Sunday, December 13, 2009
Fiction Blog 5
Ellie found information that may incriminate Rob Westerfield of another murder that occurred before the death of Andrea, Ellie's sister. A locket with the initials A. R. for Amy Rayburn belonged to murder victim. The locket was found in the possession of Rob Westerfield. One of Rob's cellmates remembers him talking about beating A. R. to death and it feeling good. This inmate could be used to prove that Rob confessed to the murder of another girl. The locket could be used as evidence against Rob Westerfield. Beating the girl to death is the mens rea portion of the criminal elements. He willing beat the girl to death. There is also the acutus reus portion. If he had not intended to kill the girl he would have stopped beating her. A woman called Ellie to tell her that she has proof that Rob disguised his identity by wearing a wig. This also proves the intent of Rob to murder his victims without getting caught. It turned out that it was Rob Westerfield playing a woman to lure Ellie out. She recognized Rob when she went to go meet the woman. Ellie tried to get away in her car but Rob followed her in his van. Rob pushed Ellie car into some trees. Ellie was amazingly unhurt by the car crash. Rob took a tire iron and tried to bludgeon Ellie to death in her car. At that point a police car came rushing on the scene with its light and sirens blaring. The police car saw the predicament that Ellie was in and did the only thing it supposedly could to save her. The car rammed Rob out of the way. Rob got two broken legs. Police officers are allowed to use deadly force to protect themselves or others from use of deadly physical force. This is an example of that permission. Laws In the end Rob Westerfield was convicted of the murder of a second person and the attempted murder of Ellie Cavanaugh. He got consecutive sentences and will not get out of jaill for113 years. I say that this outcome pleases me even though it is a fiction book. It seems that the attorney for Rob Westerfield bribed Will Nebels, the man who claimed to have seen another man go into the garage, to make the story. The attorney is now a disbarred attorney who is serving his own sentence for that little fiasco. ABA rules
Thursday, December 10, 2009
Law Experience Blog
I found the time to do my court experience over the Thanksgiving weekend. I looked online to find the court times for both the federal and state courts. The state courts looked really hurried . The schedule for the state court looked like a case was given only five minutes before the next case came up. I decided that that was not conducive to my learning experience since I would not know what was going on before the next case came up. I then looked at the federal court schedules. They looked like they were longer and actually had something interesting going on. I printed out the docket entry order for the case I was going to see.
I a little trouble finding the U.S. District Courthouse on Fort Street. A guard met me at the entrance to the parking lot. He asked me what my business was and if I had identification on me. I showed him my ID and told him that I came to see a case. The guard told me to ask the people inside for information on where the case would be taking place. Inside the building I had to go through security just like at the airports. The guards inside X-rayed my purse and I went through a metal detector. It was surprising at first the security measures that were the apparent standard. My mom enlightened me to the reasons for the strict security. Apparently a few disgruntled parties have felt that justice had not been served to their satisfaction and decided to take matters into their own hands. The results were disastrous and a few people were injured. I know see that the tight security is reasonable and preventative.
I was a few minutes early to the courtroom where the case was to be in. There were a few people outside the courtroom talking to each other. They asked me my purpose and I told them that I came to observe the law in action. They informed me that the case I had decided to see wouldn't be very interesting since the case would be moved into the council chambers where the public was not allowed to watch. The people told me of the bankruptcy courtroom downstairs. I went to that courtroom instead.
Upon entering the courtroom I found that I was the worst dressed person in the room. Everyone else was in suits or business attire. I was wearing jeans and a Old Navy sweater. When the judge entered the room, a secretary of some sort called out "All rise for Honorable Terry L. Meyers!" It was only when the judge sat that everyone else sat down. It was a little intimidating and I guess it is an example of charismatic authority though not for the Supreme Court. There was no jury.
The first case to be heard was between the Internal Revenue Service and a construction company. It was an emergency motion to move back the date of the next hearing. The defendant was ill and could not be there but knew of what was going on. The company had their payroll taxes in a lump sum and did not have specific details that the IRS wanted. There was also a representative from Wells Fargo there who said that the bank did not have any objections to the motion. The judge granted the motion right then and there.
