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The Supreme Court and Constitutional Guarantees - Coggle Diagram
The Supreme Court and Constitutional Guarantees
Information about the Supreme Court
Jurisdiction of the Supreme Court
Cases that are appealed to the Supreme Court
Cases that began in the Supreme Court
Certiorari
Majority of cases for the Supreme Court go through the process of Certorari
Certiorari is Latin for "to be informed"
One reason the Supreme Court chooses to listen to a case is if it involves conflict among circuit courts
The other reason if there is a legitimate controversy
There can be cases where the lower courts simply give advisory opinions, which the Supreme Court does not do
Topic of Equal Protection under the law
Due Process
Provides rules and procedures to ensure fairness to an individual and prevent arbitrary government actions
Procedural Due Process
This process is required when the Government seeks to deprive a person of life, liberty, and property
If a legitimate interest is not at stake, procedural due process will not apply
Substantive Due Process
Becomes active when a law would get in the way of individual rights
Aim is to also protect characteristics of life, liberty, and property not specifically mentions in the Constitution
Supreme Court Decisions
A written statement explaining the Courts decision
Usually including the legal issues, statements of fact, and any precedents of which the decision is based
Interpretations
There are two simplified principles used by the judges
What sources should the judge employ to interpret the Constituiton
What technique to interpret the constitution
Strict Construction
There is a rigid reading and interpretation of that law
Equal protection in the criminal justice system
Discrimination in Law Enforcement
Happens based on the conscious or unconscious bias of the officer
Implicit bias is the unintentional, subconscious, and automatic sorting and processing of information by the brain which leads to stereotypes about certain groups of people
Racial Profiling is a major part of discrimination in law enforcement
Racial profiling is when an officer is practicing selection of someone based purely off of the color of their skin, religion, or ethnicity and subjecting them to either a routine or spontaneous investigation
Discrimination in courts
An example is when getting a guilty plea, the sentences can be vastly different for others that had pleaded the same charges than the person of color
Discrimination in Corrections
An issue that occurred in the prison system is that prisoners, especially those of color, were being denied their constitutional rights
It was eventually ruled that prisoners could sue their wardens for depriving them of such rights from the constitution
Since most people in America had not seen what prison was like, they did not know the difference between the rights and the privileges of a prisoner
While a right is a legally protected claim, a privilege is not legally protected