Poli sci exam 2

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poli sci exam 2

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Federal: Department of education creation 1980, out of several agencies
Federal: Department of education mission "to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access."
Department of education duties - establishing federal financial aid policies - distribute and monitor the funds - collecting data on america's schools and disseminating research - focusing national attention on key educational issues - prohibiting discrimination and ensuring equal access to education
Funding on average: education On average, states grants cover roughly 50% of the costs of education and secondary education
Federalism in education - federal - state -local
No Child Left Behind (NCLB) act of 2001, The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments. http://www2.ed.gov/policy/elsec/leg/esea02/pg1.html#sec1001 http://www.edweek.org/ew/issues/no-child-left-behind/ (GET FUNDING INFO AND TEXAS INFO)
Race to the top funding $4 billion dollar federal competitive grant program
Race to the top goal To improve and facilitate innovation in education especially in low performing schools
Did Texas participate in the race to the top program? no
RESPECT (Recognizing Educational Success, Professional Excellence and Collaborative Teaching) funding $5 billion dollar federal competitive grant program
RESPECT (Recognizing Educational Success, Professional Excellence and Collaborative Teaching) represents a vision to elevate and transform teaching and leading so that our nation's most important profession—educating our young people—becomes its most respected and supported one (look up more info)
The Texas Constitutional Basis for Public Education Article VII, Section 1: A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the Legislature of this State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools
Constitutional Barriers to Equitable Funding Article VIII, Section 1 –e: No state ad valorem tax shall be levied upon any property within the state This means that the state may not set a specific state wide property tax on all properties within the state. As a result localities must set their own tax rates to accumulate the needed funds to provide an education to students.
San Antonio V. Rodriquez (1968) Demetrio Rodriguez and six other parents sued in federal court to equalize school funding in Texas The Court decided against Rodriguez citing that wealth was not a “suspect classification” and therefore did not violate the fourteenth amendment provision of “equal protection.” In addition the verdict asserted that a right to an education was not guaranteed within the U.S. Constitution.
Edgewood ISD et al. v. Kirby et al. (1984) Plaintiffs- Parents of students in the Edgewood school district/ Mexican American Legal Defense and Education Fund (MALDEF) Defendants- William Kirby, Commissioner of Education in Texas/ State of Texas
Edgewood v. Kirby - MALDEF is suing Kirby on behalf of the parents in Edgewood Independent School District in San Antonio, TX - Are suing on the basis that the methods of public school finance in Texas violate the state Constitution guarantee of an efficient and free public school system
Edgewood v. Kirby cont. The grievance was that the current method of funding public schools discriminated unfairly against poor students and denied equal opportunity in an “increasingly complex and technological society.”
How were the schools funded? - Mainly from the collection of property taxes within a specific district - Some state and federal monies were given but the majority of funding came from local property taxes
State funding for education - Historically the state has made large contributions to localities for education but funding assistance has been reduced over the last 20 years. - The state contributes about 40% of revenues for education in localities
School Districts - Texas has 1,089 school districts - all but one are independent (of government) - most have 7 elected board members chosen in nonpartisan elections
The three factors of finance 1. properties taxable 2. tax rate 3. per student allocation
properties taxable - districts are primarily funded through local property taxes - the amounts of monies raised in districts can vary significantly and can create drastic difference in the funds available
properties taxable cont. In edgewood- taxable property per student was $38,854 In alamo heights- taxable property per student was $570,109 Due to this discrepancy, poor districts have high property tax rates while wealthy districts can have low property taxes rates
Property Tax rates Edgewood tax rate- 75.4 cents/$100 valuation Alamo Heights tax rate- 37.25 cents/$100 valuation
Per Student Allocation Per student funding in Edgewood: $2,987 Per student funding in Alamo Heights: $7,233 With half the tax rate Alamo Heights could more than double the amount of funds available per student Alamo heights- $3,399,510 to educate 470 students Edgewood- $1,403,890 to educate 470 students
What are the effects of the discrepancy for poor districts? - facility maintenance decreases - teacher salary decreases - # of students per class increases - new educational supplies and equipment are harder to secure - curriculum deteriorates and becomes inadequate - overall resources decrease - go through teachers faster due to stress
What are the effects of the discrepancy Wealthy Districts? - Facility maintenance increases - Teacher salaries increases - Number of students per class decreases - New educational supplies and equipment are easier to secure - Curriculum is stable and improving - Overall resources increase