The second case was quite a bit longer than the first which probably took ten minutes. It was apparent to me that this was not the first time the judge had seen this case before and the basic details had already been gone over. This time they were just going over every excruciating detail. It was confusing since I hadn't read the affidavits that the defense and prosecutors had submitted to the judge. The judge had problems with the affidavits submitted. He did not like that the case was because he wanted specific details not summarizations of the case. I liked the judge from the beginning because of the language he used. He stated, "I know both sides have had some trippage at the beginning." The defense said they had not known that a new law that had been introduced. The judge said he would not award fines for the mistakes.
The defense lawyer looked real young and showed his inexperience with his choice of words. He specifically said "You can basically kinda conceive that the defendant was insolvent at the time of payment." The judge called him on that statement. "It is either is or it isn't. There is no basically kinda." I liked this comment a lot.
Before the case began a guard came in and closed the doors. He wasn't young and looked quite old. He had an earpiece in as well. He was replaced by another guard who was about the same age as the first. I would think that if a confrontation started a stronger, younger man would be needed to stop the fighting not a man who looks like he should be in retirement.
It was really boring and confusing. I did not know what the problem was and there was no one to ask without being rude. I recognized a few words that sounded like they were legal terms. "Reasonable equivalent value," "indirect v. direct benefit," and "but for __ actions no harm would have been done." I think the case was talking about whether someone got paid for their services and if it was enough. There was also a complication of the significant passage of time. Apparently the plaintiff got paid by a different person than the person who owed him. I also noticed the prosecution went first, then the defense but there wasn't any cross examination of witnesses. I think I heard it called a summary judgment hearing. I don't know what that is. In the end I think I could done without the boredom, the cold, and the cold. I don't think I will go to court again unless it is something really interesting that deals with civil rights.
I a little trouble finding the U.S. District Courthouse on Fort Street. A guard met me at the entrance to the parking lot. He asked me what my business was and if I had identification on me. I showed him my ID and told him that I came to see a case. The guard told me to ask the people inside for information on where the case would be taking place. Inside the building I had to go through security just like at the airports. The guards inside X-rayed my purse and I went through a metal detector. It was surprising at first the security measures that were the apparent standard. My mom enlightened me to the reasons for the strict security. Apparently a few disgruntled parties have felt that justice had not been served to their satisfaction and decided to take matters into their own hands. The results were disastrous and a few people were injured. I know see that the tight security is reasonable and preventative.
I was a few minutes early to the courtroom where the case was to be in. There were a few people outside the courtroom talking to each other. They asked me my purpose and I told them that I came to observe the law in action. They informed me that the case I had decided to see wouldn't be very interesting since the case would be moved into the council chambers where the public was not allowed to watch. The people told me of the bankruptcy courtroom downstairs. I went to that courtroom instead.
Upon entering the courtroom I found that I was the worst dressed person in the room. Everyone else was in suits or business attire. I was wearing jeans and a Old Navy sweater. When the judge entered the room, a secretary of some sort called out "All rise for Honorable Terry L. Meyers!" It was only when the judge sat that everyone else sat down. It was a little intimidating and I guess it is an example of charismatic authority though not for the Supreme Court. There was no jury.
The first case to be heard was between the Internal Revenue Service and a construction company. It was an emergency motion to move back the date of the next hearing. The defendant was ill and could not be there but knew of what was going on. The company had their payroll taxes in a lump sum and did not have specific details that the IRS wanted. There was also a representative from Wells Fargo there who said that the bank did not have any objections to the motion. The judge granted the motion right then and there.
The second case was quite a bit longer than the first which probably took ten minutes. It was apparent to me that this was not the first time the judge had seen this case before and the basic details had already been gone over. This time they were just going over every excruciating detail. It was confusing since I hadn't read the affidavits that the defense and prosecutors had submitted to the judge. The judge had problems with the affidavits submitted. He did not like that the case was because he wanted specific details not summarizations of the case. I liked the judge from the beginning because of the language he used. He stated, "I know both sides have had some trippage at the beginning." The defense said they had not known that a new law that had been introduced. The judge said he would not award fines for the mistakes.
