery was also prohibited.where slavery was also prohibited.

The United States Supreme Court that ruled The United States Supreme Court that ruled that people of African descent imported into that people of African descent imported into the United States and held as slaves, or their descendants—the United States and held as slaves, or their descendants—whether or not they were slaves—were not legal persons and whether or not they were slaves—were not legal persons and could never be citizens of the United States, and that the could never be citizens of the United States, and that the United States Congress had no authority to prohibit slavery in United States Congress had no authority to prohibit slavery in federal territories. federal territories.

The sons of Peter Blow, Scott's first owner, purchased The sons of Peter Blow, Scott's first owner, purchased emancipation for Scott and his family on May 26 1857. Scott emancipation for Scott and his family on May 26 1857. Scott died eighteen months later of tuberculosis on November 7, died eighteen months later of tuberculosis on November 7, 1858. 1858.

April 27, 1861April 27, 1861Lincoln Suspends Habeas CorpusLincoln Suspends Habeas Corpus

After the Confederate capture of Fort Sumter barely five weeks into After the Confederate capture of Fort Sumter barely five weeks into his presidency, Abraham Lincoln called for 75,000 volunteers for his presidency, Abraham Lincoln called for 75,000 volunteers for active military duty.active military duty.

On April 19, en route to defend the nation’s capital, the 6th On April 19, en route to defend the nation’s capital, the 6th Massachusetts Regiment was attacked by a mob of 20,000 Southern Massachusetts Regiment was attacked by a mob of 20,000 Southern sympathizers in Baltimore. Four soldiers and 12 civilians were killed, sympathizers in Baltimore. Four soldiers and 12 civilians were killed, and scores were injured in what marked the Civil War’s first and scores were injured in what marked the Civil War’s first bloodshed.bloodshed.

With supply lines disrupted and no additional troops arriving, With supply lines disrupted and no additional troops arriving, Washington appeared to be cut off from the rest of the North. Washington appeared to be cut off from the rest of the North. Congress was not in session, so Lincoln reluctantly assumed the Congress was not in session, so Lincoln reluctantly assumed the authority to suspend habeas corpus along the rail route between authority to suspend habeas corpus along the rail route between Philadelphia and Washington.Philadelphia and Washington.Openly challenged by Chief Justice Openly challenged by Chief Justice

Roger B. Taney, Lincoln justified the Roger B. Taney, Lincoln justified the action as vital to the nation’s immediate action as vital to the nation’s immediate survival. Putting his case before survival. Putting his case before Congress on July 4, Lincoln asked Congress on July 4, Lincoln asked rhetorically: “Are all the laws, but one, rhetorically: “Are all the laws, but one, to go unexecuted and the government to go unexecuted and the government itself go to pieces lest that one be itself go to pieces lest that one be violated?”violated?”

February 25, 1870February 25, 1870First Black U.S. Senator Is Sworn InFirst Black U.S. Senator Is Sworn In

Hiram R. Revels was born a free man in 1827 in Hiram R. Revels was born a free man in 1827 in Fayetteville, N.C. An ordained minister, he Fayetteville, N.C. An ordained minister, he attended Knox College in Illinois before settlingattended Knox College in Illinois before settlingin Baltimore, where he worked as a pastor andin Baltimore, where he worked as a pastor andschool principal.school principal.

During the Civil War, Revels helped form During the Civil War, Revels helped form two black Union regiments in Maryland. two black Union regiments in Maryland.

At war’s end, he moved to Natchez, Miss., At war’s end, he moved to Natchez, Miss., and, became an alderman and state senator.and, became an alderman and state senator.

In 1870, Revels was elected to In 1870, Revels was elected to fill the U.S. Senate seat vacated nine years fill the U.S. Senate seat vacated nine years earlier by Confederate leader Jefferson B. Davis. earlier by Confederate leader Jefferson B. Davis.

Sixteen blacks, including one other Sixteen blacks, including one other senator from Mississippi, Blanche K. Bruce, senator from Mississippi, Blanche K. Bruce, served in Congress during Reconstruction.served in Congress during Reconstruction.

Black participation in post-bellum SouthernBlack participation in post-bellum Southernpolitics all but ended after 1877, when politics all but ended after 1877, when Republicans relinquished control of the region Republicans relinquished control of the region to ensure Rutherford B. Hayes’ election as president. to ensure Rutherford B. Hayes’ election as president.

Not until 1966 would another black, Massachusetts Republican Not until 1966 would another black, Massachusetts Republican Edward W. Brooke III, be elected to the Senate.Edward W. Brooke III, be elected to the Senate.

May 18, 1896May 18, 1896Plessy v. Ferguson Plessy v. Ferguson

In July 1890, the Louisiana General In July 1890, the Louisiana General Assembly passed a law requiring Assembly passed a law requiring railroads to provide “equal but separate railroads to provide “equal but separate accommodations for the white and accommodations for the white and colored races.”colored races.”

A citizens’ group determined to challenge A citizens’ group determined to challenge the act enlisted a 29-year-old shoemaker, the act enlisted a 29-year-old shoemaker, Homer Plessy, to initiate the effort.Homer Plessy, to initiate the effort.

Plessy appeared to be white but was of Plessy appeared to be white but was of one-eighth African ancestry, which made one-eighth African ancestry, which made him “colored” under Louisiana’s “one him “colored” under Louisiana’s “one drop” racial code. drop” racial code.

As planned, Plessy declared his race to a As planned, Plessy declared his race to a conductor; after refusing to move to a conductor; after refusing to move to a railcar reserved for blacks, he was railcar reserved for blacks, he was arrested and jailed.arrested and jailed.

Four years later, the U.S. Supreme Court Four years later, the U.S. Supreme Court upheld Louisiana’s statute, validating upheld Louisiana’s statute, validating state-sponsored segregation that state-sponsored segregation that endured in the South well into the 20th endured in the South well into the 20th century. In the sole dissent, Justice John century. In the sole dissent, Justice John Marshall Harlan argued for a “color-blind” Marshall Harlan argued for a “color-blind” Constitution that “neither knows nor Constitution that “neither knows nor tolerates classes among citizens.”tolerates classes among citizens.”

August 2, 1921August 2, 1921Baseball's 'Black Sox' AcquittedBaseball's 'Black Sox' Acquitted

1919 World Series between the 1919 World Series between the Chicago White Sox and the Cincinnati Chicago White Sox and the Cincinnati RedsReds

A year later, grand jury testimony A year later, grand jury testimony confirmed that several White Sox confirmed that several White Sox players, driven by resentment toward players, driven by resentment toward tightfisted team owner Charlie tightfisted team owner Charlie Comiskey, had conspired with gamblers Comiskey, had conspired with gamblers to hand the best-of-nine series to the to hand the best-of-nine series to the underdog Reds.underdog Reds.

Eight players were indicted with five Eight players were indicted with five gamblers on charges of conspiracy to gamblers on charges of conspiracy to defraud the public. defraud the public.

After a two-week trial marked by the After a two-week trial marked by the revelation of several missing revelation of several missing confessions, all eight were acquitted.confessions, all eight were acquitted.

In an effort to shore up baseball’s In an effort to shore up baseball’s credibility, owners persuaded Kenesaw credibility, owners persuaded Kenesaw Mountain Landis, a federal judge in Mountain Landis, a federal judge in Chicago, to become the game’s first Chicago, to become the game’s first commissioner.commissioner.

