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Federalism

Federalism. -Federalism -Enumerated Powers -Reserved Powers -Concurrent Powers -Supremacy Clause -State Constitutions -Federal-State Cooperation. State Executive Branch. -Governor– 4 year term, 2 consecutive term limit 30 years old -Lieutenant Governor. State Executive Branch.

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Federalism

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  1. Federalism -Federalism -Enumerated Powers -Reserved Powers -Concurrent Powers -Supremacy Clause -State Constitutions -Federal-State Cooperation

  2. State Executive Branch -Governor– 4 year term, 2 consecutive term limit 30 years old -Lieutenant Governor

  3. State Executive Branch -Same Roles as President Executive Legislative Commander Party Judicial State

  4. State Executive Branch -State Executive Departments and Agencies -10 major Executive Departments(appointed) -8 Council of State Departments(elected)

  5. State Legislative Branch -Very similar to Congress (called General Assembly in NC) NC Senate-50 NC House 120 2 year Terms , no limits -Legislatures can be based only on Population Reynolds v. Sims

  6. GENERAL ASSMEBLY

  7. House-Walter Church-D Senate-Jim Jacumin -R Burke county state representatives House-Mitch Gillespie-R

  8. State Legislative Branch -State Congressmen varying requirements, full time job NC House-21, NC Senate 25 -Law Passing Process very similar to Congress -Budget Problems are greatest concerns -Leandro case involving school funding

  9. State Judicial Branch -State Courts handle all cases not given to federal jurisdiction, which is most all cases -Most state judges are elected officials -elected in non-partisan elections -debate over election process

  10. State Judicial Branch -Lower State Courts– misdemeanor cases, family law and small civil suits—judge only -Higher State Courts– felony cases, large civil suits—jury trials -trial courts, county court, district court -Appellate Courts -State Supreme Courts

  11. NC SUPREME COURT Chief JusticeSarah Parker Justice PatriciaTimmons-Goodson Justice Robin Hudson JusticeRobert H.Edmunds, Jr JusticeEdward ThomasBrady JusticeMark Martin Justice Paul Newby

  12. State v. Mann • The case arose from the prosecution of John Mann for assaulting a slave, Lydia, whose services he had hired for one year. • Mann hit Lydia when she committed a small offense, and she ran away. Mann "called upon her to stop" when she did not, he shot her. • A jury convicted him of battery, but Chief Justice Ruffin overturned the conviction.

  13. Justice Ruffin's Opinion in State v. Mann • Justice Ruffin captured the attention of abolitionists with his extraordinary opinion in Mann, because he released the possessor of a slave from all legal control for harm to her, despite his recognition of the inhumanity of his decision. • "the struggle . . . in the Judge's own breast between the feelings of the man, and the duty of the magistrate." • Mann was released from liability for abusing a slave who was under his control.

  14. Leandro vs. North Carolina • Every child of the state of North Carolina is guaranteed an opportunity to receive a sound basic education in our public schools. • A "sound basic education" is one that will provide the student with at least: • (1) sufficient ability to read, write, and speak the English language and a sufficient knowledge of fundamental mathematics and physical science to enable the student to function in a complex and rapidly changing society • (2) sufficient fundamental knowledge of geography, history, and basic economic and political systems to enable the student to make informed choices with regard to issues that affect the student personally or affect the student's community, state, and nation • (3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or vocational training • (4) sufficient academic and vocational skills to enable the student to compete on an equal basis with others in further formal education or gainful employment in contemporary society

  15. The Court rules that this is a minimum standard that is constitutionally permissible • If the court found that the state failed, the people would be entitled to a remedy (effective educational strategy and/or additional funding) • No Child Left Behind

  16. PLEA BARGAIN • SINCE DISTRICT COURTS HEAR SO MANY CASES,PLEA BARGAINS ARE USED TO GET A GUILTY CONFESSION FOR A LESSER SENTENCE

  17. IT IS A STATE DECISION TO HAVE THE DEATH PENALTY

  18. Methods of Execution

  19. North Carolina and the Death Penalty • North Carolina allows the death penalty as an option in cases of first-degree murder. • North Carolina authorizes lethal injection • Minimum age for death penalty: 18 • Executions 1910-1961: 362 • No Executions1962-1983 • Executions since 1984: 42* *3 in 2006 as of 5/17/06

  20. North Carolina lethal injection or gas 1991-11992-11993-01994-11995-21996-0 1997-01998-3 1999-42000-12001-52002-2 2003-7 2004-42005-5 2006-3 2007-? A dayroom on death row at Central Prison Death Watch area

  21. U.S. executions were briefly halted in 1972 following the ruling of the U.S. Supreme Court on the case of Furman v. Georgia. The justices decided that executions were cruel and unusual punishment and therefore a violation of the Eighth Amendment of the U.S. Constitution. • In 1976, the Court reversed this decision in the case of Gregg v.Georgia. To address the "cruel and usual punishment" objections, states began looking for a more humane way of carrying out the death penalty, lethal injection being one of the methods they came up with.

  22. Execution Room at San Quentin Prison

  23. Execution Witness rooms at San Quentin(top)and CentralPrison(right)

  24. Selection of Execution Witnesses • North Carolina General Statute 15-190 identifies the people who may be present at an execution. It provides that prison staff, official witnesses, members of the victim’s family and representatives of the convicted felon be present. Space limitations in the witness room restrict the number of witnesses to 16. • The statute defines the prison staff as the warden or deputy warden, or some person designated by the warden in his place and the surgeon or physician of the penitentiary. • The statute also provides for four respectable citizens to serve as official witnesses. The district attorney of the county of conviction and the sheriff of the county of conviction each select two official witnesses.

  25. Demographics White Black Indian Other Total • Male63 87 8 4 162 • Female 2 1 1 0 4 • Total 6588 94 166 • Offenders on Death Row - names

  26. Cost of execution supplies - Lethal Injection • 12 each 60cc syringe @.40 each-$4.80 • 6 each 10cc syringe @.12 each -$.72 • 3 each 1000 ml saline @.71 each- $2.13 • 3 each IV tubing set @.63 each- $1.89 • 3 each IV set (needle) @ 6.87 each-$ 20.61 • 12 each IV stopcock @ 1.23 each-$14.76 • 2 each Thiopental Sodium 5 gm.100 ml @ 20.28- $40.56 • 12 each Potassium Chloride 2mg/ml   10ml @ .31-  $3.72 • 12 each Pancuronium Bromide 5 ml @ 1.37-$16.44 • TOTAL $105.63(Costs varies somewhat depending on supplier, current costs and amount of drug used)

  27. Offender PopulationApr 20, 2005 Prison Inmates 36,735 Probationers 114,925 Parolees 2,558 Total 154,218 Male Inmates 34,088 Female Inmates 2,647 $882,227,760 per year for all inmates in the state of NC Cost of Supervisionfor fiscal year ending June 30, 2004 Cost of Prison Incarceration daily cost per inmate yearly cost per inmate Minimum Custody $49.34 $18,009Medium Custody $65.59 $23,940Close Custody $82.46 $30,098Average $65.80 $24,016

  28. Persons executed in NC

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