The defense lawyer looked real young and showed his inexperience with his choice of words. He specifically said "You can basically kinda conceive that the defendant was insolvent at the time of payment." The judge called him on that statement. "It is either is or it isn't. There is no basically kinda." I liked this comment a lot.
Before the case began a guard came in and closed the doors. He wasn't young and looked quite old. He had an earpiece in as well. He was replaced by another guard who was about the same age as the first. I would think that if a confrontation started a stronger, younger man would be needed to stop the fighting not a man who looks like he should be in retirement.
It was really boring and confusing. I did not know what the problem was and there was no one to ask without being rude. I recognized a few words that sounded like they were legal terms. "Reasonable equivalent value," "indirect v. direct benefit," and "but for __ actions no harm would have been done." I think the case was talking about whether someone got paid for their services and if it was enough. There was also a complication of the significant passage of time. Apparently the plaintiff got paid by a different person than the person who owed him. I also noticed the prosecution went first, then the defense but there wasn't any cross examination of witnesses. I think I heard it called a summary judgment hearing. I don't know what that is. In the end I think I could done without the boredom, the cold, and the cold. I don't think I will go to court again unless it is something really interesting that deals with civil rights.
Wednesday, December 9, 2009
Ch. 13 Comparative Law: Law in Other Cultures
There was a system of law in preliterate bands and tribes even though it was not formalized through writing. Bands usually have fifty to a hundred people and mostly use hunting and gathering as their source of food. Tribes have several hundred people and a tribal council. They augment their hunting and gathering with some agriculture. Clans are subunits of tribes. Both bands and tribes use self-redress as their method of law. I do not know why I find it funny that those people who are found to be a detriment to the Inuits would be pushed off the ice to drown when no one is looking. It just seems like the perfect karma situation that is ironic. http://www.astronomy.pomona.edu/archeo/alaska/eskimo.html
There are four families of law and they include common law, civil law, socialist law, and islamic law. Common law's basic features are that it is unwritten, it respects precedent, it is adversarial, it uses grand and petit juries, and it uses judicial review. It originated in England during the Norman conquest in 1066 C.E.. It follows the rule of law which is the principle that law, not men, govern and that no one is above the law. The only system of law that does not follow the rule of law is socialist law. It believes that the needs of the state are above the rule of law. This leads to corruption. Absolute power corrupts absolutely in my book.
Civil law has its historical origins in ancient Rome and nineteenth century France and Germany. The author mainly focuses on France's version of civil law so there is no comparison to other systems. Civil law is written, does not officially recognize precedent, is inquisitorial, does not use juries much, and uses judicial review sparingly. In civil law you are guilty until proven innocent. As an American this does not seem fair to me. There is no predictability to this law system without precedent. I think judicial review should be everywhere because it limits the power of the state and creates a balance.
Socialist law originated with Karl Marx's principles in the Russian Revolution. With the creation of the Union of Soviet Socialist Republics (USSR) Marx's principles became the foundation for a country. It is now practiced in China, North Korea, Vietnam, and Cuba. We had several encounters with socialist states such as these because of the differences between the two systems of law and economies. Socialist law is not judge-made law and is codified by an authority not by tradition. In the end the system of law is seen as a temporary anachronism devoted to its own demise. I find this statement to be ironically funny because the Soviet Union dissolved and lived up to its own demise as prophesied by Marx.
Islamic law is the harshest I have seen. Its basic feat
ures consist of it being god-made law written down in the Koran and the Sunna. It is a hybrid of the inquisitorial and adversarial systems. Islamic believes that law oversees all behavior. This system has purely individualized justice and judicial review is limited to certain crimes only. Islamic law originated the Middle Eastern countries and has spread to Northern Africa, Pakistan, and Bangladesh. The punishments for Hadd crimes are quite severe and have mandated punishments as defined by God in the Koran. Hadd crimes include adultery (death), fornication (80 lashes), false accussatioin of fornication and adultery (100 lashes), alcohol consumption (whipping, death possible on third offense), apostasy (death), theft (amputation of hand), robbery (amputation of hand and alternate foot). Those punishments are quite severe to me.