Landis banished the eight from Landis banished the eight from baseball, leaving them forever known baseball, leaving them forever known as the “Black Sox.”as the “Black Sox.”

May 25, 1925May 25, 1925Evolution Teacher John Scopes Evolution Teacher John Scopes

IndictedIndicted Known as the Scopes “monkey trial.” Known as the Scopes “monkey trial.” The fledgling American Civil Liberties Union put an ad in a Chattanooga, Tenn., The fledgling American Civil Liberties Union put an ad in a Chattanooga, Tenn.,

newspaper, offering to support anyone accused under the state’s new law newspaper, offering to support anyone accused under the state’s new law banning the teaching of evolution. banning the teaching of evolution.

Dayton businessman George Rappelyea saw a chance to put his town Dayton businessman George Rappelyea saw a chance to put his town (population 1,800) on the map and recruited schoolteacher John Scopes to (population 1,800) on the map and recruited schoolteacher John Scopes to serve as defendant.serve as defendant.

Some 3,000 visitors descended on Dayton in July 1925 to see famed defense Some 3,000 visitors descended on Dayton in July 1925 to see famed defense lawyer Clarence Darrow square off against three-time presidential candidate lawyer Clarence Darrow square off against three-time presidential candidate William Jennings Bryan, who served as both prosecutor and expert witness on William Jennings Bryan, who served as both prosecutor and expert witness on the Bible.the Bible.

Darrow asked the jury to return a guilty verdict so the law could be challenged Darrow asked the jury to return a guilty verdict so the law could be challenged on appeal, and he got his wish after only nine minutes of deliberation. The state on appeal, and he got his wish after only nine minutes of deliberation. The state supreme court later reversed the conviction but upheld the law, which supreme court later reversed the conviction but upheld the law, which remained on the books for 40 years.remained on the books for 40 years.

December 5, 1933December 5, 1933Prohibition RepealedProhibition Repealed

The 1919 ratification of the 18th Amendment, The 1919 ratification of the 18th Amendment, which created a nationwide ban on the which created a nationwide ban on the manufacture, sale and transportation of manufacture, sale and transportation of “intoxicating liquors”.“intoxicating liquors”.

The rise of organized crime The rise of organized crime syndicates, spurred by a syndicates, spurred by a flourishing bootlegging flourishing bootlegging industry, gave momentum for industry, gave momentum for the 21st Amendment repealingthe 21st Amendment repealingthe “noble experiment.”the “noble experiment.”

December 5, 1933- Utah December 5, 1933- Utah became the 36th state to became the 36th state to approve the 21st Amendment approve the 21st Amendment and Prohibition came to an end.and Prohibition came to an end.

October 8, 1934October 8, 1934Bruno Hauptmann IndictedBruno Hauptmann Indicted

Charles Lindbergh became a worldwide celebrity after he Charles Lindbergh became a worldwide celebrity after he became the first person to fly solo across the Atlantic. became the first person to fly solo across the Atlantic.

The kidnapping of his 20-month-old son, Charles Jr., on March The kidnapping of his 20-month-old son, Charles Jr., on March 1, 1932, thus set off a media circus. The baby’s body was 1, 1932, thus set off a media circus. The baby’s body was found 10 weeks later a few miles from Lindbergh’s New Jersey found 10 weeks later a few miles from Lindbergh’s New Jersey estate; he had died of a head injury likely incurred the night of estate; he had died of a head injury likely incurred the night of the abduction.the abduction.

Nearly $14,000 in gold certificates—part of a $50,000 ransomNearly $14,000 in gold certificates—part of a $50,000 ransom—was found in the garage of the Bronx home of Bruno —was found in the garage of the Bronx home of Bruno Hauptmann,Hauptmann,a German-born carpenter. A piece of floorboard a German-born carpenter. A piece of floorboard from Haupt mann’s attic was alleged to have from Haupt mann’s attic was alleged to have been part of the ladder used in the crime.been part of the ladder used in the crime.

Found guilty after a six- week trial, Found guilty after a six- week trial, he was offered life imprisonment in return forhe was offered life imprisonment in return fora confession. However, Hauptmann a confession. However, Hauptmann stead fastly claimed innocence and, stead fastly claimed innocence and, on April 3, 1936, was put to deathon April 3, 1936, was put to deathn the electric chair.n the electric chair.

February 5, 1937February 5, 1937FDR Unveils Court Packing PlanFDR Unveils Court Packing Plan

Only weeks into his second term, President Franklin D. Only weeks into his second term, President Franklin D. Roosevelt took on the U.S. Supreme Court--which had Roosevelt took on the U.S. Supreme Court--which had invalidated a series of New Deal programs--by offering a invalidated a series of New Deal programs--by offering a plan to ease the load of the “aged, overworked justices,” plan to ease the load of the “aged, overworked justices,” whom critics derided as the “nine old men.”whom critics derided as the “nine old men.”

The plan would have allowed the president to nominate an The plan would have allowed the president to nominate an additional justice whenever one over age 70 did not resign, additional justice whenever one over age 70 did not resign, until the court had 15 members. And it just so happened until the court had 15 members. And it just so happened that six of the nine justices were already over 70.that six of the nine justices were already over 70.

The proposal was roundly The proposal was roundly denounced, going down to defeat in denounced, going down to defeat in Congress. But soon the court began Congress. But soon the court began upholding New Deal programs, upholding New Deal programs, muting calls for its radical muting calls for its radical restructuring. Seven justices left the restructuring. Seven justices left the bench over the next four and a half bench over the next four and a half years, allowing Roosevelt to remake years, allowing Roosevelt to remake the court through traditional means.the court through traditional means.

June 14, 1943June 14, 1943Flag Day ReversalFlag Day Reversal

Jehovah’s Witnesses have been Jehovah’s Witnesses have been involved in more than 70 Supreme involved in more than 70 Supreme Court cases.Court cases.

In In West Virginia State Board of West Virginia State Board of Education v. BarnetteEducation v. Barnette, the court , the court overturned a state law compelling overturned a state law compelling schoolchildren to salute the U.S. schoolchildren to salute the U.S. flag each morning. Jehovah’s flag each morning. Jehovah’s Witness families had refused, citing Witness families had refused, citing their faith’s prohibition against the their faith’s prohibition against the worship of graven images.worship of graven images.

Announcing the decision on Flag Announcing the decision on Flag Day during wartime, Justice Robert Day during wartime, Justice Robert H. Jackson declared that no H. Jackson declared that no patriotic creed should usurp civil patriotic creed should usurp civil liberty: “If there is any fixed star in liberty: “If there is any fixed star in our constitutional constellation, it our constitutional constellation, it is that no official, high or petty, can is that no official, high or petty, can prescribe what shall be orthodox in prescribe what shall be orthodox in politics, nationalism, religion or politics, nationalism, religion or other matters of opinion.”other matters of opinion.”

December 18, 1944December 18, 1944Korematsu Conviction UpheldKorematsu Conviction Upheld

About two months after Pearl Harbor, PresidentAbout two months after Pearl Harbor, PresidentFranklin D. Roosevelt issued Executive Order Franklin D. Roosevelt issued Executive Order 9066, authorizing the designation of domestic 9066, authorizing the designation of domestic “military areas” from which anyone deemed “military areas” from which anyone deemed a threat could be excluded.a threat could be excluded.

