U.S. Legal System, Social Dynamics, and Court Processes

Posted on Aug 22, 2025 in Police Sciences and Public Security

California Penal Codes: Homicide & Defenses

Murder

Murder requires malice aforethought; otherwise, it is manslaughter.

  • Express Malice: Deliberate thought and intent to kill.
  • Implied Malice: An abandoned and malignant heart, not provoked.

Degrees of Murder

  • First-Degree Murder: Characterized by:
    • Willful, deliberate, and premeditated intent to kill.
    • Occurring during a dangerous felony (e.g., robbery, rape).
    • Poisoning.
    • Lying in wait.
    • Torture.
    • Drive-by shooting.
    • Use of ammunition designed to penetrate armor.
  • Second-Degree Murder: If malice is present, but none of the specific conditions for first-degree murder apply.

Manslaughter

Unlawful killing without malice aforethought.

  • Voluntary Manslaughter: Killing in a sudden quarrel or heat of passion.
  • Involuntary Manslaughter: Unintentional killing by:
    • A dangerous unlawful act (not a felony).
    • Criminal negligence in performing a lawful act.
    • Failure to perform a legal duty.
  • Vehicular Manslaughter: Killing resulting from the use of a car, often due to drunk driving or gross negligence.

Defenses to Homicide Charges

  • Self-Defense or Defense of Others: The accused acted to protect themselves or others from imminent harm.
  • Insanity: The accused suffered from a severe mental illness at the time of the crime, rendering them unable to understand the nature of their actions or that they were wrong.
  • Lack of Intent: The accused did not possess the necessary mental state (e.g., premeditation) required for the specific crime.
  • Age: Individuals under 14 are generally presumed incapable of committing a crime.
  • Diminished Capacity: Impairment of mental faculties, often due to intoxication, which may negate the ability to form specific intent.

Contemporary Identity Politics & Social Dynamics

African Americans (Post-George Floyd Era)

  • Performance Politics.
  • White fragility (emotionally fragile responses).
  • Daily microaggressions.
  • Misuse of the term “woke.”

LGBTQ+ Community

  • Not a monolithic community (e.g., Lesbians versus Gays).
  • Transgender issues impacting traditional coalitions (e.g., debates over men’s and women’s sports, or individuals identifying as a different gender).

Asians

  • Concerns regarding affirmative action.
  • Not a monolithic community.

Evangelicals

  • Desire for increased political influence.
  • Strong opposition to abortion.

Whites

  • Perceived manipulation by Republicans, often creating divisions between “left” and “white” groups despite potential shared interests.
  • Manipulation to ignore real needs (e.g., the struggles of Kentucky coal miners).
  • Observation: Whites are among the most impoverished demographics.
  • Poverty is a universal issue, not exclusive to specific identity groups, yet it often becomes framed within identity politics.

Latinos

  • Gender gap: Men often work in manual labor, while women pursue higher education.
  • Pressure on men to work in construction.
  • Overwhelming support for female candidates.
  • A majority are not immigrants; desire to be treated as established citizens.
  • Economy is important (e.g., perceived economic benefits under Trump, need to feed families).
  • Perception of receiving no benefits from Democrats.

Broader Observations on Identity Politics

All identity groups could achieve their goals if they united. Approximately 42% of poor people (who often do not vote) could significantly influence elections by supporting new politicians, rather than arguing over a small piece of the pie. Those struggling with poverty may become disengaged, leading to self-destructive patterns of entertainment and consumption.

The Immigration Journey: Challenges & Resilience

Lessons from “Solito”

The book Solito offers insights into the immigration experience.

Family Redefined

  • Patricia and others mothered Javier, though they were not his biological mother.
  • Javier did not know his biological father, who left early.
  • Javier’s grandfather taught him names of places and how to interpret sunsets.
  • Javier spent countless afternoons with Mami.
  • Javier helped his grandma with her pupusa stand.

Coyotes (Human Smugglers)

  • Methods vary by country.
  • Instruct migrants to hide their accent.
  • Often require payment for multiple legs of the journey.
  • May supply fake Mexican identification.
  • The most reliable coyotes are often expensive.
  • Migrants stayed in motels, with varying durations.

Dangerous Journey

  • Boat Travel: Seasickness, wet conditions, cold, and long trips.
  • Desert Crossings: Given unidentified white pills (e.g., ecstasy) for long walks.
  • Bus Journeys: Questioned by military; Marcelo was taken into custody.
  • Confrontations: Incidents like a homeowner pulling a gun during a water hose encounter.
  • Detention: Immigration jail for three days with other men (at 9 years old).

Resilience of a 9-Year-Old

During the journey, a 9-year-old demonstrated remarkable resilience:

  • Learned to tie his shoes.
  • Learned to use the toilet independently.
  • Spent most of the trip alone, feeling he “grew up in one day.”
  • Could not swim, despite being on a boat in the ocean.
  • Cleaned his underwear whenever possible (due to stains).