There are four families of law and they include common law, civil law, socialist law, and islamic law. Common law's basic features are that it is unwritten, it respects precedent, it is adversarial, it uses grand and petit juries, and it uses judicial review. It originated in England during the Norman conquest in 1066 C.E.. It follows the rule of law which is the principle that law, not men, govern and that no one is above the law. The only system of law that does not follow the rule of law is socialist law. It believes that the needs of the state are above the rule of law. This leads to corruption. Absolute power corrupts absolutely in my book.
Civil law has its historical origins in ancient Rome and nineteenth century France and Germany. The author mainly focuses on France's version of civil law so there is no comparison to other systems. Civil law is written, does not officially recognize precedent, is inquisitorial, does not use juries much, and uses judicial review sparingly. In civil law you are guilty until proven innocent. As an American this does not seem fair to me. There is no predictability to this law system without precedent. I think judicial review should be everywhere because it limits the power of the state and creates a balance.
Socialist law originated with Karl Marx's principles in the Russian Revolution. With the creation of the Union of Soviet Socialist Republics (USSR) Marx's principles became the foundation for a country. It is now practiced in China, North Korea, Vietnam, and Cuba. We had several encounters with socialist states such as these because of the differences between the two systems of law and economies. Socialist law is not judge-made law and is codified by an authority not by tradition. In the end the system of law is seen as a temporary anachronism devoted to its own demise. I find this statement to be ironically funny because the Soviet Union dissolved and lived up to its own demise as prophesied by Marx.
Islamic law is the harshest I have seen. Its basic feat
ures consist of it being god-made law written down in the Koran and the Sunna. It is a hybrid of the inquisitorial and adversarial systems. Islamic believes that law oversees all behavior. This system has purely individualized justice and judicial review is limited to certain crimes only. Islamic law originated the Middle Eastern countries and has spread to Northern Africa, Pakistan, and Bangladesh. The punishments for Hadd crimes are quite severe and have mandated punishments as defined by God in the Koran. Hadd crimes include adultery (death), fornication (80 lashes), false accussatioin of fornication and adultery (100 lashes), alcohol consumption (whipping, death possible on third offense), apostasy (death), theft (amputation of hand), robbery (amputation of hand and alternate foot). Those punishments are quite severe to me.
Ch. 13 Vocabulary
Song Duel: method of restoring peace among the Eskimo (Inuit) peoples by the perpetrator of a crime and the victim hurling singsong insults at one another.
Corpus Juris Civilis: Roman legal code also known as the Code of Justinian
Code Civil des Francais: also known as the Napoleonic Code. Became the blueprint for all subsequent civil law codes
Inquisitorial System: investigatory criminal justice system characterized by cooperation between all parties in an effort to reach the truth
Conseil Constitutionnel: France's constitutional court determining constitutionality of proposed legislation only.