By late 1942, more than 110,000 By late 1942, more than 110,000 Japanese-Americans had been ordered from Japanese-Americans had been ordered from their West Coast homes and placed in detentiontheir West Coast homes and placed in detentioncamps like Manzanar in California. Bay Area camps like Manzanar in California. Bay Area welder Fred Korematsu, who twice tried to enlist, welder Fred Korematsu, who twice tried to enlist, defied the order. He briefly avoided custody but was defied the order. He briefly avoided custody but was arrested, convicted and sent to a Utah camp.arrested, convicted and sent to a Utah camp.

Korematsu asked the U.S. Supreme Court to review his case. Korematsu asked the U.S. Supreme Court to review his case. In a 6-3 decision, issued the day after plans were announced In a 6-3 decision, issued the day after plans were announced to end the internment, the court upheld the conviction, to end the internment, the court upheld the conviction, arguing that security concerns justified the race-based arguing that security concerns justified the race-based incarceration. It was later revealed that military officials had incarceration. It was later revealed that military officials had exaggerated the domestic threat. Korematsu’s conviction exaggerated the domestic threat. Korematsu’s conviction was vacated in 1984, but the ruling in Korematsu v. U.S. still was vacated in 1984, but the ruling in Korematsu v. U.S. still stands.stands.

November 20, 1945November 20, 1945Nuremberg War Crimes Trial Nuremberg War Crimes Trial

BeginsBegins An international tribunal was establishedAn international tribunal was established

commissioned to try German commissioned to try German officials accused of war crimes and officials accused of war crimes and crimes against humanity.crimes against humanity.

Meticulous Nazi record-keeping Meticulous Nazi record-keeping provided much of the evidence against provided much of the evidence against the 22 defendants. Official documents, the 22 defendants. Official documents, along with wrenching eyewitness along with wrenching eyewitness testimony, opened the world’s eyes to testimony, opened the world’s eyes to the horrors of the Holocaust.the horrors of the Holocaust.

After 11 months, 12 defendants After 11 months, 12 defendants were sentenced to death, seven to were sentenced to death, seven to prison terms ranging from 10 years prison terms ranging from 10 years to life, and three were acquitted. to life, and three were acquitted.

Adolf Hitler’s No. 2, Hermann Göring, Adolf Hitler’s No. 2, Hermann Göring, remained unrepentant throughout, remained unrepentant throughout, and he committed suicide the night and he committed suicide the night before he was to be executed.before he was to be executed.

May 17, 1954May 17, 1954Brown v. Board of EducationBrown v. Board of Education

Warren Court made a unanimous (9-0) decision Warren Court made a unanimous (9-0) decision that "separate educational facilities are inherently that "separate educational facilities are inherently unequal.“unequal.“

De jure racial segregation was ruled a violation of De jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Amendment of the United States Constitution.

Integration of schools changed Integration of schools changed Plessy’sPlessy’s “separate “separate but equal.”but equal.”

December 1, 1955December 1, 1955Rosa Parks Sparks the Civil Rights Rosa Parks Sparks the Civil Rights

MovementMovement Riding home from work, Rosa Parks was arrested for refusing to Riding home from work, Rosa Parks was arrested for refusing to

give up her seat to a white man on a Montgomery, Ala., city bus.give up her seat to a white man on a Montgomery, Ala., city bus. Civil rights activists had been looking for a case with a Civil rights activists had been looking for a case with a

sympathetic defendant to challenge segregation laws, and Parks sympathetic defendant to challenge segregation laws, and Parks a seamstress and secretary for the local chapter of the National a seamstress and secretary for the local chapter of the National Association for the Advancement of Colored People provided it. Association for the Advancement of Colored People provided it. Her arrest triggered a yearlong black boycott of Montgomery Her arrest triggered a yearlong black boycott of Montgomery buses, and Parks became the unofficial mother of the civil rights buses, and Parks became the unofficial mother of the civil rights movement.movement.

When Parks died in 2005, she became When Parks died in 2005, she became thethe first woman to lie in honor in the U.S. first woman to lie in honor in the U.S. Capitol. Capitol. Her legal legacy is still being written. Her legal legacy is still being written. Her Her heirs and the executors of her estate heirs and the executors of her estate are are battling over what constitutes battling over what constitutes appropriateappropriate commercial use of her likeness. commercial use of her likeness.

March 18, 1963March 18, 1963Gideon v. Wainwright Gideon v. Wainwright

In June 1962, the U.S. Supreme Court In June 1962, the U.S. Supreme Court agreed to review the felony conviction of a agreed to review the felony conviction of a 51-year-old drifter, Clarence Earl Gideon, 51-year-old drifter, Clarence Earl Gideon, who had filed a handwritten petition from a who had filed a handwritten petition from a Florida prison cell.Florida prison cell.

Gideon, who had an eighth-grade Gideon, who had an eighth-grade education and four previous felony education and four previous felony convictions, claimed in blunt terms he’d convictions, claimed in blunt terms he’d been denied a fair trial.been denied a fair trial.

““The question is very simple. I requested The question is very simple. I requested the court to appoint me attorney and the the court to appoint me attorney and the court refused.”court refused.”

Future Justice Abe Fortas presented a Future Justice Abe Fortas presented a powerful oral argument on Gideon’s behalf.powerful oral argument on Gideon’s behalf.

In a unanimous opinion, the court reversed In a unanimous opinion, the court reversed Gideon’s conviction and overturned a 1942 Gideon’s conviction and overturned a 1942 ruling, ruling, Betts v. BradyBetts v. Brady, that had limited the , that had limited the right to court-appointed counsel.right to court-appointed counsel.

Gideon was retried five months later and Gideon was retried five months later and acquitted; he died in 1972 and was buried acquitted; he died in 1972 and was buried in an unmarked grave in his hometown of in an unmarked grave in his hometown of Hannibal, Mo.Hannibal, Mo.

March 21, 1963March 21, 1963Alcatraz ClosesAlcatraz Closes

A mile and a half off the coast of San Francisco, and surrounded by icy A mile and a half off the coast of San Francisco, and surrounded by icy waters and treacherous currents, Alcatraz served as an Army fortress waters and treacherous currents, Alcatraz served as an Army fortress and prison before it was turned over to the Justice Department in and prison before it was turned over to the Justice Department in 1934.1934.

Completed in 1912, the original cell house was upgraded to a Completed in 1912, the original cell house was upgraded to a maximum-security facility that took in high-profile gangsters and maximum-security facility that took in high-profile gangsters and lesser-known incorrigibles. Among the rogues’ gallery of public lesser-known incorrigibles. Among the rogues’ gallery of public enemies who did time on “the Rock” were Al Capone, George enemies who did time on “the Rock” were Al Capone, George “Machine Gun” Kelly, Arthur “Doc” Barker and Robert “Birdman” “Machine Gun” Kelly, Arthur “Doc” Barker and Robert “Birdman” Stroud.Stroud.

In its storied 29-year history, In its storied 29-year history, 34 inmates at tempted escape; 34 inmates at tempted escape; a few managed to get off the island,a few managed to get off the island,but all were either recaptured or but all were either recaptured or thought to have drowned.thought to have drowned.

Facing high operating expenses and a Facing high operating expenses and a costly renovation, Alcatraz was closed costly renovation, Alcatraz was closed and later replaced by a more modern and later replaced by a more modern prison in Marion, Ill. Alcatraz is now a prison in Marion, Ill. Alcatraz is now a popular tourist attraction run by the popular tourist attraction run by the National Park Service, as well as a National Park Service, as well as a favored location for favored location for Hollywood filmmakers.Hollywood filmmakers.

