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Description
Flashcards by Lillian Mehler, updated more than 1 year ago
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Created by Lillian Mehler
over 9 years ago
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| Question | Answer |
| Verdugo Urquidez: | Illegal search, Judge O'connor's (majority opinion): if non american, receives non american rights. |
| INS v. Delgado | exclusionary rule does not apply when it comes to deportation |
| Brignoni-Ponce (1975): | Permanent checkpoints are different than roaming patrols. Mexican looking cannot be the defined factor for stopping but can be one of the factors. |
| Martinez-Fuerte: | defines the standard for fixed checkpoints |
| Yik-Whool: | San Francisco makes law that intentionally but indirectly affects chinese immigrants, case establishes that non-citizens have the rights of american citizens. |
| Woody v. INS: | defines the standard for deportation. It’s less strict than a criminal but more strict than civil cases. |
| Thomas v. INS: | plead guilty to criminal charges in exchange for protection from deportation. Was deported after. the 19th circuit court (only) says that if one branch of government makes a promise, others must comply. |
| San Pedro: | same idea as Thomas, but 11th circuit says that protection from deportation was done made by someone without such authority, and therefore deportation was legal. Case was less extreme (only conspiracy charge, not drug charge) |
| Hernandez v. Texas (1950): | Defines that Mexicans are white, therefore not a secondary class. outlaws discrimination. Compares to Brown v. Board of Education challenged the black/white binary (connects to People v. hall). Extends the 14th amendment officially to Latinos |
| Strauder v. W.Virginia: | you cannot exclude someone from jury based on Race. |
| Hernandez v. New York: | Spanish speaking member were excluded from jury pool, first time that the race-based exclusion applied to latinos, since before they were viewed as white. |
| Batson v. Kentucky: | Must prove that peremptory exclusion was NOT random in order to apply hernandez v. new york. (i.e. all the excluded jury member were mexican) |
| Ian Hancey-Lopez: | (defines common sense racism) East LA-13 high school walkouts trial. Grand Jury was indicted by Brown Buffalo (Acosta) Although the judges who picked the grand jury did not do so based on race, they all picked member they thought would be “qualified” juror which meant they were “people like me” and that was racist against mexicans, unintentionally |
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