Cour de Cassation: France's highest appeals court hearing criminal cases
Crimes: major offenses for which the penalty can be from five years to life imprisonment
Assize court: French court in which the most serious crimes are tried
Delicts: in the French criminal justice system, delicts are similar to the less serious felonies in the American system. They carry a maximum penalty of up to five years in prison and are tried in correctional court
Police court: lowest-level French trial court for crimes with maximum penalty of two months in jail
Socialist law: system of law based on Marxist principles and developed in the former Soviet Union. Socialist law subordinates the rule of law to the requirements of the state
Ch'ing Code: early (1646) Chinese law code containing many statutes and offenses
Principle of Analogy: Chinese legal principle allowing for punishment of acts not specified by criminal codes but which are "analogous" to them
People's Mediation Committees: community of individuals organized in work and neighborhood groups to ensure rule conformity
Collegial Bench: compromises one to three professional judges and two to four lay people's assessors who sit in judgment of Chinese individuals accused of serious crimes
Supreme People's Court: China's highest-level court. Deals with important national matters and appeals from lower courts
Higher People's Court: Chinese court analogous to an American state supreme court
Intermediate People's Court: Chinese court that carries out the same functions as the higher people's court at the prefecture (multicounty) level. The major difference is that it is a court of original jurisdiction for cases involving serious crimes such as murder and rape
Basic People's Court: Chinese court analogous to American district (felony) court
Islamic Law: a theocratic system of law based on the Qur'an, the Sunna, and Shari'a
Sunna: companion book to the Qur'an containing numerous moral precepts relating to all aspects of Islamic life
Qadi: (Khadi) islamic judge
Hadd Crimes: (plural, Huddud) Islam' most serious crimes with mandated punishments as defined by God
Quesas: in Islamic law, serious non-Hadd crimes for which punishment is not prescribed in the Qur'an, Islam's holy book
Ta'azir Crimes: in Islamic law, minor crimes for which punishment is discretionary and lenient by Islamic standards
Musta'galah: type of court in Islamic law that hears minor (ta'azir) offenses
Kubra: the high court in Islamic law that hear serious (Hadd) offenses
Declaration of the Rights of Man and of the Citizen: revolutionary document integrated into the French Constitution
International Court of Justice: also known as the World Court, it is the judicial body of the United Nations. Deals with legal disputes among United Nations member states
Corpus Juris Civilis: Roman legal code also known as the Code of Justinian
Code Civil des Francais: also known as the Napoleonic Code. Became the blueprint for all subsequent civil law codes
Inquisitorial System: investigatory criminal justice system characterized by cooperation between all parties in an effort to reach the truth
Conseil Constitutionnel: France's constitutional court determining constitutionality of proposed legislation only.
Cour de Cassation: France's highest appeals court hearing criminal cases
Crimes: major offenses for which the penalty can be from five years to life imprisonment
Assize court: French court in which the most serious crimes are tried
Delicts: in the French criminal justice system, delicts are similar to the less serious felonies in the American system. They carry a maximum penalty of up to five years in prison and are tried in correctional court
Police court: lowest-level French trial court for crimes with maximum penalty of two months in jail
Socialist law: system of law based on Marxist principles and developed in the former Soviet Union. Socialist law subordinates the rule of law to the requirements of the state
Ch'ing Code: early (1646) Chinese law code containing many statutes and offenses
Principle of Analogy: Chinese legal principle allowing for punishment of acts not specified by criminal codes but which are "analogous" to them
People's Mediation Committees: community of individuals organized in work and neighborhood groups to ensure rule conformity
Collegial Bench: compromises one to three professional judges and two to four lay people's assessors who sit in judgment of Chinese individuals accused of serious crimes
Supreme People's Court: China's highest-level court. Deals with important national matters and appeals from lower courts
Higher People's Court: Chinese court analogous to an American state supreme court
Intermediate People's Court: Chinese court that carries out the same functions as the higher people's court at the prefecture (multicounty) level. The major difference is that it is a court of original jurisdiction for cases involving serious crimes such as murder and rape
Basic People's Court: Chinese court analogous to American district (felony) court
Islamic Law: a theocratic system of law based on the Qur'an, the Sunna, and Shari'a
Sunna: companion book to the Qur'an containing numerous moral precepts relating to all aspects of Islamic life
Qadi: (Khadi) islamic judge