Tracking the case: Legislation - following the supreme court decision the legislature is ordered to implement equitable funding by the 1990-1991 school year - after four special sessions the legislature approves $528 million dollars to aid poorer school districts
Tracking the case: Legislation cont. MALDEF argues to Judge Scott McCown (who replaced Clark) that the new plan is not working; McCown agrees saying the new legislation was not "substantially" equal
Tracking the case: the creation of CED's - in 1991, the legislature consolidates the 1,058 school districts into 188 county education districts (CED's) - property wealthy districts protest this consolidation and eventually win in the courts because the new CED's were deemed constitutionally illegal
Tracking the case: the multi-option plan finally, on may 28, 1993, the legislature came up with a multi-option plan for balancing school finance
What was the nickname of the new school finance plan? robin hood
the new plan - the legislature was signed into law by governor ann Richards - it was later upheld in 1995 by the texas supreme court
The five options 1. wealthy districts could merge there tax base with a poorer district 2. wealthy districts could send money to the state to help fund poorer districts 3. wealthy districts can contract to educate students in poorer districts 4. wealthy districts can voluntarily consolidate with one or more districts 5. wealthy districts can transfer commercial property to another districts tax rolls
which option did they choose? the second option (wealthy districts could send money to the state to help fund poorer districts- it was cheaper)
what triggered the 1993 per student allocation cap? 280,000 (property valuation)/ pupil
rule changes in 1994 - the state legislature voted to increase the per student cap
what was the new state cap triggered? 305,000 (property valuation)/ pupil
Since Edgewood - in 2005, the supreme court said the tax system was in effect a state wide property tax because localities were having to tax at the maximum rate ($1.50) to meet state mandates - in 2006, legislation passed ordering a 1/3 cut in local M&O property taxes
Since Edgewood - school boards could later raise the M&O tax rates with voter approval - new business, franchise, and higher cigarette taxes are supposed to bridge the gap
How many poor districts are there? - 90% of Texas school districts are poor districts -10% give money back to the state
State Board of Education - 15 members - elected in districts throughout the state - select textbooks, determine curriculum and much more
Department of justice mission to enforce the law and defend the interests of the united states according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all americans
Measuring crime - us department of justice uses two methods of determining the frequency of crime in the us - UCR: uniform crime report - NCVS- national crime victims survey
Uniform crime report - compelled by the FBI and reported by local law enforcement - collect data on 4 violent crimes and 4 property crimes - VC- murder, forcible rape, robbery, and aggravated assault - PC- burglary, larceny/theft, motor vehicle theft and arson - provides crime rates for cities and states
uniform crime report preliminary report january-june 2010 - when compared to the same period in 2009 the figures are as follows: - 6.2% drop in violent crime - 2.8% drop in property crimes - 14.6% drop in arson
national crime victim survey - phone interviews of 50,000 nationwide - determine crime rate by comparing who says they have experienced a crime that year versus those that had not - does not provide date for cities and state
trend in crime rates 1. prison occupancy rates 2. strength of the economy 3. quality of police work and methods 4. relative size of the young male population
Most crimes are committed by ______ under the age of ______ black males, 25
Victims and criminals - texas crime victims' compensation fund - provides up to $75,000 for innocent victims of violent crime Covers: loss of earnings, funeral expenses, medical expenses, care of minor children
Texas Crime Victims' compensation fund - does not cover stolen property - fund is financed by fines paid by convicted felons - to receive compensation you must: report crime within 72 hours, cooperate with police, file a claim with the cv compensation division in the attorney generals office within 180 days
How does the election of justices affect the quality of justice in texas? - campaign funds - partisan labels - long ballots - minority representation
issues in criminal justice - rise in prison populations (overcrowding) - private prisons - public defense -institutionalized racism - wrongful convictions - forensics - capital punishment - improvements
Plea Bargains - the rise of the plea bargain - admission of guilt for a lesser charge; no trial - 97% of federal and 94% of state criminal trials end in a plea bargain
Criminal prosecution process - defendants may also plea bargain (plead guilty) in hopes of a lesser charge or a perceived lesser sentence - in 2006, out of the 154,851 felony cases disposed of by state district courts 72.2% of the cases were resolved by a defendant pleading guilty
Equal justice - private legal defense representation for the poor: - going rate $300/hr - results in inadequate representation for the poor because many are priced out - results in higher incarceration rates for the poor
Public defenders the system of public defenders was inefficient and underfunded - paid for out of county funds - resulted in low wages and low performance attorneys - were woefully unprepared - matched against experienced public prosecutors who were well paid
