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Supreme Court & Criminal Justice - Coggle Diagram
Supreme Court & Criminal Justice
Authority
the law emanates the Supreme Court is the law of the land, and no other judicial or political body can overrule the decisions it makes.
" the judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
Article 3 of the Constitution establishes the authority for the federal judiciary
The Federal Judiciary Act of 1789 established the first Supreme Court .
Jurisdiction
section 2 of Article 3 of the Consitution
the supreme court has jurisdiction over two general types of cases: cases of appeal which reach its level and cases of original jurisdiction
the Supreme Court can overrule itself.
Due process
Substantive due process
requires that laws themselves, in substance, be fair not just how laws are enforced.
due process clause
uphold the guarantees of the Fifth and Fourteenth Amendments procedural safeguards seen in procedural due process, and also protects substantive rights and requires that laws themselves, in substance, be fair.
Enumerated rights
interpretation of the Due Process Clause in ways that applied the fundamental provisions of of the Bill of Rights (enumerated rights) to the states
incorporation
selective approcah
if the right is implicit in the concept o f ordered liberty, it is absorbed into the due process clause and is, therefore, applicable to the states.
total approach
the Fourteenth Amendment should be interpreted that the whole Bill of Rights and all the protections and guarantees therein applicable to the states under the dure process clause
due process clause of the 14th amendment
procedural due process
procedural justice
the idea of being treated fairly during a process or procedure, related to procedural due process.
applies in both criminal and civil arenas, coming into play whenever the government seeks to interfere with a persons liberty or a process interest.
provides procedural safeguards through the Fifth and Fourteenth Amendments; required when the government seeks to deprive a person of life, liberty, or property.
Equal Protection
Discrimination
"differential treatment of groups without reference to an individuals behavior or qualifications"
Using extralegal factors as the basis for action
contextual discrimination
discrimination that occurs in certain parts of the justice system, but not necessarily all parts at all times
Implicit bias
the unintentional subconscious, and automatic sorting and processing of information by the brain which, when combined with a person's history and cultural influences, leads to the formation of associations among groups of people and stereotypes about those groups
Disparity
" Disparity refers to a difference, but one that does not necessarily involve discrimination"
Legal factors
related to an individual's actions, including the seriousness of the offence, aggravating or mitigating circumstances, or prior criminal record.
Extralegal factors
race, ethnicity, gender, social class, and lifestyle factors.
Racial Profiling
the practice of relying "to any degree on race, ethnicity, national origin, or religion in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the investigatory procedure"
Equal Protection Clause of the Fourteenth Amendment
Right
Legally protected claim
Privilege
a claim the is not legally protected
Judicial review
the power of the court to analyze decisions of other government entities and lower courts
allows the courts to pass upon the constitutionality of an action taken by the legislative and executive branches of the government
" We are under the Constitution, but the Constitution is what the judges say it is" - Chief Justice Charles Evans Hughes