CRIM 406 Lecture 3: crim 406 the constitution and family law week 3 notes

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CRIM 406
WEEK 3 THE CONSTITUTION AND FAMILY LAW NOTES
U.S Constitution
supree la of the lad – all laws must agree with the Constitution
3 parts (preamble, articles, amendments)
7 articles
o branches, states . federal, aedets, supree la ad approval
(ratification)
27 amendments first  are the Bill of Rights
First amendment
congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances
includes four rights:
1. freedom of religion
2. freedom of speech
3. freedom of press
4. freedom of assembly
establishment clause government cannot establish or have an official religion
Legal Non-intervention
Griswold v. Connecticut
o U.S. Supreme Court (1965)
Facts: Griswold is ED at Planned Parenthood; Buxton is Medical Director;
doctors were prescribing contraceptives for married persons which was
against the law
o La i Coetiut: Any person who uses any drug, medicinal article or
instrument for the purpose of preventing conception shall be fined not less than
fifty dollars or imprisoned not less than 60 days nor more than one year or be
fined and imprisoed or oth.
o A perso ho assists, aets, ousels, auses, hires, or oads aother to
commit any offense may be prosecuted and punished as if he were the principal
offeder.
Trial court in connecticut: found guilty and fined $100
Appellate court in connecticut: affirmed conviction
Supreme court in connecticut: affirmed conviction
Appealed to the U.S. Supreme Court alleging constitutional violation
What does the U.S. Supreme Court say?
o the first aedet has a peura here pria is proteted from
goeretal itrusio.
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U.S. Supreme Court: unconstitutional
Created/foud zoe of pria for arital relatioships
Constitutional Underpinnings
Eisenstadt v. Baird (1972)
Eisenstadt was the Sheriff of a county in MA
William Baird was lecturing at Boston University
During the lecture, Baird showed contraceptive items and gave an unmarried woman a
package of vaginal foam (2 different counts of crimes)
Both of these acts were illegal
Baird was convicted and appealed to MA Supreme Judicial Court who overturned
showing of the items as in violation of the first amendment
Upheld the conviction for giving the foam
Appealed to Federal Court of Appeals who vacated the conviction
Sheriff appealed to U.S. Supreme Court
Supreme Court says law is UNCONSTITUTIONAL based on violation of Equal Protection
If a state is going to treat classes of people differently (i.e. married vs. unmarried), must
have a really good reason as to why
State said they had 3 good reasons as to why:
1. Prevent premarital sex
2. Health reasons
3. Want to outlaw contraceptive devices for unmarried
U.S. Supreme Court ruled those are not good enough reasons
1. Premarital sex punishable as misdemeanor and giving contraceptives
punishable as a felony
2. Health reasons illogical to the point of irrational to say that married health
concerns different than unmarried
3. Want to outlaw contraceptive devices for unmarried conflicts with
fudaetal hua right"
U.“. “upree Court epaded this right of pria that the Justies foud i the Bill of
Rights
This decision would become very controversial with some groups saying the Judicial
Branch exceeded their power
Marriage Equality
Same sex marriage
Four ways to Enter into a Legally Recognizable Relationship
1. Cohabitation
2. Other Licensed Institutions: Domestic Partnerships and Civil Unions
3. Common Law Marriage
4. Licensed Marriage
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