Hadd Crimes: (plural, Huddud) Islam' most serious crimes with mandated punishments as defined by God
Quesas: in Islamic law, serious non-Hadd crimes for which punishment is not prescribed in the Qur'an, Islam's holy book
Ta'azir Crimes: in Islamic law, minor crimes for which punishment is discretionary and lenient by Islamic standards
Musta'galah: type of court in Islamic law that hears minor (ta'azir) offenses
Kubra: the high court in Islamic law that hear serious (Hadd) offenses
Declaration of the Rights of Man and of the Citizen: revolutionary document integrated into the French Constitution
International Court of Justice: also known as the World Court, it is the judicial body of the United Nations. Deals with legal disputes among United Nations member states
Sunday, December 6, 2009
Ch. 12 Racial Minorities and the Law
"For the law to be legitimate it must enjoy the united and consenting will of all [not just the majority]"--Immanuel Kant
This chapter mostly talks about the injustices done to African Americans, Native Americans, and those peoples of Asian decent. It does not talk about the the hardships that Irish and other white peoples had to endure. When the Irish immigrated to the United State they were looking for a place that was free of prejudices and a chance to become successful. Although it was not as bad as that of the Native Americans or African Americans it was still there. A few came for the American dream and other came because of the potato famine in Ireland. The American dream is the idea that anyone of any rank can achieve a better, richer, and happier life through hard work and dedication. Usually the Irish worked at the most menial jobs but then worked their way up through the social strata. Sometimes they were discriminated against because of their Catholic religion and other times for their bad living conditions upon first entering the United States. Between 1820 and 1860 about a third of the work force of the United States was Irish. Now most everyone I know has some Irish blood in them. Persecution
My dad owns a piece of land in Banks, Idaho. Banks is right next to the Payette River. The land is about 800 acres. It is a homestead. It used to be called Indian Ranch but is now called Dry Buck Ranch. My father told me that a long time ago a tribe of Native Americans used to live there. He said that they were called the Sheepeater Indians. He also said that they hid out there when the white men were trying to hunt them down. Every once and a while you'll find arrowheads that indicate that what he is telling is true. My mother raised a question. If the government decides to give the Native Americans back some of their ancestral lands would that property be considered part of that exchange. I guess it could be and that we would lose the property. This has made me think.
I find it horrible that all these horrible things happened to the Indians and the slaves. My ancestors may even have played a part in events described in the book. It makes me angry and a little sad that it happened. I have to remind myself that I personally had nothing to do with those ghastly events.
This chapter mostly talks about the injustices done to African Americans, Native Americans, and those peoples of Asian decent. It does not talk about the the hardships that Irish and other white peoples had to endure. When the Irish immigrated to the United State they were looking for a place that was free of prejudices and a chance to become successful. Although it was not as bad as that of the Native Americans or African Americans it was still there. A few came for the American dream and other came because of the potato famine in Ireland. The American dream is the idea that anyone of any rank can achieve a better, richer, and happier life through hard work and dedication. Usually the Irish worked at the most menial jobs but then worked their way up through the social strata. Sometimes they were discriminated against because of their Catholic religion and other times for their bad living conditions upon first entering the United States. Between 1820 and 1860 about a third of the work force of the United States was Irish. Now most everyone I know has some Irish blood in them. Persecution
My dad owns a piece of land in Banks, Idaho. Banks is right next to the Payette River. The land is about 800 acres. It is a homestead. It used to be called Indian Ranch but is now called Dry Buck Ranch. My father told me that a long time ago a tribe of Native Americans used to live there. He said that they were called the Sheepeater Indians. He also said that they hid out there when the white men were trying to hunt them down. Every once and a while you'll find arrowheads that indicate that what he is telling is true. My mother raised a question. If the government decides to give the Native Americans back some of their ancestral lands would that property be considered part of that exchange. I guess it could be and that we would lose the property. This has made me think.
I find it horrible that all these horrible things happened to the Indians and the slaves. My ancestors may even have played a part in events described in the book. It makes me angry and a little sad that it happened. I have to remind myself that I personally had nothing to do with those ghastly events.
