crjs400 IP4

Apr 10th, 2015
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Part I Read the U.S. Supreme Court decision in the following cases: • Bowers v. Hardwick, 478 U.S. 186 (1986) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=478&invol=186 • Lawrence v. Texas, 539 U.S. 558 (2003) http://supreme.jU.S.tia.com/U.S./539/558/case.html Part II What societal factors may have caused the U.S. Supreme Court to abandon the rule of stare decisis in the Lawrence v. Texas and Bowers v. Hardwick cases? Write a 5–6 page paper on the topic above and include the following: • Outline the major societal arguments that influenced the U.S. Supreme Court decision in both cases and the subsequent reversal. • Identify specific examples to support your explanation. • Examine some of the specific arguments used by the Justices of the Supreme Court in the majority and dissenting opinions. • Include any philosophical underpinning that might have influenced the thinking of the judges on the court at the time both cases were being decided. • Use specific references in

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CRJS400-IP4NameClassDateProfessorCRJS400-IP4 The Supreme Court is the highest court in the land that is tasked with reviewing cases and laws in order to determine their constitutionality. The decision made by the Supreme Court is final and will be based on factors such as precedents from previous cases and the majority opinion of public at the time. One case that might be settled by the Supreme Court one way in one generation may be addressed completely differently in other generation due to changing public opinion. In the cases of Bowers vs. Hardwick and Lawrence vs. State of Texas the rulings by the Supreme Court were completely different but the rulings were also made during two completely different generations.Bowers vs. Hardwick In the case of Bowers vs. Hardwick the Supreme Court ruled laws making sodomy illegal were not unconstitutional. The case began in 1986 when police were investigating a gay bartender on another crime when a houseguest allowed police to enter Bowers apartment. Police proceeded into Bowers bedroom where he was engaging in sodomy with another male. The police arrested Bowers and his partner on the crime of sodomy. Police illegally entered Bowers resident so the charges were later dropped but Bowers, infuriated at the bad behavior of police, and the unconstitutionality of the sodomy law appealed the case. The appeals court supported the position of Bowers but the Supreme Court upheld the ruling of the district cou

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