September 15, 1963September 15, 1963Church Bombing Kills FourChurch Bombing Kills Four

With more than 45 racially motivated With more than 45 racially motivated bombings since the end of World War bombings since the end of World War II, Birmingham, Ala., had earned the II, Birmingham, Ala., had earned the nickname “Bombingham.”nickname “Bombingham.”

But none of the attacks was more But none of the attacks was more haunting than the Sunday morning haunting than the Sunday morning bombing of the 16th Street Baptist bombing of the 16th Street Baptist Church, the oldest black con gregation Church, the oldest black con gregation in the city.in the city.

Four girls—three age 14, one 11—Four girls—three age 14, one 11—were killed and more than 20 people were killed and more than 20 people injured in what was the deadliest act injured in what was the deadliest act of terror during the civil rights era.of terror during the civil rights era.

Justice came slowly for the families of Justice came slowly for the families of the victims, in part because FBI the victims, in part because FBI Director J. Edgar Hoover refused to let Director J. Edgar Hoover refused to let his agents share the results of their his agents share the results of their investigation with state or federal investigation with state or federal prosecutors.prosecutors.

Eventually, three members of the Ku Eventually, three members of the Ku Klux Klan were convicted for the Klux Klan were convicted for the murders—the first in 1977. The last, murders—the first in 1977. The last, Bobby Frank Cherry, was convicted in Bobby Frank Cherry, was convicted in May 2002, almost 39 years after the May 2002, almost 39 years after the attack.attack.

April 20, 1971April 20, 1971School Busing Gets the Green School Busing Gets the Green

Light Light Seventeen years after its landmark desegregation Seventeen years after its landmark desegregation

ruling in ruling in Brown v. Board of EducationBrown v. Board of Education, the U.S. , the U.S. Supreme Court unanimously affirmed the Supreme Court unanimously affirmed the constitutionality of school busing to achieve that constitutionality of school busing to achieve that end in end in Swann v. Charlotte-Mecklenburg Board of Swann v. Charlotte-Mecklenburg Board of EducationEducation..

Subsequent decisions imposed Subsequent decisions imposed desegregation orders on desegregation orders on schools nationwide.schools nationwide.

The line of cases sparked The line of cases sparked heated political debate and heated political debate and occasional violence at a 1976occasional violence at a 1976anti-busing rally outside anti-busing rally outside Boston City Hall.Boston City Hall.

March 22, 1972March 22, 1972Senate Approves Equal Rights Senate Approves Equal Rights

AmendmentAmendment After it was approved by the Senate, the Equal Rights After it was approved by the Senate, the Equal Rights

Amendment was sent to the states for ratification. Congress Amendment was sent to the states for ratification. Congress set a seven year deadline for the ratification process. Within a set a seven year deadline for the ratification process. Within a little more than a year, 30 state legislatures had signed on to little more than a year, 30 state legislatures had signed on to the ERA, and it seemed likely to become the 27th the ERA, and it seemed likely to become the 27th Amendment.Amendment.

A three year extension was granted in 1979, but the ERA fell A three year extension was granted in 1979, but the ERA fell three states short of the needed 38 for ratification.three states short of the needed 38 for ratification.

The ERA has been The ERA has been reintroduced before Congress reintroduced before Congress every year since 1982, but it every year since 1982, but it has never regained the has never regained the place at the center of American place at the center of American political debate that it had political debate that it had in 1980, when 90,000 in 1980, when 90,000 supporters marched in Chicago. supporters marched in Chicago.

January 22, 1973January 22, 1973Roe v. WadeRoe v. Wade

It was arguably the most controversial high court decision of It was arguably the most controversial high court decision of the 20th century. The justices, in a 7-2 vote, held that a the 20th century. The justices, in a 7-2 vote, held that a woman’s right to choose to have an abortion was woman’s right to choose to have an abortion was constitutionally protected.constitutionally protected.

The ruling struck down prohibitions on abortion in 46 states The ruling struck down prohibitions on abortion in 46 states and drew vehement opposition —as well as ardent support. and drew vehement opposition —as well as ardent support.

In his dissent, Justice Byron White noted that this was an issue In his dissent, Justice Byron White noted that this was an issue “over which reasonable men may easily and heatedly differ.” “over which reasonable men may easily and heatedly differ.”

More than 30 years later, abortion remains More than 30 years later, abortion remains among the most divisive issues on the domestic among the most divisive issues on the domestic political landscape, prompting protests on the political landscape, prompting protests on the ruling’s anniversary, including the one in 2006 ruling’s anniversary, including the one in 2006 pictured above. This past No vember, the justices pictured above. This past No vember, the justices heard arguments in heard arguments in Gonzales v. CarhartGonzales v. Carhart on the on the issue of so-called partial-birth abortion. A issue of so-called partial-birth abortion. A decision is expected by June.decision is expected by June.

January 17, 1977January 17, 1977Gary Gilmore ExecutedGary Gilmore Executed

In In Furman v. GeorgiaFurman v. Georgia, the U.S. Supreme Court , the U.S. Supreme Court suspended the use of the death penalty. The 5-4 suspended the use of the death penalty. The 5-4 ruling extended a de facto moratorium on capital ruling extended a de facto moratorium on capital punishment that had been in effect since 1967, but punishment that had been in effect since 1967, but divisions within the majority opinion opened the way divisions within the majority opinion opened the way to its reinstatement.to its reinstatement.

Two justices held that the penalty itself was Two justices held that the penalty itself was inherently cruel and unusual punishment, while the inherently cruel and unusual punishment, while the remaining three held that state capital statutes, as remaining three held that state capital statutes, as then written, led to arbitrary, often discriminatory then written, led to arbitrary, often discriminatory application of the death penalty.application of the death penalty.

State legislatures quickly began revising their statutes and four State legislatures quickly began revising their statutes and four years later, in years later, in Gregg v. GeorgiaGregg v. Georgia, the high court allowed executions , the high court allowed executions to resume.to resume.

In 1976, Gary Gilmore murdered two people in Utah shortly after In 1976, Gary Gilmore murdered two people in Utah shortly after being paroled from federal prison. Convicted and sentenced to being paroled from federal prison. Convicted and sentenced to death, Gilmore became the first to die under the reinstituted death, Gilmore became the first to die under the reinstituted penalty after refusing all efforts to appeal or postpone his penalty after refusing all efforts to appeal or postpone his execution. execution.

Given the choice of a firing squad or the hangman’s noose, he said Given the choice of a firing squad or the hangman’s noose, he said he’d rather be shot. His final words: “Let’s do it.”he’d rather be shot. His final words: “Let’s do it.”

August 10, 1977August 10, 1977Son of Sam is ArrestedSon of Sam is Arrested

Over the course of a year, Yonkers postal worker Over the course of a year, Yonkers postal worker David Berkowitz went on a murder spree that David Berkowitz went on a murder spree that claimed six lives, left seven injured and set off claimed six lives, left seven injured and set off the most extensive manhunt in the most extensive manhunt in New York City history.New York City history.

He killed after dark, targeting brown-haired He killed after dark, targeting brown-haired women and couples sitting in cars.women and couples sitting in cars.

