Law And Society

Front 1

Professionals want 2 things

Back 1

1. To be changed and take on the attributes of the profession
2. To keep previous selves intact (profession as an addition to their lives)

Front 2

Professionalization

Back 2

-the transformation of some nonprofessional occupation into a vocation with the attributes of the profession
-an attempt to translate one type of resources into another

Front 3

Market control

Back 3

-the successful assertion of unchallenged authority over some area of knowledge and its professional instrumentation

Front 4

Requirements for a profession

Back 4

1. Full-time occupation
2. Established training schools (University affiliation)
3. Local professional associations started (National associations evolved)
4. State licensing laws exist
5. Formal codes of ethics established

Front 5

Barristers

Back 5

-lawyers who act as the mouthpiece of their clients in court proceedings, controlled the training of new lawyers

Front 6

Solicitors

Back 6

-arouse to meet the needs of clients

Front 7

Socratic method

Back 7

-involves an intensive interrogation by the teacher of individual students concerning the facts and principles of the case
-instruction in the rules of law
-help students "think like a lawyer"

Front 8

Strengths/Weaknesses for Socratic method

Back 8

+large class sizes possible
+requires students to prepare for class and learn the material
+focuses attention on subtleties
+provides good background for logical reasoning
-class environment considered hostile (intense emotional environment)
-students complain method is inconclusive (doesnt encourage creativity and not intellectually stimulating)
-men seem to fair better than women

Front 9

Professional socialization

Back 9

-taking on professional attitudes and identity
-indoctrinating students into legal profession
-students taught to define problems within the framework of the current system
-moves students to view the law is solely a conflict resolution mechanism (not about social change)

Front 10

Private practice roles

Back 10

1. counseling
2. negotiating
3. drafting
4. litigating
5. researching
6. investigating

Front 11

Stratification of law

Back 11

-individuals and small businesses vs. corportate
-wealthy vs. poor

Front 12

Determinates of placement

Back 12

-social origins of lawyers
-law schools attended
-types of clients served
-frequency and type of litigation
-different circles of acquaintance

Front 13

Selection of judges

Back 13

-elected by popular vote or legislature
-governor appointed, subject to legislative approval
-appointed by president, approved by senate

Front 14

Judges regulate the jury

Back 14

1. discretion to allow evidence
2. instruction
3. special verdicts
4. reducing jury awards
5. declaring a mistrial

Front 15

Legal systems goals of voir dire

Back 15

-determine whether a prospective juror meets reqs for jury
-discover grounds for a challenge for cause
-discover info that can lead to exercise of peremptory challenge
-overall ensure an impartial jury

Front 16

Attorneys goals of voir dire

Back 16

-eliminate prospective jurors unfavorable to ones side and "select" those more favorable
-indoctrinate jurors and influence those who will ultimately make up jury
-create positive impressions about attorney and client

Front 17

Challenges

Back 17

-for cause: potential jurors who are prejudiced to either party stricken from service
-peremptory: exclusion without a stated reason or without subject to courts control
-undue hardship or extreme inconvenience
-childcare
-70+ yrs of age
-certain occupations

Front 18

Scientific Jury Selection

Back 18

-community surveys
-jury questionnaries
-in vivo questioning of potential jurors
-shadow juries/mock juries
-observation of potential jurors
-theme development

Front 19

Strauder v. West Virginia

Back 19

-forbade systematic or intentional exclusion of religious, racial, and other cognizable groups from jury panels

Front 20

Batson v. Kentucky

Back 20

-purposeful racial discrimination in selection of the venire violates a defendents right to equal protection because it denies him the protection that a trial by jury is intended to secure

Front 21

Witherspoon v. Illinois

Back 21

-jurors can be eliminated from the venire based on their death penalty attitudes

Front 22

Lockhart v. McCree

Back 22

-excluded for attitudes toward the death penalty, not membership in cognizable group
-however, changes jury composition and decision making process to more conviction prone

Front 23

Jury Nullification

Back 23

-the right of juries to nullify or refuse to apply law in criminal cases despite facts that leave no reasonable doubt that the law was violated
-allows jury members to disregard both the law and the evidence to acquit defendents who have violated the letter, but not the spirit, of the law
-check on prosecutorial indiscretion
-the "great corrective" in administration
-embodiment of the conscience of the community

Front 24

Abuses of nullification

Back 24

-must always be used to acquit
-acquittal by bigoted juries of whites who committed crimes against blacks
-partially fueled the civil rights movement
-right to be tried by a jury selected without bias

Front 25

US v. Dougherty (15.7)

Back 25

-jury nullification co-exists with the legal practice of telling the jury they must follow the law
-the way the jury operates may be radically changed by telling them of the option to nullify
-encouraging anarchy
-subtle/informal communication that conveys this right
-may put untoward strain on the jurors
-must be so extreme of a disagreement that they feel it their duty to go against the law

Front 26

3.2 Simple Living and Hard Choices

Back 26

-lawyers and judges use rules of law to convert large questions into small, manageable ones
-do you treat symptoms or expand to root of the problem?

Front 27

12.1 Law School: Caught in the Paradigmatic Squeeze

Back 27

-institution takes over home life
-students want to do well: enables the socialization

Front 28

12.2 Legal Education and the Reproduction of Hierarchy

Back 28

-law school parallels society's hierarchies
-make you believe you're incompetent to take over
-rank of law school corresponds to rank of firm, etc

Front 29

11.1 The Temper of the Legal Profession in the US

Back 29

-lawyers are a priviledged body
-highest political class
-agents of social control

Front 30

11.3 The Big Casino

Back 30

-primarily about getting or keeping money
-law is like a big casino with gamblers, winners, and losers

Front 31

14.1 Constitution and
15.1 Duncan v. Louisiana (kinda)

Back 31

-right to trial by jury of our peers
-protection against oppression by government, unfounded criminal charges
-reflection of beliefs of exercise of power

Front 32

15.3 Trial by Jury in US

Back 32

-trial by jury:
1. judicial
2. political institution
-places the direction of society in the hands of the governed
-raises citizens to the “bench of judges”
-the execution of the laws is entrusted to common citizens
-teaches people to practice equity

Front 33

15.4 Jury Nullification: Right to Say No

Back 33

-jurors have right to ignore judges instruction and reach a verdict of acquittal upon own consciences

Front 34

17.4 Empirical Research and Civil Jury Reform

Back 34

-criticisms of jury and remedies
-problems overstated and sometimes untrue regarding sympathy to plaintiffs who bring lawsuits and hostile to corporate/insurance defendants, problems understanding evidence/instructions, and unable to determine punitive damages fairly and consistently
-found civil jury to be generally competent as factfinder

Front 35

17.7 Unanimous Verdict

Back 35

-unanimous vs. majority voting
-jurors returning nonunanimous verdicts felt far less certain of their conclusions than did their counterparts on unanimous verdict
-in unanimous: must contribute knowledge to ongoing discussion leading to collective wisdom vs. a body where jurors behave as if their function were to rep the preconceptions and interests of their own kind