HISC 131 Study Guide - Spring 2018, Comprehensive Midterm Notes - Supreme Court Of The United States, United States Congress, Tort
HISC 131
MIDTERM EXAM
STUDY GUIDE
Fall 2018
● Science
○ Universal truths
● Law
○ Ethical/subjective laws
● Science and law are not separate
● American Legal System
○ Anglo-American Adversarial System
■ “There is not 1 truth”
■ Truth is meant to come out between the clash of the 2 sides
■ Judges are passive
○ 1) right to trial by jury of your peers
■ Scientific revolution brings about importance of public evidence
■ Why does no one question to remove jury?
● Face and representation of public
● Law of evidence -> helps to protect/prevent jury from manipulation
○ 2) the right of parties to present all evidence
○ 3) The neutrality of the court
○ 4) no code; judges work on precedence
● Continental system (based on Roman law)
○ Only want 1 story
○ Truth is already defined
○ 2 judges that have all authority
○ Medieval juries -> local people who had context and knew all the facts
○ 1) no jury
○ 2) Court investigates and collect the evidence
○ 3) Judge follows the codes
○ No rules of evidence
● Federal
○ District
○ Appellate Courts
○ Supreme Courts (SCOTUS)
● State
○ State
○ Appellate Courts (Appeal)
○ Supreme Court
find more resources at oneclass.com
find more resources at oneclass.com
HISC 131: Lec 2 Fingerprints
Fingerprints
●Law is neither impartial nor passive in its relation with science
● There are different kinds of sciences, with different methods, values and cultures
● Problem of knowledge are social problems
● Before 18th century, society was static and didn’t move around.
○ Everybody knew everybody.
● 18th century came transportation
● Key problem for the state was to identify people
○ For taxes, health, education, military
○ By 19th century, state started an archive for its citizens
■ “Memory of the modern state”
■ Still had problem with identifying people
○ Fingerprints was the answer to this problem
● Solutions to identifying people
○ Alphonse Bertillon
■ A french law enforcement officer who created anthropometry, an
identification system based on physical measurements
○ Fingerprints replaced with not because it was more scientific but simpler
and more administrative.
● Fingerprints
○ Sir William Herschel, Chief Magistrate of the hooghly district in Jungipoor, India,
was the first to use fingerprints on Indians in 1858.
■ Used whole palm print
○ Dr. Henry Faulds
■ Published article in “nature”, discussing fingerprints as a means of
personal identification
■ Faulds did not believe that individual fingerprints were unique
○ Sir Francis Galton
■ Eugenics
■ Broke down the fingerprints into different characteristics
○ The international Association for Identification
■ 1901 - fingerprint branch at new scotland yard was created
■ 1903 - the new york state prison system began the first systematic use of
fingerprints in US for criminals
● Will West was committed to the penitentiary in Kansas, where he
was photographed and measured using the Bertillon system. THe
measurements were found to be almost identical to another
criminal at the same penitentiary named William West
● Made Bertillon system not reliable
■ 1905 - US army begins using fingerprints
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Truth is meant to come out between the clash of the 2 sides. 1) right to trial by jury of your peers. Scientific revolution brings about importance of public evidence. Law of evidence -> helps to protect/prevent jury from manipulation. 2) the right of parties to present all evidence. 4) no code; judges work on precedence. Medieval juries -> local people who had context and knew all the facts. 2) court investigates and collect the evidence. There are different kinds of sciences , with different methods, values and cultures. Before 18th century, society was static and didn"t move around. By 19th century, state started an archive for its citizens. A french law enforcement officer who created anthropometry, an identification system based on physical measurements. Sir william herschel, chief magistrate of the hooghly district in jungipoor, india, was the first to use fingerprints on indians in 1858. Published article in nature , discussing fingerprints as a means of personal identification.