Using the pseudonym Son of Sam, he wrote Using the pseudonym Son of Sam, he wrote letters that taunted the police while hinting letters that taunted the police while hinting at demonic possession, satanic cults and any at demonic possession, satanic cults and any number of psychosexual obsessions.number of psychosexual obsessions.

After his arrest and confession, the New York After his arrest and confession, the New York state legislature took note of reports of a possible publishing state legislature took note of reports of a possible publishing deal for Berkowitz and passed the nation’s first law to bar deal for Berkowitz and passed the nation’s first law to bar criminals from profiting from the sale of their stories. The law criminals from profiting from the sale of their stories. The law was overturned in 1991 by the U.S. Supreme Court, but a was overturned in 1991 by the U.S. Supreme Court, but a more narrowly tailored version has survived judicial scrutiny. more narrowly tailored version has survived judicial scrutiny. More than 40 states now have similar Son of Sam laws.More than 40 states now have similar Son of Sam laws.

Berkowitz resides in the Sullivan Correctional Facility, where Berkowitz resides in the Sullivan Correctional Facility, where he is serving six life sentences.he is serving six life sentences.

July 7, 1981July 7, 1981O'Connor Nominated to High CourtO'Connor Nominated to High Court

Ranked third in her Stanford Law class of Ranked third in her Stanford Law class of 1952, the only law firm offer Sandra Day 1952, the only law firm offer Sandra Day O’Connor received was as a legal secretary. O’Connor received was as a legal secretary. She turned to the public sector and took a She turned to the public sector and took a job as a deputy county attorney in San job as a deputy county attorney in San Mateo, Calif.Mateo, Calif.

After marrying a Stanford classmate, she After marrying a Stanford classmate, she resettled in Arizona to raise a family and resettled in Arizona to raise a family and start a private practice.start a private practice.

In 1965, O’Connor became an assistant state In 1965, O’Connor became an assistant state attorney general and four years later was attorney general and four years later was appointed to the Arizona Senate, eventually appointed to the Arizona Senate, eventually becoming the first woman to serve as becoming the first woman to serve as majority leader of a state legislature.majority leader of a state legislature.

After a short stint as an appellate judge, she After a short stint as an appellate judge, she was tapped by President Reagan to replace was tapped by President Reagan to replace retiring Justice Potter Stewart, fulfilling a retiring Justice Potter Stewart, fulfilling a campaign promise to name the first woman campaign promise to name the first woman to the Supreme Court. O’Connor stepped to the Supreme Court. O’Connor stepped down in 2006, having served 24 years as a down in 2006, having served 24 years as a pivotal voice on an often divided court.pivotal voice on an often divided court.

April 19, 1995April 19, 1995Terror in the HeartlandTerror in the Heartland

The bombing of the Alfred P. Murrah The bombing of the Alfred P. Murrah Federal Building in Oklahoma City remains Federal Building in Oklahoma City remains the deadliest act of domestic terrorism in the deadliest act of domestic terrorism in U.S. history. U.S. history.

The explosion left 168 dead, including 19 The explosion left 168 dead, including 19 children, and more than 500 injured.children, and more than 500 injured.

Army vet Timothy McVeigh had worked for Army vet Timothy McVeigh had worked for months to gather materials for a massive months to gather materials for a massive bomb fueled by more than 5,000 pounds of bomb fueled by more than 5,000 pounds of ammonium nitrate fertilizer and ammonium nitrate fertilizer and nitromethane racing fuel.nitromethane racing fuel.

McVeigh detonated the bomb in front of the McVeigh detonated the bomb in front of the Murrah building on the second anniversary Murrah building on the second anniversary of the federal raid on the Branch Davidian of the federal raid on the Branch Davidian compound. He was arrested 90 minutes compound. He was arrested 90 minutes after the blast on a routine traffic stop.after the blast on a routine traffic stop.

An accomplice, Terry Nichols, surrendered An accomplice, Terry Nichols, surrendered himself after hearing he was considered a himself after hearing he was considered a suspect. He is now serving a life sentence suspect. He is now serving a life sentence for conspiracy and involuntary for conspiracy and involuntary manslaughter. manslaughter.

In June 2001, four years after his In June 2001, four years after his conviction, McVeigh became the first conviction, McVeigh became the first federal prisoner to be executed in 38 years.federal prisoner to be executed in 38 years.

January 11, 2003January 11, 2003Ryan Empties Death RowRyan Empties Death Row

Since Illinois reinstated capital punishment in Since Illinois reinstated capital punishment in 1977, 18 men sentenced to death have been 1977, 18 men sentenced to death have been exonerated. Several exonerations occurred early exonerated. Several exonerations occurred early in Gov. George Ryan’s term, including one in Gov. George Ryan’s term, including one involving an inmate who came within 48 hours of involving an inmate who came within 48 hours of execution for a murder he did not commit.execution for a murder he did not commit.

Declaring the system “broken,” Ryan issued a Declaring the system “broken,” Ryan issued a moratorium on the death penalty in early 2000 moratorium on the death penalty in early 2000 and convened a commission to study the issue. and convened a commission to study the issue. Its report, released in April 2002, called for a Its report, released in April 2002, called for a sweeping overhaul of the system. A narrow sweeping overhaul of the system. A narrow majority favored abolition.majority favored abolition.

Just days before leaving office, Ryan granted four outright Just days before leaving office, Ryan granted four outright pardons and commuted the sentences of the state’s 167 pardons and commuted the sentences of the state’s 167 remaining death row inmates to life without parole. remaining death row inmates to life without parole.

Ryan was convicted in 2006 on corruption charges tied to his Ryan was convicted in 2006 on corruption charges tied to his tenure as secretary of state and is currently serving a 6½-year tenure as secretary of state and is currently serving a 6½-year term in federal prison.term in federal prison.

Turkey and United States Legal Turkey and United States Legal Systems ContrastedSystems Contrasted

TurkeyTurkey general law courts; general law courts;

specialized heavy penal specialized heavy penal courts; military courts; the courts; military courts; the Constitutional Court, the Constitutional Court, the nation's highest court; and nation's highest court; and three other high courts. three other high courts.

Courts of justice and Courts of justice and courts with special courts with special functionsfunctions

Legislature and ExecutiveLegislature and Executive Importance of Importance of

ConstitutionConstitution Verdicts are reached by Verdicts are reached by

judges or a panel of judges or a panel of judges, who have to base judges, who have to base their verdicts on the law their verdicts on the law and their conviction.and their conviction.

United StatesUnited States state county courts; state county courts;

state circuit courts, state circuit courts, state court of appeals; state court of appeals; state supreme court; state supreme court; federal courts of federal courts of general jurisdiction; general jurisdiction; federal courts of specific federal courts of specific subject matter subject matter jurisdiction; supreme jurisdiction; supreme court; specialized court; specialized courts.courts.

legislative, executive, legislative, executive, and a judicial branch.and a judicial branch.

