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Lecture 4

CRM/LAW C7 Lecture Notes - Lecture 4: Bench Trial, Thirteenth Amendment To The United States Constitution, Fourteenth Amendment To The United States Constitution


Department
Criminology, Law and Society
Course Code
CRM/LAW C7
Professor
Terry Dalton
Lecture
4

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Week 4 Other Material
Topics
Reconstruction Amendments, Judicial Review Introduction, Crime Opportunities
Chapter 7-8 Bogira
--Public defenders and their workload (100+ cases at a time, including your own)
California was the first state with the public defender’s office was established in California in
1913 in LA
Despite the sixth Amendment right to a jury trial, in 1920 the Illinois state Supreme Court
decided the felony cases could be heard by Judge only. This is known as a bench trial, a trial to a
judge, no jury
Stipulated bench Trials occurs when the state won’t reduce a charge the judge thinks should be
reduced. The two sides then go through the motions of a trial as rapidly as possible substituting
actual testimony with the capsuled stipulations of what they believe witnesses would say. The
judge informs the defendant of results ahead of time. This takes about three minutes
--These are called stip benches at 26th street
13th, 14th and 15th Amendments to the U.S. Constitution
AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th
amendment.
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the
party shall have been duly convicted, shall exist within the United States, or any place
subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
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--Used to uphold the civil rights legislation
--Private jails (taken out of the hands of the government justice system and into the hands of
private companies for profit)
--pays inmates minimum wage vs. government payment ($1/hr)
--private prisons do not report everything (on average more horror stories as opposed to
govt. run prisons)
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th
amendment.
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2.
Representatives shall be apportioned among the several States according to their respective
numbers, counting the whole number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of electors for President and Vice-
President of the United States, Representatives in Congress, the Executive and Judicial officers
of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age,* and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime, the basis of representation
therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-
President, or hold any office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an officer of the United
States, or as a member of any State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, shall have engaged
Hotels because you bank something Review it rate it in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-
thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized by law, including debts
incurred for payment of pensions and bounties for services in suppressing insurrection or
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rebellion, shall not be questioned. But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or rebellion against the United
States, or any claim for the loss or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void.
Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of
this article.
*Changed by section 1 of the 26th amendment.
--identical to the 5th amendment in regards to states
--states are able to take away rights of people (i.e. right to vote)
AMENDMENT XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.
Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the
United States or by any State on account of race, color, or previous condition of
servitude
--voting based on socio-economical issues
--those who are “poor” are more unlikely to vote, thus leaving the decision to those
with money
Section 2.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this
article.
Judicial Review
Court has power to examine the law to decide if it is constitutional.
The constitution doesn’t provide for this review
Marbury versus Madison 1803.
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