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Surveillance midterm part two
Terms in this set (27)
Tennessee vs. Garner
- two consolidated cases against different defendants on the same issue
-Police officer Elton Hymon shot 15 year old boy fleeing possible crime scene over fence
-Hymon admitted there was no evidence to believe he was armed
-Garners father sued seeking damages for Garners constitutional right to the 4th amendment
- DECISION: court initially found that Garner assumed the risks of being shot by recklessly feeling the scene. HOWEVER in revision, the court affirmed the appeal stating that the 4th amendment prohibits the use of deadly force unless its necessary to prevent the escape of a fleeing felon and the officer has probable cause to believe that felon is armed and dangerous to the community around them.
Toy Biz Inc. vs United States
-US court of international trade
- The harmonized Tariff has a higher duty on dolls than those of toys.
- Argued the difference between human like dolls ( american girls) versus Marvels characters like the X-men crew and Fantastic four
-DECISION: the court ruled in favor of Toy Biz Inc.
What is a robot?
- A machine that humans control
- An intelligent system that interacts with the physical environment
What are Isaac Asimov and the three laws of robots
1.) A robot may not harm a human through action or inaction, or allow a human to come to harm
2.) A robot must obey the orders given by human beings, except when such orders conflict with the first law
3.) A robot must protect its own existence as long as it does not conflict with the first and second laws.
What laws matter when it comes to robots?
- 1st amendment: freedom of speech
-4th amendment: right to privacy
-6th amendment: due process
14th amendment: do robots have a right to personhood
Do robots have legal personhood?
-Can a robot represent a person?
-Can we confer rights to a robot?
-When it comes to the law, is the robot a programmable machine
Citizens vs. Federal Elections commissions 2010
Burnwell vs Hobby Lobby 2014
Who is responsible for robots behaviors and dysfunctions?
- When it comes to military drones, do we hold the person controlling the drone responsible or the person who ordered them to use it?
- do we hold the manufacturer responsible for malfunctioning and harming a human?
What is security: theater of war?
- A human must always be in charge as the final decision maker when it comes to using lethal force
-Questions whether or not we should weaponize robots.
Turner vs. Rogers
-Michel Turner was behind on child support when he was brought into the court he represented himself and the court did NOT check as to whether he needed or wanted representation.
-In families court he presented plausible evidence as to why he was unable to work however the judge still found him in contempt and sentenced him to one year in prison.
QUESTION:Do people who can't afford representation and face incarceration for civil contempt have a right to a court appointed representation by the 6th amendment and are protected against going to jail for 'being too poor' by the 14th amendment.
DECISION: 5-4 decision by supreme court reversed and remanded the lower court order in a decision by Justice Stephen Breyer.
Varden vs. City of Clanton 2015
- Christy Varden was arrested an unable to pay her bail and filed a class action lawsuit
-Varden alleged that she was jailed because she was too poor to pay a small about of bail money as automatically required by the city's bail schedule
-QUESTION: did this violate her 14th amendment?
-Case was settled by parties except for the issues of damages
Bearden vs. Georgia
- Petitioner pleaded guilty in Georgia trial to burglary and theft
- Due to Georgia's first offenders Act he was sentenced to probation and to pay fines.
-Petitioner payed the first 200 by borrowing money but soon lost his job and made reasonable attempts to finding a new one with no luck
- He informed the court /probation officer before the fines were due that he would not be able to pay the rest of them
-Due to the fact he could not pay he was sentenced to one year in prison.
QUESTION: Does the equal protection clause of the 14th amendment prohibit the state from revoking his fines and sending him to jail.
What is incarceration nation?
- There are 2.25million people currently incarcerated
- 7.1 million are under some form of criminal justice supervision through incarceration probation or parole.
Why is it expensive to be jailed?
- Court administrative costs ( lawyer)
- courts impose cost on defendants in all 50 states and the district of Columbia
- Questions the INSERT AMENDMENT HERE
What are monetary sanctions?
-LFOs: Legal financial obligations
* until a person has fulfilled their financial sentence, they are under court supervision
What are the justifications of monetary sanctions?
- it is legal because they are viewed as jailed for failing to comply with court order NOT for being poor.
-These sanctions are meant to reimburse victims for lost wages, hospitalization and damage done to their property.
-And as a means beyond the sentence to hold offenders accountable for their behavior and seek societal retribution.
What are indigent defendants?
-Payer per-payment and collection costs on initial sentencing.
- After paying, 'legal debtors' are required to report to the court and explain living and employment circumstances and give court clerks and judge the details of their budgets.
What are the issues around Ferguson: policing or extortion?
- Ferguson PD relied on municipal fees and fines to extract revenue from its poorest residents
United States vs Aguilar
- Aguilar and 22 latino men, woman, and children filed a class action lawsuit against ICE
- ICE agents were illegally conducting searches on illegal and legal citizens without warrants against the 4th amendment
-ICE argued that when the door was opened by the resident that was them giving consent to enter.
-ICE was ordered to pya 1million in damages
What is the crisis in immigration?
-immigration politics are highly politicized
-entrenchment of mass immigrant enforcement
What was Chavez: spectacle of surveillance?
- Minutemen: vigilante border guards were behind the narrative that Latinos were an illegal invading force
-Minutemen helped turn public debate on immigration reform decidedly toward increased border enforcement b\largely through help from media attention for their spectacle performances
-Minutemen used surveillance to produce a spectacle on the border
Why should we care about an Immigration surveillance regime?
-400million entrants and incorporation into broader national surveillance states, especially against latinos and other minorities
-This surveillance is done by the Federal,State, and local governments as well as Private and Non- US actors.
What forms of identification systems are becoming more prevalent?
- Comprehensive screening system that would collect, store, process and share detailed personal information
-Biometric Identifies: fingerprints, facial recognition, Iris scans, DNA collection, Palm prints, Hand vein scans and voice prints.
How does the government use mobility tracking and control to survey its citizens?
-They have increased monitoring over travel and mobility of both citizens and noncitizen
-They have created enhanced storage of detailed records of individual travel histories across multiple databases.
What is information sharing?
-It is an emphasis on interoperability in immigration governance
- It has moved away from single agency surveillance to gather info, to multiple agencies in the DHS
Tanvir vs. Holder
-Muhammad Tanvir, a lawful permanent resident of the United States, from the federal government's No Fly List, and to challenge the FBI's practice of abusing this U.S. government watch list to force American Muslims into serving as informants against their own communities. Mr. Tanvir is one of many individuals whom Federal Bureau of Investigation (FBI) agents have placed on the No Fly List in retaliation for their refusal to work as informants against their communities and to submit to questioning.
-the FBI allegedly have also made comments promising to bring the families of possible informants to the United States and provide monetary compensation to help whomever may need it within their immediate families.
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