Verdicts are reached by Verdicts are reached by judges or a panel of judges or a panel of judges or a jury judges or a jury depending on the casedepending on the case

TURKEYTURKEY

UNITED STATESUNITED STATES

What Makes the American What Makes the American Legal System Unique Legal System Unique

Gun ControlGun Control Jury TrialsJury Trials Punitive DamagesPunitive Damages Accomplice ConvictionsAccomplice Convictions High Prison PopulationHigh Prison Population Writ of Habeas Corpus Writ of Habeas Corpus BondsmenBondsmen Capital PunishmentCapital Punishment Assisted SuicideAssisted Suicide Illegal ImmigrationIllegal Immigration Motion to Suppress EvidenceMotion to Suppress Evidence Freedom of SpeechFreedom of Speech

Guns in AmericaGuns in America 22ndnd Amendment: “A Amendment: “A

well regulated Militia, well regulated Militia, being necessary to the being necessary to the security of a free State, security of a free State, the right of the people the right of the people to keep and bear Arms, to keep and bear Arms, shall not be infringed.”shall not be infringed.” Germany: "there is no Germany: "there is no

constitutional right to constitutional right to self-defense" self-defense"

Right for only militia, or Right for only militia, or individuals?individuals?

Recently decided: Recently decided: individualsindividuals

Houston Gun Show at the George R. Brown Convention Center

From Individual Necessity to From Individual Necessity to Regulated, Controversial ItemRegulated, Controversial Item

George Washington: “A free George Washington: “A free people ought ... to be armed”people ought ... to be armed” Protection against tyrannyProtection against tyranny

Early 1800s – only whitesEarly 1800s – only whites To keep tyranny over blacksTo keep tyranny over blacks

Reconstruction (after Civil Reconstruction (after Civil War)War) Blacks technically citizens, Blacks technically citizens,

still had to register gunsstill had to register guns 1930s – taxes, registration 1930s – taxes, registration

added for whites to fight added for whites to fight gang violencegang violence

1941 - ruled registration was 1941 - ruled registration was only to check-up on colored only to check-up on colored people, not applicable to people, not applicable to whiteswhites To late, registrations already To late, registrations already

formally initiated for allformally initiated for all

1968 – Congress set 1968 – Congress set minimum purchasing age, minimum purchasing age, required all imported guns required all imported guns be intended only for sport, be intended only for sport, expanded list of people expanded list of people prohibited from owning prohibited from owning weaponsweapons Germany: “the only reason Germany: “the only reason

for guns in civilian hands for guns in civilian hands is sporting purposes"is sporting purposes"

1986, 1994, and 1996 – 1986, 1994, and 1996 – continued narrowing of continued narrowing of restrictionsrestrictions

2008 – In 2008 – In District of District of Columbia v. HellerColumbia v. Heller, the , the United States Supreme United States Supreme Court ruled gun ban Court ruled gun ban unconstitutionalunconstitutional

Case in Point: Joe HornCase in Point: Joe Horn Shot burglars robbing Shot burglars robbing

neighbors house, killed bothneighbors house, killed both Went out in front yard with Went out in front yard with

gun, claims he shot in self-gun, claims he shot in self-defense when one robber defense when one robber ran at himran at him

““Castle doctrine” in Texas Castle doctrine” in Texas allows protection of allows protection of property; Horn not indicted property; Horn not indicted

““Resistance to sudden Resistance to sudden violence, for the preservation violence, for the preservation not only of my person, my not only of my person, my limbs, and life, but of my limbs, and life, but of my property, is an indisputable property, is an indisputable right of nature which I have right of nature which I have never surrendered to the never surrendered to the public by the compact of public by the compact of society, and which perhaps, I society, and which perhaps, I could not surrender if I could not surrender if I would.” -John Adams would.” -John Adams

Jury TrialsJury Trials

Recognized in Recognized in Common Law Common Law countries only.countries only. Not practiced outside of Not practiced outside of

U.S.U.S. Experimentation:Experimentation:

South Korea-South Korea- Jurors:Jurors:

Currently play an Currently play an advisory role to advisory role to Judges.Judges.

Verdicts and Verdicts and sentences by jurors sentences by jurors are non-binding.are non-binding.

No jury trials in No jury trials in Germany-Germany- Single judge resides Single judge resides

over cases.over cases. Extreme offenses Extreme offenses

warrant a panel of warrant a panel of judges.judges.

Punitive DamagesPunitive Damages Necessary or Necessary or

Unnecessary?Unnecessary? German courts believe German courts believe

compensation for actual physical compensation for actual physical loss is all that is necessary.loss is all that is necessary.

Sometimes “reasonable” punitive Sometimes “reasonable” punitive damages awarding in serious damages awarding in serious criminal suits.criminal suits.

Some it is impossible to Some it is impossible to compensate for suffering. compensate for suffering.

Reduction of another person’s Reduction of another person’s income makes punitive damages income makes punitive damages seem highly justified seem highly justified

Ex: Exxon oil spill in the Prince Ex: Exxon oil spill in the Prince William Sound area of the Gulf of William Sound area of the Gulf of Alaska – reduced fisherman incomeAlaska – reduced fisherman income

Damage awards in this case Damage awards in this case reduced from 2.5 billion to 500 reduced from 2.5 billion to 500 million dollarsmillion dollars

Opinions from the GovernmentOpinions from the Government Governor Schwarzenegger Governor Schwarzenegger

believes most punitive believes most punitive damage rewards should go damage rewards should go to more than just the to more than just the person that files the person that files the complaintcomplaint

Argues that most of the Argues that most of the reward should aid in tax reward should aid in tax reliefrelief Many believe this is Many believe this is

beyond the governor’s beyond the governor’s power to enforce. power to enforce.

He is not allowed to He is not allowed to reform the systemreform the system

could create a conflict of could create a conflict of interest among jurorsinterest among jurors

might feel obligated to might feel obligated to decide in favor of extreme decide in favor of extreme punitive damage rewardspunitive damage rewards

Other OpinionsOther Opinions

George W. Bush George W. Bush believes that large believes that large malpractice awards malpractice awards drive healthcare drive healthcare costs up. costs up. Therefore, the Therefore, the economy suffers economy suffers greatly.greatly. punitive damages punitive damages

are rarely awarded are rarely awarded in medical in medical malpractice casesmalpractice cases

Accomplice RuleAccomplice Rule

In the United States, accomplices are In the United States, accomplices are just as liable as the actual killer for just as liable as the actual killer for murders committed during the act of murders committed during the act of a felony.a felony. In favor – Looked at as morally In favor – Looked at as morally

justifiable when someone enters into a justifiable when someone enters into a crime with a good possibility of someone crime with a good possibility of someone being killed or hurt.being killed or hurt.

Against – Completely ignores the Against – Completely ignores the concept of determination of guilt on the concept of determination of guilt on the basis of individual misconduct.basis of individual misconduct.

The Country With the Most PrisonersThe Country With the Most Prisoners

““The United States has less than 5 The United States has less than 5 percent of the world’s population. percent of the world’s population. But it has almost a quarter of the But it has almost a quarter of the world’s prisoners.” – Liptakworld’s prisoners.” – Liptak

Germany has 88 per 100,000 Germany has 88 per 100,000 people imprisoned, the U.S. has people imprisoned, the U.S. has 751 – the highest in the world 751 – the highest in the world

Varies between statesVaries between states Per 100,000 in the population, Per 100,000 in the population,

Minnesota incarcerates Minnesota incarcerates “about 300; and Texas, “about 300; and Texas, almost 1,000”almost 1,000”

Why are American Prisons so Packed?Why are American Prisons so Packed?