public defenders -as a result of the system the poor receive bad representation - conviction rates of the poor are disproportionally high - sentencing rates are disproportionately high
institutionalized racism graphic shows: from 1990- incarceration rate for assault- african americans- 75/100, hispanic- 65/100, white- 30/100
Texas fair defense act - sponsored by senator Rodney ellis of Houston - program was designed to standardize and more adequately fund indigent defense in felony cases
Texas fair defense act cont. - counties still responsible for funding - prompt appointment of counsel - mandated quick attorney-client contact - ordered the counties to create a standard of qualification - charmed them with setting a fee schedule for defense attorneys - the early implementations of this legislation has yet to show dramatic results - only two of 33 counties that account for 87% of all death row sentences, brazoria and lubbock, county demonstrated compliance
capital punishment - capital punishment is the death penalty - the state's first cp law was passed in 1923 - first execution was february 24, 1924 - 5 african american men were executed for murder
capital punishment cont. 1924-1964: 503 men, and 3 women have been sentences to die by the state of texas - 361 of them were executed - 229 african american men - 108 white men - 23 latino men (none of the women were executed)
Furman v. Georgia - The Supreme Court reviewed the case of Furman v. Georgia (1972) and struck down the existing system because it provided too much discretion for the judge and jury - race/class disparities - Did not rule on the constitutionality of execution itself
new death penalty statue The Texas legislature passed a new death-penalty statue in 1973 defining capital crime to include the following crimes
crimes that are capital murder - murder of a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; - murder during the commission or attempted commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat; - murder for remuneration or promise of remuneration or employs another to commit murder for remuneration or promise of remuneration; - murder during escape or attempted escape from a penal institution; - murder, while incarcerated in a penal institution, of a correctional employee or with the intent to establish, maintain, or participate in a combination or in the profits of a combination; - murder while incarcerated in a penal institution for a conviction of murder or capital murder; - murder while incarcerated in a penal institution serving a life sentence or a 99 year sentence for a conviction of aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
crimes that are capital murder cont. - murder of more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; - murder of an individual under ten years of age; or - murder in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
What is the method for execution here nin texas? the punishment is either life imprisonment without possibility of parole or the death penalty - a judge or jury must decide between the two based on three criteria
First criteria Was the conduct of the defendant that cause the death of the victim committed deliberately and with the reasonable expectation that the victim’s death would ensue?
Second Criteria Is it probable that the defendant would commit additional criminal acts of violence that would constitute a continuing threat to society?
Third criteria Is there anything in the circumstances of the offense and the defendant’s character and background that would warrant a sentence of life imprisonment rather than a death sentence?
life imprisonment vs death penalty If the answer is: yes, yes, yes The defendant will receive life imprisonment If the answer is: yes, yes, no The defendant will receive the death penalty
Are we a high execution or low execution state compared to others? high execution, Texas leads in the number of executions since 1976
What are the final consequences? It is a fact that innocent people have been wrongly sentenced to death here in the state of Texas The use of D.N.A. evidence has cleared 28 Texans who were sentenced for a crime they did not commit (2007)
The exonerated 37 men spent years and decades in prison for crimes they didn’t do
Anthony Graves - 66 stab wounds, august 18 1992, Robert carter- had burn wounds and was forced to pay child support for 4 yr old Jason (one of the kids who were killed) but said that Anthony was an accomplice, knife of crime scene was “identical” to anthony’s, carter recanted his testimony against anthony, anthony was on death row until 2006 12 years after found guilty. - The knife was not used in the killings, on anthony’s retrial the prosecuter kelly sielger was even on anthony’s side, the murder charges were dropped, october 27 2010, Anthony was a free and innocent man, should've been given $1.4 million but texas refused to pay because the words “innocent” was not used, but was given the money from texas under a special circumstance, 10 years on death row
Michael Morton synopsis- wrongly convicted for murder of his wife, was in prison for 25 years, was let go after DNA test and evidence that was concealed by Ken Anderson (who was arrested for 10 days) Michael Morton act- prosecutors must disclose all evidence
The Cantu Case executed but innocent (do more research)
Willingham Case executed for a crime he did not commit, apparently a demon worshiper because of heavy metal fan, this was used as evidence for him killing his family in house fire
Tulia Do research
Marijuana use and arrest rates (black vs. white) do research
Social movements Social movements are loosely organized collections of people and groups who act over time, outside established institutions, to promote or resist social change.