Friday, December 4, 2009
Ch. 12 Vocabulary
Missouri Compromise: an act admitting Missouri into the union as a slave state but restricting the spread of slavery in certain other areas of the Louisiana Purchase territories (1820)
Kansas-Nebraska Act: repealed the Missouri Compromise and opened up areas of the West to slavery (1854)
Emancipation Proclamation: executive proclamation issued in 1862 and in 1863 by Abraham Lincoln, freeing all slaves in the United States
Reconstruction: a period of reestablishment and reorganization of the of the seceded southern states after their defeat in the Civil War
Freedman's Bureau: during the reconstruction, Bureau set up by the federal government to provide former slaves with food, clothing, schools, and other requirements. Sometimes land from confiscated or abandoned land
Black Codes: various legal codes enacted by the Southern states to control, restrict, and inhibit the movements and behavior of ex-slaves
Jim Crow Laws: any state or federal laws that enforced the segregation of the races in various areas of American life
Racism: a belief in the innate inferiority of persons of another race and discriminatory behavior consistent with that belief
NAACP: National Association for the Advancement of Colored People, founded in 1910 by W. E. B. DuBois to advance the causes of African Americans
Civil Rights Act of 1964: sweeping Congressional act that ensured civil, political, and social rights for blacks
Voting Rights Act of 1965: act providing federal supervision of voter registration sites and prohibiting the use of literary tests
Cold War: period from the end of World War II to 1989. A propaganda war "fought" largely between the United States and the Soviet Union
Northwest Ordinance: provided for a survey of the Northwest Territories and gave the U.S. Congress rather than the states the sole right to trade with Indians
Treaty of Fort Pit: first treaty made with the Indians. It implicitly recognized the sovereignty of the Indian nations and assured them that the United States had no designs on Indian lands
Marshall Trilogy: three Supreme Court cases that defined the legal status of Native American sovereignty
Discovery Doctrine: Justice Marshall's doctrine asserting white sovereignty over the Indians by virtue of being heir to the European power that "discovered" America
Indian Removal Act: Congressional act mandating the removal of all Indians in the Southeastern states to "Indian territory" (now the state of Oklahoma)
Assimilation Period: period in which the U.S. government attempted to integrate the Indians into white society by "civilizing" and "Christianizing" them
Bureau of Indian Affairs: (BIA) agency responsible for all aspects of Indian life, especially during the assimilation period
Major Crimes Act:
General Allotment Act: (Dawes Act) act dividing up reservation lands into allotments given to individual Indians, as part of the assimilation process
Indian Citizenship Act: act granting U.S. citizenship to Indians in 1924
Indian Reorganization Act: a 1934 act that ended the practice of cultural genocide, and encouraged Indians to revive their languages, religions, and customs
Termination: policy aimed at terminating federal supervision of Indian tribes in the 1950's
Indian Self-Determination Act: (SDA) a 1975 act ending the termination policy of the 1950's
American Indian Movement: (AIM) radical activist Indian organization founded in 1968
Chinese Exclusion Act: an 1882 act barring Chinese from immigrating to the United States
Kansas-Nebraska Act: repealed the Missouri Compromise and opened up areas of the West to slavery (1854)
Emancipation Proclamation: executive proclamation issued in 1862 and in 1863 by Abraham Lincoln, freeing all slaves in the United States
Reconstruction: a period of reestablishment and reorganization of the of the seceded southern states after their defeat in the Civil War
Freedman's Bureau: during the reconstruction, Bureau set up by the federal government to provide former slaves with food, clothing, schools, and other requirements. Sometimes land from confiscated or abandoned land
Black Codes: various legal codes enacted by the Southern states to control, restrict, and inhibit the movements and behavior of ex-slaves
Jim Crow Laws: any state or federal laws that enforced the segregation of the races in various areas of American life
Racism: a belief in the innate inferiority of persons of another race and discriminatory behavior consistent with that belief
NAACP: National Association for the Advancement of Colored People, founded in 1910 by W. E. B. DuBois to advance the causes of African Americans
Civil Rights Act of 1964: sweeping Congressional act that ensured civil, political, and social rights for blacks
Voting Rights Act of 1965: act providing federal supervision of voter registration sites and prohibiting the use of literary tests
Cold War: period from the end of World War II to 1989. A propaganda war "fought" largely between the United States and the Soviet Union
Northwest Ordinance: provided for a survey of the Northwest Territories and gave the U.S. Congress rather than the states the sole right to trade with Indians