More violent crime than other countriesMore violent crime than other countries Less non-violent crimes thoughLess non-violent crimes though Some point to “right to keep an bear Some point to “right to keep an bear

arms”arms” Political riots less common and less Political riots less common and less

violent in U.S. violent in U.S. American characterAmerican character

Focused on individual freedoms, Focused on individual freedoms, including to do things wrongincluding to do things wrong

Emphasis on responsibilityEmphasis on responsibility Judges elected so American “tough Judges elected so American “tough

punishment” mindset prevailspunishment” mindset prevails

The war on non-violent crimesThe war on non-violent crimes Bad checksBad checks Illegal drugsIllegal drugs

Long jail sentencesLong jail sentences If all countries gave same length in If all countries gave same length in

prison, the US would not be firstprison, the US would not be first Murderers in Germany “can be and Murderers in Germany “can be and

often are paroled after 15 years”often are paroled after 15 years”

Implications of the U.S. Prison PopulationImplications of the U.S. Prison Population

Is this new? Can we blame Is this new? Can we blame Bush?Bush? ““From 1925 to 1975 the From 1925 to 1975 the

U.S. incarcerated 110 U.S. incarcerated 110 people per 100,000 people per 100,000 population” -Thomas Ulenpopulation” -Thomas Ulen

Crime wave in the 1970s Crime wave in the 1970s pushed prison population pushed prison population upwardupward

1990s – harsher drug 1990s – harsher drug penalties, three-strikes penalties, three-strikes laws, less power to parole laws, less power to parole boardsboards

Does it work?Does it work? ““There is little question that There is little question that

the high incarceration rate the high incarceration rate here has helped drive down here has helped drive down crime, though there is crime, though there is debate about how much.” – debate about how much.” – LiptakLiptak

Writ of Habeas CorpusWrit of Habeas Corpus Meaning: A judicial mandate Meaning: A judicial mandate

to a prison official ordering a to a prison official ordering a prisoner be brought to court prisoner be brought to court in order to determine in order to determine imprisonment or a release imprisonment or a release from legal custody.from legal custody.

Originated in 14Originated in 14thth Century Century England.England.

Thought to have been Thought to have been Common Law by the time of Common Law by the time of Magna Carta.Magna Carta.

Formalized in the Habeas Formalized in the Habeas Corpus Act of 1679Corpus Act of 1679

Usually filed by the person Usually filed by the person serving the prison sentenceserving the prison sentence

Exercised by those who feel Exercised by those who feel they were wrongfully accused.they were wrongfully accused.

Protection of individual rightsProtection of individual rights

Permanence of Habeas CorpusPermanence of Habeas Corpus Britain and America Britain and America

have both suspended have both suspended the Act at timesthe Act at times British suspended it for British suspended it for

Germans during World Germans during World War IIWar II

Reduced rights for fear Reduced rights for fear of uprising within Great of uprising within Great Britain by GermansBritain by Germans

Americans suspended it Americans suspended it for Japanese during for Japanese during World War IIWorld War II

Japanese Americans Japanese Americans sent to internment sent to internment camps.camps.

Case in Point: Anthony GravesCase in Point: Anthony Graves Accused in 1994 of Accused in 1994 of

participating in the participating in the murder of 6murder of 6 Pointed to by confessed Pointed to by confessed

murderer, Cartermurderer, Carter Claimed innocence, Claimed innocence,

sentenced to deathsentenced to death Carter changed his Carter changed his

story day before story day before testimony, testimony, prosecution kept quietprosecution kept quiet

Waiting for re-trial or Waiting for re-trial or dismissal due to lack dismissal due to lack of due processof due process

Ongoing American ControversyOngoing American Controversy Guantanamo Bay:Guantanamo Bay:

Habeas Corpus an issue for terrorists??Habeas Corpus an issue for terrorists?? Boumediene v. BushBoumediene v. Bush

Supreme court has given prisoners the right to ‘request’ a Supreme court has given prisoners the right to ‘request’ a hearing.hearing.

U.S. presidential issue in 2008U.S. presidential issue in 2008 Supporters of the ruling-Supporters of the ruling-

In order to preach constitutional rights, presidential nominees In order to preach constitutional rights, presidential nominees and American citizens must support the ruling.and American citizens must support the ruling.

Habeas Corpus may not be suspended unless in case of rebellion Habeas Corpus may not be suspended unless in case of rebellion or invasion of the public safety as outlined in the constitution.or invasion of the public safety as outlined in the constitution.

Opposition to the ruling-Opposition to the ruling- Terrorists are not U.S. citizens and/or soldiers and these Terrorists are not U.S. citizens and/or soldiers and these

particular laws don’t apply to them.particular laws don’t apply to them. Costs tax payer money for all terrorist habeas corpus requests.Costs tax payer money for all terrorist habeas corpus requests. Treating terrorists as regular prisoners leads to a “September Treating terrorists as regular prisoners leads to a “September

1010th”th” mindset. mindset.

Making BailMaking Bail Bond concept borrowed from Bond concept borrowed from

EnglandEngland “ “In medieval England, In medieval England,

methods to insure the accused methods to insure the accused would appear for trial began as would appear for trial began as early as criminal trials early as criminal trials themselves.” (“History of Bail”)themselves.” (“History of Bail”)

Sheriff would judgeSheriff would judge Statute of Westminster in Statute of Westminster in

1275: specified bailable and 1275: specified bailable and non-bailable expensesnon-bailable expenses

Judiciary ActJudiciary Act Habeas Corpus Act of 1677: Habeas Corpus Act of 1677:

reason must be specifiedreason must be specified 16th Amendment16th Amendment

America added in its own America added in its own special touchspecial touch

Protection from outrageous Protection from outrageous bailsbails

1818thth Amendment Amendment BondsmenBondsmen

American BondsmenAmerican Bondsmen

Downsides:Downsides: No market competition (price is set) so it can go corrupt quickly and easilyNo market competition (price is set) so it can go corrupt quickly and easily Considered an international non-exampleConsidered an international non-example

Seen as profiting from the release of prisonersSeen as profiting from the release of prisoners Upsides:Upsides:

““The system costs taxpayers nothing, Mr. Kreins said, and it is exceptionally The system costs taxpayers nothing, Mr. Kreins said, and it is exceptionally effective at ensuring that defendants appear for court.” -Liptakeffective at ensuring that defendants appear for court.” -Liptak

Bondsmen are able to track down no-shows with bounty hunters, state could not Bondsmen are able to track down no-shows with bounty hunters, state could not keep upkeep up

Access to pretrial release is available to both the rich and the poorAccess to pretrial release is available to both the rich and the poor

Capital PunishmentCapital Punishment The U.S. is the only The U.S. is the only

industrial, fully industrial, fully developed, Western developed, Western country that uses the country that uses the death penalty.death penalty.

74% of Americans 74% of Americans approve of capital approve of capital punishment when the punishment when the crime is murder.crime is murder.

~15,000 people have ~15,000 people have been legally executed been legally executed in the U.S. from 1608-in the U.S. from 1608-19911991 31 U.S. states allow the 31 U.S. states allow the

death penaltydeath penalty

Trends in Death SentencesTrends in Death Sentences

Racial Lines:Racial Lines: Racial disparity among U.S. courts involving Racial disparity among U.S. courts involving

capital punishment for many years.capital punishment for many years. Between 1930 and 1990, African Americans had a 22% Between 1930 and 1990, African Americans had a 22%

chance of receiving capital punishment, whites had an chance of receiving capital punishment, whites had an 8% chance8% chance

Death for Non-Killers??Death for Non-Killers?? No executions for a non-lethal crime in 44 years.No executions for a non-lethal crime in 44 years.

