Class Notes (807,397)
Canada (492,735)
York University (33,498)
History (957)
HIST 3850 (105)

Lecture Notes.docx

10 Pages
Unlock Document

York University
HIST 3850
Patrick J Connor

Lecture 1: Death Penalty in the USA and Canada before 1867 The Justice System in USA and Canada o In late 1700s the 13 colonies were made of groups of different religions. Georgia for example would punish people by banishing them.  Virginia people who committed a crime would be punished with owing tobacco  Each colonies labour force was made up of slave labour. Highly dependant on slave labour was Maryland, Virginia, North and South Carolina, Georgia, and Florida.  12 million import slaves were brought into the southern colonies.  Slave population began self sustaining. Which did not happen in Caribbean, reproduction did not made up for death. Mainly because labour and abuse was much more difficult American Population, c. 1760 o Virginia/Maryland:312,000(white 189,000(black) o N& S Carolina, Georgia: 119,00(white); 94,000 (black) o South Carolina: 36,000 (white); 57,000 (black) o Slavery also occurred in Canada – Nova Scotia, Québec, Ontario. – But slavery didn’t make a lot of sense because we did not have the climate for large plantations. They would instead work as domestics. o Each 13 colonies shared a common language, until Canada. And they also had a similar geography along the East coast. Which lead to them coming together in 1775 to rebel against British rule. These states wanted to maintain control over everything including individual control over judicial court.  In some cases the federal government would have to step in because the state would not be following the basic rights of the constitution. Political System of the United States o A) House of Representatives – Lower House - 445 members (biggest states have most representative) o B) Senate – Upper House – 2 Senators for each state – 6 year term (Together called congress) o C) Executive branch – the President and his Cabinet – Not members of house or senate (unlike Canada – doesn’t not have a regional section) (Citizens vote for president not member of regional group) o D) Veto – President can override any legislation run by congress. Congress cant try to pass the veto, but they need 2/3 majority. o E) States – 50 states, hold different criminal codes. o F) Criminal Codes – Each state has own criminal code. Criminal Courts Process o In US most criminal offenses are called offenses. o In US misdemeanour for less serious crimes. In Canada called summary …? o In US 3 different levels of police  By Police – larger city police  By County Sheriff – Small rural areas – (all states but two – Sheriffs are elected, if you want to remove a sheriff you need to vote him out)  By State Police – o Federal Government has own policing – FBI – which only carry out federal laws, or if it involves with more than one state. o Appearance - need to make an appearance in court where you are brought before a judge (48hrs) to be charged with a crime o Grand Jury – Decide if there is enough evidence for a trial. (In Canada called preliminary hearing). The reason for grand jury is to keep a limit on prosecutors and make sure they have a good enough case. This is a way for defense to see the evidence (which usually have people confess to guilty) o Arraignment – where it is read out if person is guilty or not guilty. Judiciary o State Courts o Of Limited Jurisdiction – 90% of all courts in US – deal with minor crimes, only impose crimes of $5000 or jail of one year – City Courts o Of General Jurisdiction – More serious cases – Murder. Also able to hear cases from lower level courts o Appeals & Courts of last resort – highest jurisdiction. All states have their own. Usually when constitutional laws have been violated. Usually no Juries, but judges. State Judges are usually elected by popular vote. o Judicial Review – Federal Judiciary o Federal Jurisdictions –  District Court - Each states have at least one district court – usually have more than one judge. – Jury decides on verdict (or of bench trial – only judge will decide). Fewer then 2% are tried in jury decision. Would be a federal grand jury. And a US attorney would be used. They will decide by a vote if it needs to proceed to a trial  Court of Appeals – Also called circuit courts. Current 13 circuit courts, which include more then one state. They near cases that are heard in lower level courts. These judges are not elected but are selected by President and senate confirms the choice.  Supreme Court of the United States – Also selected and confirmed by president and senate. Usually not murder crimes, but people suing the federal government or someone injured in another state. 