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78 Cards in this Set
- Front
- Back
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Powell v. Alabama
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fight occurs on train in Alabama between black and white boys.
2 women accuse blacks of raping them and they all get death penalty. 6th Amendment-no effective counsel |
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In Re Kemmler
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1st death by electrocution
killed wife with ax, took 8 minutes for him to actually die. went terribly wrong but case happened before electrocution so it continued to be the mode of death. |
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Roper v. Simmons
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against the law to execute people under the age of 18
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Jewell Ridge Coal Corp. v Local 6167
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caused rift between Black and Jackson
5-4 decision for United Mine Workers Black didn't recuse himself even though his former law partner was represented Local 6167 |
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Minersville School District v. Gobitis
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caused rift between Jackson and Frankfurter
2 students refused to salute flag because they were Jehovah's. 7-1 decision favoring school board with Frankfurter writing majority. religion does not free you of political responsibilities |
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West Virginia State Board of Education v. Barnette
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Jackson's revenge on Frankfurter
also involved Jehovah's witnesses 6-3 decision for Barnette with Jackson writing majority |
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Brown v. Board of Education
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overturned Plessy v. Ferguson
legally authorized segregation as unconstitutional had to enforce with all deliberate speed because schools weren't complying |
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Bush v. Orleans Parish School Board
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Wright and Thurgood
made school boards pay all teachers the same even though schools were still segregated Equal Protection Clause |
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Chambers v. Florida
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40 men were called in for a murder and after weeks of questioning 4 finally confessed and were sentenced to death.
Thurgood takes the case and unanimous decision states that confessions were coerced and therefore inadmissible. |
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Plessy v. Ferguson
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Plessy tries to get on white bus and is arrested.
He argues for his 14th amendment rights but court says separate but equal is constitutional |
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5th Amendment
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Miranda rights
double jeopardy, due process |
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8th Amendment
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cruel and unusual punishment
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14th Amendment
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due process in states
equal protection clause |
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Article 570 of LA Constitution
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issued 2 weeks after botched execution of Willie Francis
must have a competent electrician and no convicts perform execution |
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writ of habeas corpus
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URGENT means of seeking postconviction relief
appeal is not possible |
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appeal
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proceeding in appellate court for review of proceedings in lower court
made to correct alleged errors/injustices |
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writ of certiorari
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discretionary writ of appellate court to review trial court's proceedings
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writ of prohibition
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order by appellate court to STOP a proceeding
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writ of mandamus
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order by appellate court commanding the performance of specified legally required act
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Ignace Doucet
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provided two affidavits swearing that he saw Venezia and Foster drinking during execution
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Grady Jarrat
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official LA executioner
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relator
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private individual
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two types of Supreme Court decisions
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majority
dissenting |
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concurring opinion
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agrees with majority but for different reasons
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principals
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adversaries (victim+offender)
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partisans
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3rd parties who take sides in a case
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social gravitation
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the extent to which principals attract would-be partisans
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weakness of strong ties
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close family/friends are not effective witnesses even if they are reliable
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members of LA Pardons Board
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Verret-Lieutenant Governor
Simon-16th Judicial Court Judge Leblanc- Attorney General |
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law is what kind of variable?
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quantitative
dependent |
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Theory of Partisanship
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Donald Black
microsociologist |
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Evidence as Partisanship
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Mark Cooney
generation of evidence increases with status, intimacy and respectability |
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wrote majority
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Reed
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wrote concurring
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Frankfurter
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wrote dissenting
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Burton
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Puke Test
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Frankfurter
substantive justice |
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Crime Control Model
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conveyor belt
Herbert Packer presumption of guilt |
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Due Process Model
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obstacle course
presumption of innocence |
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Mr. Bienvenu
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ran a grocery store
noticed Andrew Thomas had not opened pharmacy called Alida Thomas |
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Mr. Zie
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secretary treasurer of police juries
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Claude Thomas
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Chief of Police of St. Martinville
deputy sheriff under Resweber |
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heater case
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gets lot of attention because it is high profile or family is in law enforcement
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Mr. and Mrs. Van Brocklin
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Andrew Thomas' neighbors
heard shots at midnight but thought it was POW camp saw a car outside of the house |
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felony murder
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murder committed at the time of another major crime
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suspicions of why Andrew Thomas was murdered
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robbery
revenge |
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Chief of Police Goldsmith
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Port Arthur, Texas
takes Willie in for drug case questioning ends up getting a confession out of him for murdering Andrew Thomas |
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Brown v. Mississippi
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ruled that you can't physically coerce someone into confessing
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preventive detention
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keeping someone in custody because they are seen as a threat to others or themselves
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what is required if prison sentence can put individual to death or life without parole?
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grand jury
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true bill
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vote to indict
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no true bill
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no indictment
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Judge Simon's Judicial Court
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16th
New Iberia, St. Martin, St. Mary |
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Willie is assigned 2 lawyers after indictment
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Mestayer and Parkerson
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venire
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selection of 40 men
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voir dire
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questioning jurors in order to seed out biased or those that need to be dismissed
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challenges for cause
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give reason for dismissal
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peremptory challenges
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don't state reason
LA allows 12 |
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Le Code Noir
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French law governing local slave administration
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Francis Fuselier
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5th member of coroner's jury
brother of August Fuselier |
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August Fuselier
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deputy sheriff of St.Martinville
his gun killed Andrew Thomas |
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suspected killers of Andrew Thomas
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Nassins
Duplantis |
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Witnesses at Pardons Board
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Warden Bazer
Captain Foster Vincent Venezia Sheriff Resweber Dr. Yongue Sheriff Ozenne |
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Who is representing state of LA against Willie Francis?
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D.A. Pecot
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NAACP lawyers
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Tureaud
Thornton asked to help by Willie's sister |
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Skelly Wright
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U.S. Attorney in LA
went to Loyola becomes federal judge of US district court in eastern district of LA |
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Different Models of Law Theorist
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Weber
substantive formal |
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formal law
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legal reasoning
uses logic and rules |
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substantive law
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extra-legal factors and reasoning
emotions and sentiments ethical, political, religious |
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primary relations
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intimate, personal
family and friends |
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secondary relations
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official interaction
boss and employee |
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Westinghouse
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developed system of alternating currents
used for electrocution |
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Edison
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direct current
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Thurgood Marshall
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1st black justice of US Supreme Court
tries to get movie stars to influence Governor Jimmie Davis |
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Daniel Byrd
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president of NO NAACP
former Harlem Globetrotter tried to get Pope to influence Pardons Board |
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Monte Lemann
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respected member of Louisiana bar
Frankfurter asks him to tell Simon to grant clemency to Willie Francis taught Simon at Tulane |
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What happens to Deblanc?
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becomes D.A. (state prosecutor)
then becomes 1st public defender in Lafayette |
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why was the governor unable to do anything about Willie Francis?
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could only pardon under 2/3 recommendation by Pardons Board
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writ that USSC granted?
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certiorari
all records of proceedings of LA courts to be sent |
