Constitutional Law and the Criminal Justice System Ch 5

Ratified in 1865, it abolished slavery

1) Ratified in 1868, Granted citizenship to all persons born or naturalized in the United States

2) also forbids the states to deny their citizens due process of the law or equal protection of the law. -incorporated or made certain provisions of the Bill of Rights applicable to the states.

• Prejudice is an attitude; 
• Discrimination is a behavior

(1856) ruled that a freed slave did not have the right to remain free in a territory where slavery as still legal.

(1896) showed the Court's desire to avoid civil rights issues, declaring discrimination to be outside the realm of the Courts.

Strictly segregated Blacks from Whites "separate but equal" -in schools, restaurants, streetcars, hospitals and cemeteries

• The Equal pay act (1963)
• The Civil Rights acts  (1964)
• The Equal Employment opportunity Act of 1972 
• Title IX of the Education Amendments of 1972 
• - prohibits discrimination based on race, color, religion, sex or national origin in employment and education in public and private sectors at the federal, state and local levels

was created to spread equal opportunity throughout the diverse American population

The equal protection clause prohibits discrimination in jury selection on the basis of race or gender

• a right is a legally protected claim
• whereas a privilege is not necessarily legally protected

cases based on Fourteenth Amendment rights involve equal protection on the basis of race, gender and the availability of facilities and services

the doctrine of selective incorporation holds that only the provisions of the Bill of Rights fundamental to the American scheme of justice are applied to the states through the due process clause of the fourteenth Amendment

he Fifth and Fourteenth Amendments constitutionally guaranteed right of an accused to hear the charges against him or her and to be heard by the court having jurisdiction over the matter; it is the idea that basic fairness must remain part of the process, and it provides rules and procedures to ensure fairness to an individual and to prevent(s) arbitrary actions by government

a constitutional requirement that the government must give the same legal protection to all people; like people must be treated in like ways

an official documentation of observed behavior that may be indicative of intelligence gathering or pre-operational planning related to terrorism, criminal or other illicit intention

a negative attitude regarding a person or a thing

an action or behavior based on prejudice

laws that strictly segregated blacks from whites in schools, restaurants, streetcars, hospitals, and cemeteries

programs created spread equal opportunity throughout the diverse American population

the belief that through hard work anyone can have success and ample material possessions

Giving preferential treatment in hiring and promoting to women and minorities to the detriment of White males

a request to the court to review the evidence and, without a trial, reach a decision to dismiss a case against the movant because there is no dispute of material fact that a jury need resolve

a party making a motion to the courts

intentional acts of employment discrimination based on race, color, religion, sex and nation origin

policies or practices that are not intended to discriminate but, in fact, have a disproportionately negative effect on minorities

Federal law supercedes state law; if a state law stands as n obstacle to the purposes, objectives and execution of the federal law, the supremacy clause preempts the state law

A difference, but one that does not necessarily involve discrimination

describes a situation in which racial minorities are treated more harshly at some points and places in the Criminal justice system, but treated no differently at other points and places

the process of using certain racial characteristics as indicators of criminal activity (such as skin color)

A legally protected claim

A claim that is not legally protected

holds that only the provisions of the bill of rights that are fundamental to the American legal system are applied to the states through the Due process clause of the fourteenth Amendment; also called selective incorporation