Kennedy v. Louisiana Kennedy v. Louisiana outlawed capital punishment for outlawed capital punishment for child rape not resulting in deathchild rape not resulting in death

Ignored the ruling in 2006 which made child rape by Ignored the ruling in 2006 which made child rape by military personnel a capital crime - Uniform Code of military personnel a capital crime - Uniform Code of Military Justice.Military Justice.

Capital Punishment for JuvenilesCapital Punishment for Juveniles

364 juvenile offenders have been put to 364 juvenile offenders have been put to death in the U.S.death in the U.S.

Youngest person ever executed was 14 Youngest person ever executed was 14 years old in 1944years old in 1944

Opposition:Opposition: Sending a harsher punishment signal to Sending a harsher punishment signal to

young people doesn’t solve the problemyoung people doesn’t solve the problem adults don’t respond to it, so why should adults don’t respond to it, so why should

juveniles?juveniles?

The Politics of Capital The Politics of Capital PunishmentPunishment

Texas has more legal Texas has more legal executions than any executions than any other state. Why?other state. Why? Judges may look at Judges may look at

capital punishment as capital punishment as an advantageous an advantageous chance to appeal to chance to appeal to conservative voters in conservative voters in order to help their order to help their chances of reelection.chances of reelection.

National Impact:National Impact: Ex: Execution of Ex: Execution of

Mexican illegal Mexican illegal aliens aliens

World court World court ordered review of ordered review of cases.cases.

Medellín v. TexasMedellín v. Texas--Texas’ refusal Texas’ refusal erodes ability of erodes ability of U.S. in helping U.S. in helping those accused of those accused of crimes abroad.crimes abroad.

Assisted SuicideAssisted Suicide

Process by which an Process by which an individual, who may individual, who may otherwise be otherwise be incapable, is provided incapable, is provided the means to commit the means to commit suicidesuicide

Mostly illegal in U.S.Mostly illegal in U.S. Regulated by the States.Regulated by the States.

Legal in Germany.Legal in Germany. Doctors may provide but Doctors may provide but

not administer drugs.not administer drugs.

Promotion and Restriction of Promotion and Restriction of Assisted SuicideAssisted Suicide

Swiss group “Dignitas” promoting aide in Swiss group “Dignitas” promoting aide in suicide all over Europe.suicide all over Europe.

Protected in U.S. by “The Death With Protected in U.S. by “The Death With Dignity Act.”Dignity Act.” Don’t want federal government to ban it Don’t want federal government to ban it

outright.outright. Latest case occurring in July 2008.Latest case occurring in July 2008.

HEALTHY 79 year old Ms. Schardt choosing to HEALTHY 79 year old Ms. Schardt choosing to die rather than going into a nursing home.die rather than going into a nursing home.

Dr. Roger Kusch assisted legally.Dr. Roger Kusch assisted legally. German State of Bavaria pushing for legislation to German State of Bavaria pushing for legislation to

ban activities when circumstances resemble these.ban activities when circumstances resemble these. U.S. to possibly do the same?U.S. to possibly do the same?

Illegal ImmigrationIllegal Immigration Unions are claiming job Unions are claiming job

loss due to illegal loss due to illegal immigrants.immigrants.

The U.S. removed 276,912 The U.S. removed 276,912 immigrants in 2007.immigrants in 2007.

Expansion of legal Expansion of legal immigrant programs are immigrant programs are progressing.progressing. Not allowing legal contract Not allowing legal contract

business workers could business workers could bankrupt many bankrupt many companies. companies.

Much larger guest worker Much larger guest worker program needed.program needed.

175 bills introduced last 175 bills introduced last year for immigration year for immigration reform.reform.

ICE Raids in U.S.ICE Raids in U.S. Elected officials have begun lobbying against Elected officials have begun lobbying against

raids on small businesses.raids on small businesses. Critics claim raids are targeting successful business Critics claim raids are targeting successful business

owners.owners. Penalties in some states are harsher than Penalties in some states are harsher than

others.others. Ex: Felony in Mississippi to employ illegal Ex: Felony in Mississippi to employ illegal

immigrants.immigrants. 80% of detainees captured by ICE are 80% of detainees captured by ICE are

criminals.criminals. Outcry of mistreatment by detainees at holding Outcry of mistreatment by detainees at holding

centers.centers. Since 2004, 69 detainees have died during Since 2004, 69 detainees have died during

containment.containment.

Disadvantaged Immigrant GroupsDisadvantaged Immigrant Groups

Mexicans in United StatesMexicans in United States Turkish in GermanyTurkish in Germany

Includes – Education, finances, racial discrimination.Includes – Education, finances, racial discrimination. Both are largest immigrant groups in respective countries.Both are largest immigrant groups in respective countries. Citizens are lawfully put at the “front of the line” for jobs before immigrant Citizens are lawfully put at the “front of the line” for jobs before immigrant

workers.workers. Effort of multiculturalism.Effort of multiculturalism. Many citizens feel forced to assimilate; others see progressive open Many citizens feel forced to assimilate; others see progressive open

process with host country in control.process with host country in control.

Motion to SuppressMotion to Suppress The U.S. is the only The U.S. is the only

country with country with evidence exclusion evidence exclusion rules for police rules for police misconduct.misconduct. Reduces 4Reduces 4thth

Amendment Amendment violations.violations.

Evidence admitted Evidence admitted unlawfully encourages unlawfully encourages further misconduct.further misconduct.

Deters high crime Deters high crime rates not found in rates not found in other countries.other countries.

Foreign Nations:Foreign Nations: Ex: Canada - Ex: Canada -

Exclusion of evidence Exclusion of evidence not justified when not justified when evidence gathered evidence gathered causes harm to others.causes harm to others.

(Common perception (Common perception worldwide).worldwide).

Criticism of U.S.:Criticism of U.S.: Unique to American Unique to American

jurisprudence.jurisprudence. No other civilized No other civilized

country has adopted it.country has adopted it.

Freedom of SpeechFreedom of Speech

The First Amendment of the The First Amendment of the Constitution distinguishes the U.S. Constitution distinguishes the U.S. Government from the rest of the world.Government from the rest of the world. Journalists can say whatever they please.Journalists can say whatever they please.

U.S. Free Speech laws scrutinized by many U.S. Free Speech laws scrutinized by many governments.governments.

Several countries limit free speech:Several countries limit free speech: Ex: Canadian government recently filed Ex: Canadian government recently filed

suit against a journalist expressing hate suit against a journalist expressing hate speech towards Islam.speech towards Islam.

Germany is one of many Germany is one of many countries outlawing “hate countries outlawing “hate speech.”speech.” Denial of Nazi crimes is Denial of Nazi crimes is

also forbidden.also forbidden. Foreigners are denied the Foreigners are denied the

right of hate speech while right of hate speech while in Germany.in Germany.

Harvey A. Silvergate, a Harvey A. Silvergate, a radical lawyer of the ACLU, radical lawyer of the ACLU, believes that sending Hitler believes that sending Hitler on a speaking tour of the on a speaking tour of the U.S. would have been a U.S. would have been a good idea.good idea.

The problem with so-called The problem with so-called hate speech laws is that hate speech laws is that they’re not about facts; they’re not about facts; they’re about feelings.they’re about feelings.

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Yitiha Simbeye, Immunity and International Criminal Law (2004).Yitiha Simbeye, Immunity and International Criminal Law (2004).