CRM/LAW C165 Study Guide - Spring 2018, Comprehensive Midterm Notes - Capital Punishment, Supreme Court Of The United States, Rape
12 Oct 2018
School
Department
Course
Professor
CRM/LAW C165
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Mechanics of the United States Supreme Court
• composition
o 9 Justices (not judges)
o nominated by President, confirmed by Senate
o life tenure
o 1 chief
▪ administers court, but no extra vote
▪ same nomination process as appointment
▪ can be elevated from Associate or appointed from outside
o 8 Associates
▪ seated by seniority
• how do cases reach the Supreme Court?
o writ of certiorari
▪ court will hear the case
o 6,500 writs filed/year
▪ <5% granted
o requires vote of 4 Justices
▪ note strategic implications
o stay of execution requires 5 votes
▪ Clarence Hill case and Chief Roberts
• “Cert. pool”
o Justices (and clerks) share review of cert. petitions
o alternative is for the Justice to review all in his/her own chambers
o 8 Justices in the cert. pool
▪ Stevens in exception
o Justices (and clerks) share review of cert. petitions
o alternative is for the Justice to review all in his/her own chambers
o 8 Justices in the cert. pool
▪ Stevens is exception
• Supreme Court and Death Penalty
o stay of execution require 5 votes
o emergency stays
▪ each justice assigned a circuit
• Puzzler
o questions
▪ Explain what Justice Douglas meant by “if four can grant and the
opposing five dismiss, then the four cannot get a decision of the case on
the merits”
▪ a man named Clarence Hill was executed while the Supreme Court was
preparing to hear his case. Using what you’ve learned, explain how this
can happen.
• Argument
o usually 30 min/side
o attorneys only, no witness, no jury
o justices famously interrupt with sometimes nasty, always difficult question
• deciding cases
find more resources at oneclass.com
find more resources at oneclass.com
o Justices meet on Fridays to discuss cases
o vote in order of reverse seniority, or dispense with formal vote
o 5 votes wins
▪ except w/ recusal
• e.g. Scalia, Cheney & duck hunting
▪ in case of tie, lower court ruling stands
• assignment of cases
o most opinions are authored
o if Chief is in majority, Chief assigned the opinion
▪ opportunity for influence
o if not, senior Associate in majority assigns opinion
▪ Burger, vote-switching
o draft are circulated, votes may change
• types of opinions
o unanimous: 9 votes
o majority: >5
o plurality: <5, but no other position was able to obtain majority
o concurrence: agrees with outcome but for different reasons
o dissent: disagree with outcome
• issuing of opinion
o read aloud in courtroom
▪ at discretion of Justices
o published opinions issues later
▪ sometimes opinions are slightly revised
• Rehnquist Court, 1986-2005
o Scalia, Rehnquist, Thomas
▪ reliable votes to uphold death sentences
o Stevens – part of the plurality in Gregg, now a reliable vote to vacate death
sentences
o Souter, Ginsberg, Breyer
▪ liberal wing
o O’Connor and Kennedy
▪ considered swing votes
• Roberts Court
o Scalia, Thomas, Roberts, Alito
▪ reliable votes to uphold death sentences
o Stevens
▪ part of the plurality in Gregg, now a reliable vote to vacate death sentences
o Souter, Ginsberg, Breyer
▪ liberal wing
o Kennedy
▪ sole swing vote
• Clerks
o 3-4 clerks/Justice
o “Senior” (retired) Justices have 1 clerk
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Souter (bush i); blackmun (nixon); stevens (ford) judicial activism v. judicial restraint: making v. interpreting law, cynical view: politics in disguise. Possessive individualism" and also contemporary media about evil serial killers" or. Certificate of appealability to allow him to even raise this claim supreme. Blacks and women: morgan v. illinois 1992 life qualification juror must be excluded if s/he will automatically vote for death, without regard to mitigating circumstances. Sleeping lawyers: sleeping lawyers (houston, tx, joe frank cannon, 10 clients sentenced to death, calvin burdine, carl johnson, john benn, george mcfarland, appeals courts, burdine, tx. Critical stage of burdine"s trial: victims of murder. Analyst in voter guides as none , unknown, indeterminable, or. Illinois: anthony porter case 48 hours, saved by developmental disability, nearly of ill. capital cases reversed, at one point, 13 dr inmates found innocent, 12 executed, eventually 17 exonerated, 93 reversed sentences, post-gregg, gov.