9 judges who are appointed for life (Canada must retire at 75). o Among people who where supreme court judges at the federal US level were 108 men, and 4 women, up until 1967 they have been all white men. 1984 was when the first women came into power. o Each judge has a number of clerks (usually 4 – law school judge) – there appeals are read by clerks who write summaries, which the judge will then decide to bring it to the other judges. (only need a vote of 4). Hear about 90 cases a year. If there is a tie then they will look for lower courts opinion.  More than 13 colonies in British North America  Economically slavery did not make sense in the Northern part of Canada  USA emerged out of struggles within colonies of different colonial power  Share common language, similar geography and they didn’t have opposition to arbitrary British rule as a result when 13 colonies came together 1875.1880s is criticized political authority, did not trust powerful governments, they ended up gaining control of tradition and criminal law  Individual state important so fought civil war to win over control  Each state had own criminal justice system, with its own rule  Political System of the United States a. House of representatives b. Senate c. Executive d. Veto e. States f. Criminal Codes Federal government worked around mutual benefit, two legislative lobby; house of representatives has 435 members elected over 2 years, there is also a senate two are elected and in 50 states 100 are elected; 6 years, lower house of representatives elected basis on population has 4a has a senate not elected here but appointed and provide regional representations 108 senators; PEI Political representations constructed through British System President has veto to override any legislation passed by congress, need to come up with 2/3 majority 50 different states and has own criminal code and repeated 50 times and slight differences  Ex. Texas 1973 found wife with a lover cheating and husband shot him, it would be considered punishment rather than murder  Canada- most serious crimes are called felonies, called indictable offences  A. arrest  By police  By county sheriff-rural area appointed by mayor or council and can be removed by mayor  By state police  Appearance  Grand jury  arraignment FBI can get involved in murder cases States produced in court within 48 hours; Canada is 24 hours and tried for bail Prosecutor presents a case, has enough evidence to show that the case can be presented for a lengthy period of time Judiciary  state courts  trial courts (limited jurisdiction) 90% of courts in US  general jurisdiction for serious crimes, murder cases are tried  appeals and courts of last resort  judicial review  state judges are appointed are elected federal judiciary federal jurisdictions: district court for each state ex. Florida has 4 each due to population increase courts of appeal Supreme court of the United States Jury decides on verdict; fewer than 2% end up in jury trial Evidence is presented by US attorney or in Canada crown prosecutor State level: grand jury given evidence decides simple majority votes and decides if there is a trial or not 9 circuit courts 1891; since then has grown to 13 168 appeal court judges; like state appeals originated in lower district courts Rejecting judicial nominees rare Supreme court Have jurisdiction over federal criminal law 9 judges-appointed to the bench for life by supreme president- unlike in Canada most judges retire at the age of 75 there is no retirement age Michael Vincent (1828)  Waterloo Township farmer  Tried in Hamilton for killing his wife  Prosecuted by attorney general John Beverly Robinson  Sentenced to death, hanged 2 days later John albert (1882)  City of Toronto police constable  Patrolling High Park/Grenadier Pond on 17 july 1882  Shot 17 year old trespasser Andrew Young  Was shooting intentional? Convicted of murder and sentenced to be detained  Albert sentenced to death  Commuted to life in person 1882-Michael O’Rourke  Casual farmhand for family in Milton, Ont.  Killed Edward Mahar (85) & His daughter Brigit (35)  Confessed, and Hanged  There was no direct evidence  Modern trial: “ Voir dire”(to speak the truth) same arguments for or against or a confession would have been made but jury would have been asked to leave the room first “trial within a trial”  In all cases trial was over in one day  Modern day trial would last 3-4 week Lecture 2: Capital Punishment Roll/Function of Punishment  Incapacitation Keep the society separate from the criminal, symbolic discourse element of denunciation  Denunciation Denounce unacceptable behaviour  specific Deterrence executions were public message sent to society  General Deterrence  Reformation & Habitation Death penalty there is no second chances These are functional approaches of reform Doug Hay ideology, legal historian written about the cri
More Less

Related notes for HIST 3850

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.