What we know about social movements - SMs are generally the political instruments of political outsiders - SMs are generally mass grassroots phenomena - SMs often use unconventional and disruptive tactics - SMs are populated by individuals with a shared sense of grievance - SMs often generate interest group organizations
Major Movements in America - Abolitionist - Populist - Women’s Suffrage - Labor - Civil Rights - Anti-Vietnam War - Women’s
Major Movements in America cont. Environmental Gay and Lesbian Religious Fundamental Anti-Globalization Anti-Iraq War Immigrants Rights (Know the rough start date and purpose of each movement and their relative proximity to one another)
Social Movements in Majoritarian Democracy - Encourage outsiders to participate - Overcome political inequality - Create a new majority - Overcome gridlock
Encourage outsiders to participate - This step is crucial, if the minority group is to afraid, or is convinced nothing will change, outsiders will not participate - Voting rights movements were entirely the work of outsiders
Scope of conflict the number of groups involved in a political conflict; few groups mean a narrow scope of conflict, and many groups mean a wide scope of conflict
Overcome political inequality - The ability of those without political resources such as time and money to organize not in terms of what they don’t have but in terms of what they do have…numbers - Mobilizing the people
Mass mobilization The process of involving large numbers of people in a social movement
Creating new majorities One the movement is organized and can build momentum others will want to join If media covers events or the movement it self the message will reach a larger audience
Overcoming gridlock Another obstacle that must be overcome by a successful social movement is political gridlock and the nature of our fractured government itself
Gains from Social Movement in U.S. - Women’s right to vote - Equal citizenship rights for African Americans - Social Security - Collective bargaining - Environmental protection
Factors that encourage the creation of Social Movements - The existence of social distress - Availability of resources for mobilization - A supportive environment - A sense of efficacy among participants - A spark to set off the flames
The existence of social distress Distress to one’s life, way of life, values, and or sense of justice Social distress caused by economic, social and technological change can spawn major social movements as well
Availability of resources for mobilization Good leadership Conscious-raising-groups Fundraising Organization Networks Media attention (and sometimes a good lawyer)
A supportive environment - The time must be right - A degree of support and tolerance on the part of society and leaders in society must exist for the movement to be able to exist - Movements may have existed previously but rarely are successful unless the public temperament is right
Sense of efficacy among participants "I can make a difference"
Political efficacy The sense that an individual can affect what government does
A spark to set off the flames A catalyst or dramatic event to set the movement into motion This is the point where social distress changes into social action example: Rosa Parks and the Civil Rights Movement Stonewall and the Gay Rights Movement
Tactics of Social Movements - Sit-down strikes Invented by labor activists in the American auto industry - Peaceful demonstration Million Man March - protests - civil disobedience (technically constitutionally allowed, but may get arrested) - boycotts - Litigation* usually done by specific interest groups aligned with the social movement civil rights movement
Successes of Movements Success hinges on three key things: (1) The proximity of the movement’s goals to American values (2) The movement’s capacity to win public attention and support (3) The movement’s ability to affect the political fortunes of elected leaders
Low Impact Social Movements - Poor peoples movement - Equal Rights Amendment
Partially Successful Social Security Act– it was a watered down version of the original legislation Anti-Abortion legislation following Roe v. Wade
Successful Abolitionist Movement Civil Rights Movement Civil Rights Act Voting Rights Act Women’s Suffrage
go through the review to make sure you got everything/ also to look back on links good luck :-)
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