Treaty of Fort Pit: first treaty made with the Indians. It implicitly recognized the sovereignty of the Indian nations and assured them that the United States had no designs on Indian lands
Marshall Trilogy: three Supreme Court cases that defined the legal status of Native American sovereignty
Discovery Doctrine: Justice Marshall's doctrine asserting white sovereignty over the Indians by virtue of being heir to the European power that "discovered" America
Indian Removal Act: Congressional act mandating the removal of all Indians in the Southeastern states to "Indian territory" (now the state of Oklahoma)
Assimilation Period: period in which the U.S. government attempted to integrate the Indians into white society by "civilizing" and "Christianizing" them
Bureau of Indian Affairs: (BIA) agency responsible for all aspects of Indian life, especially during the assimilation period
Major Crimes Act:
General Allotment Act: (Dawes Act) act dividing up reservation lands into allotments given to individual Indians, as part of the assimilation process
Indian Citizenship Act: act granting U.S. citizenship to Indians in 1924
Indian Reorganization Act: a 1934 act that ended the practice of cultural genocide, and encouraged Indians to revive their languages, religions, and customs
Termination: policy aimed at terminating federal supervision of Indian tribes in the 1950's
Indian Self-Determination Act: (SDA) a 1975 act ending the termination policy of the 1950's
American Indian Movement: (AIM) radical activist Indian organization founded in 1968
Chinese Exclusion Act: an 1882 act barring Chinese from immigrating to the United States
Thursday, December 3, 2009
Ch. 11 Women and the Law
There are many controversies that are associated with women and the law. There are many theories associated with this issue. History proves that society was mostly patriarchal and oppressive of women. Feminism has taken a stances in the way law is applied to women. There are the radicals that say the whole legal system has to be thrown out to be replaced by one that contains no bias. On the other side there are those who believe that the current system just needs to be tweaked a little. Another debate goes on about the sameness and difference of the sexes. The sameness theory wants women to be treated as equals to men in all categories. The difference hypothesis says that women should be treated differently based on relevant differences. The compromise between sameness and difference theories in the court of law is that law must accept relevant gender differences, but that it should no focus on the differences per se, but rather on their consequences.
Historically there have been witch hunts. The females that were accused of witchcraft were generally those who were more well educated beyond their female counterparts or who spoke their minds. My family has had to deal with this issue. My great umpteenth grandmother was accused of being a witch. Her name was Rebecca Addington Chamberlain. She was seventy years old when she was thrown in jail. The jails of those times were not known to be nice places. The accused witches were "questioned" or rather tortured to figure out if they would confess. Half the time the accused died during the questioning. Rebecca died in jail before her trial began.
Law Procedure
Some claim that women are too emotional, subjective rather than objective, and lack the requisite logical capacity for law practice. Today, the modern television shows seem to promote women lawyers as either ambitious or as having an agenda. This is in contrast to the portrayal of male lawyers that have a whole spectrum of good and bad. There are probably still some people that believe that women are still not capable of practicing law.
I found that the quote that came from Apostle Paul is out of context. It says that women were made to be companions to men not their slaves. That is how I see it. Bible verse
Historically there have been witch hunts. The females that were accused of witchcraft were generally those who were more well educated beyond their female counterparts or who spoke their minds. My family has had to deal with this issue. My great umpteenth grandmother was accused of being a witch. Her name was Rebecca Addington Chamberlain. She was seventy years old when she was thrown in jail. The jails of those times were not known to be nice places. The accused witches were "questioned" or rather tortured to figure out if they would confess. Half the time the accused died during the questioning. Rebecca died in jail before her trial began.
Law Procedure
Some claim that women are too emotional, subjective rather than objective, and lack the requisite logical capacity for law practice. Today, the modern television shows seem to promote women lawyers as either ambitious or as having an agenda. This is in contrast to the portrayal of male lawyers that have a whole spectrum of good and bad. There are probably still some people that believe that women are still not capable of practicing law.
I found that the quote that came from Apostle Paul is out of context. It says that women were made to be companions to men not their slaves. That is how I see it. Bible verse
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