The U.S. Judicial System & Supreme Court

How Cases Are Chosen for Supreme Court Review

For a case to be heard by the Supreme Court, several criteria must be met:

  • A case must involve a conflict between two parties.
  • The parties must have standing, meaning a direct stake in the outcome of the case.
  • Moot cases, where the issue at stake has already been resolved or is no longer relevant, are not eligible.
  • If a law has not been implemented or discrimination has not yet occurred, the case is not ripe for review.
  • To be chosen, a case must be voted on by at least four justices who favor reviewing it (the “Rule of Four”).

Supreme Court Access and the Decision-Making Process

Once a case is accepted:

  1. Each lawyer must file a brief.
  2. Interest groups may file an amicus curiae brief (a “friend of the court” brief) to provide information and assist in the Court’s decision-making process, even if not directly involved in the case.
  3. Oral arguments are held.
  4. Justices discuss the case in a closed-door session.
  5. The opinions are written:
    • Majority Opinion: A written opinion that establishes the Court’s decision, provides a legal rationale, and sets a precedent for future related cases.
    • Concurring Opinion: An opinion that agrees with the conclusion of the majority but offers different reasons or legal arguments.
    • Dissenting Opinion: An opinion that disagrees with the majority’s decision and its reasoning.

Advantages and Disadvantages of Interest Groups

Advantages:

  • Pressure the government for change.
  • Provide valuable resources and expertise on complex policy issues to decision-makers and the public.
  • Represent policy preferences of minority segments of society, linking people to government and fostering democracy.
  • Foster communities of like-minded individuals, providing opportunities for networking, political engagement, and participation.
  • Provide organizational framework for mobilization of shared interests and collective action.

Disadvantages:

  • Encourage conflict.
  • Can slow down or obstruct the policymaking process.
  • Overemphasize minority interests to the neglect of majority preferences.
  • Advantage those with resources who can afford lobbying and campaign activities.
  • Can foster less transparent and accountable politics, exacerbating public perceptions of closed-door policymaking, preferential treatment, and political bias.

Current Supreme Court Justices

  • Chief Justice: John G. Roberts, Jr.
  • Clarence Thomas
  • Samuel A. Alito, Jr.
  • Sonia Sotomayor
  • Elena Kagan
  • Neil M. Gorsuch
  • Brett M. Kavanaugh
  • Amy Coney Barrett
  • Ketanji Brown Jackson

Federal and State Court Hierarchy

The U.S. judicial system operates with both federal and state court structures:

Federal Court System:

  1. U.S. District Courts (Trial Courts)
  2. U.S. Courts of Appeals (Intermediate Appellate Courts)
  3. U.S. Supreme Court (Highest Appellate Court)

State Court System (General Structure):

  1. State Trial Courts
  2. Intermediate Appellate Courts
  3. State Supreme Courts
  4. U.S. Supreme Court (for cases involving federal law or constitutional questions)

Key Principles of the Judicial Branch

  • Article III of the Constitution established only the Supreme Court; Congress created the rest of the federal judiciary.
  • The Court has expanded its influence through the power of judicial review.
  • The Supreme Court cannot initiate a case but chooses which cases it hears.
  • The executive and legislative branches influence the judicial branch by appointing judges.

Judicial Branch as Outlined in Article III, Section 1

  • Grants judicial power.
  • Creates the Supreme Court.
  • Gives Congress power over establishing lower courts of the federal judiciary.
  • Permits justices to hold office during good behavior.
  • Prohibits Congress from decreasing the salaries of judges.

Judicial Branch as Outlined in Article III, Section 2

Extends the power of the federal courts to cases concerning:

  • The Constitution or federal laws.
  • Treaties.
  • Public officials, including ambassadors.
  • Admiralty and maritime jurisdiction.
  • Controversies involving the United States.
  • Controversies between states.
  • Controversies between a state and citizens of another state.
  • Controversies between citizens of different states.
  • Controversies between a state or citizen and a foreign state or citizen.

This section also:

  • Gives the Supreme Court original jurisdiction and appellate jurisdiction.
  • Allows Congress to make exceptions to the Supreme Court’s appellate jurisdiction.
  • Establishes trial by jury for criminal cases.

Judicial Branch as Outlined in Article III, Section 3

  • Defines the crime of treason.
  • Clarifies the requirements for a conviction of treason.
  • Gives Congress power over the punishment for treason.

Jurisdiction

Jurisdiction is the authority to decide a legal case. The Supreme Court has two types of jurisdiction:

  1. Original Jurisdiction: The power to hear a case for the first time. The Supreme Court has original jurisdiction in cases involving:
    • Two states.
    • The federal government and one of the 50 states.
    • Foreign ambassadors.
    • Citizens of one state against citizens of another state.
  2. Appellate Jurisdiction: The power to review cases originally heard in a lower court. The majority of cases the Supreme Court hears fall under appellate jurisdiction. Congress can expand or restrict the types of cases that involve appellate jurisdiction.

Writ of Certiorari

Anyone seeking an appeal to the Supreme Court must file a writ of certiorari, which is a request from a high court to a lower court for the records of a case to be sent for review.

Judicial Review

Judicial review is the power to interpret the constitutionality of any act of Congress, the executive branch, or the states. This power allows the Court to strike down laws or actions that violate the Constitution.