Pols Exam 3

Front 1

How do originalists interpret the Constitution?

Back 1

Originalists interpret the constitution the way the founders intended

Front 2

Strengths of originalism?

Back 2

Faithful to constitution, neutrality, fosters stability,

Front 3

Weakness of originalism?

Back 3

Stealth conservatism, founders had more than 1 intent, no authoritative documents

Front 4

Strengths of balancing approach?

Back 4

Flexible, not bound the past

Front 5

Weakness of balancing approach?

Back 5

Gives judges TOO much discretion; liberal outcomes too much, no real standards/guidelines

Front 6

Does the 2nd amendment pertain to individuals or groups?

Back 6

Individuals

Front 7

What were the 2 major provisions of the DC law?

Back 7

Banned handguns, guns in the home must be disassembled or have a safety latch

Front 8

How did the Supreme court decide DC V Heller (2008)?

Back 8

SC said individual right to possess firearm IS constitutional

Front 9

What did the Supreme court hold in Miller V US (1939)?

Back 9

Upheld National Fire Arms Act of 1934, which required registration for some weapons

Front 10

What did the majority hold in DC V Heller (2008)?

Back 10

The majority held that the DC law that prohibits handguns to be unconstitutional.

Front 11

What did the dissent argue in DC V Heller (2008)?

Back 11

The dissent argues that since handguns are for personal use not military, they're not protected under 2nd amendment

Front 12

What are the 5 dimensions that classify problem solving institutions?

Back 12

Specialist/Generalist third party, private vs public, settlement role of third party, three levels of formality, and control exerted by parties

Front 13

What's the difference between 'one-shotters' and 'repeat players'?

Back 13

One-shotters occasionally appear in court, repeat players often bring cases to court

Front 14

What are the 3 types of adjudication?

Back 14

Procedural, decisional and diagnostic

Front 15

What 4 strategies do interest groups pursue?

Back 15

Direct sponsorship, amicus curiae briefs(friend of the court), class action and judicial nominations

Front 16

Why is policy litigation GOOD?

Back 16

Outlet for powerless, remedy against majority tyranny and allows political hot potatoes onto the agenda

Front 17

Why is policy litigation BAD?

Back 17

Anti-democratic(subverts will of majority) and turn a normal dispute into lingering issue

Front 18

In order for courts to be effective in social change, what conditions are needed?

Back 18

Benefits offered for compliance, costs imposed for noncompliance, judicial decisions implemented by market, or when actors need political cover for making changes

Front 19

What role did the court play in the public's view of abortion?

Back 19

The court legalized abortions

Front 20

What changed after Roe V Wade

Back 20

Congressional hostility, rise of the anti-abortion movement and the religious right, clinics rise when hospitals refuse

Front 21

Are courts usually more 'dynamic' or 'constrained'?

Back 21

Dynamic?

Front 22

In what ways can courts exert direct influence?

Back 22

Strike down or interpret laws, set new or maintain status quo

Front 23

In what ways can courts exert indirect influence?

Back 23

Persuade opponents, hearten those seeking change, change public opinion

Front 24

What is the role of the 5th amendment in the criminal justice process?

Back 24

Right when accused to "due process", grand jury

Front 25

What is the role of the 6th amendment in the criminal justice process?

Back 25

Rights when on trial, speedy trial, informed of one's charges,

Front 26

What is the role of the 8th amendment in the criminal justice process?

Back 26

No excessive bail

Front 27

What 2 factors influence the amount of bail set?

Back 27

Seriousness of crime and prior criminal history

Front 28

Name 4 ways to secure pre-trial release through bail?

Back 28

Post bond in cash, friend or relative post bond for you, bail bondsman, released on your own recognizance

Front 29

What factors determine the quality of an arrest?

Back 29

Proper procedure followed, quality and quantity of evidence

Front 30

What are 3 forms of plea bargaining?

Back 30

Charge, count, and sentence

Front 31

What are the 3 major rulings the Supreme court has made regarding plea bargains?

Back 31

"Boykin vs Alabama(1969) if you waive your rights by pleading guilty before trial it must be documented
Santeobello vs NY(1971) can withdraw guilty plea
Alford vs NC(1971) judge doesn't have to accept guilty plea

Front 32

What are 4 reasons for punishment?

Back 32

Retribution, incapacitation, deterrance, rehabilitation

Front 33

What are 3 types of punishment?

Back 33

Imprisonment, probation, fines

Front 34

What are the 3 usual types of sentences?

Back 34

"Indeterminate(fixed min/max 5-10yrs)
Determinate(no min/max ~5yrs)
Definite(fixed period no parole)

Front 35

What is the difference between dicrimination in sentencing and disparity in sentencing?

Back 35

"Discrimination in an inequity of arrests based on ethnicity
Disparity is difference in sentencing for similar crimes not based on ethnicity"

Front 36

Are sentencing guidelines constitutional? Why or why not?

Back 36

Unconstitutional because they make judges, not juries, the finders of fact