Laura Richart
S. DioGuardi
Criminal Law & Procedure
22 September 2016
CJ2300 Assignment 1: Case Brief
Case: Korematsu v. United States, 323 U.S. 214 (1944)
Procedural History: Fred Korematsu was a Japanese- American who was sent to an internment camp following the enactment of Executive Order 9066 in 1942. This executive order required that all Japanese- Americans, some Italian- Americans, and some Jewish refugees be taken from their homes and placed in internment camps around the United States, with many being on the West Coast. This was in response to the attack on Pearl Harbor and was intended to prevent supposed espionage. Korematsu refused to transfer from the original camp in Manzanar, CA that he was placed in and was arrested and
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Most of the people sent to internment camps were either born in the United States to legal immigrants, or people who had already become citizens. Fred Korematsu was born in the United States to a Japanese family who had been legal citizens for many years.
Holding: Korematsu was convicted of being in a military exclusion area after the date of his transfer. However, it has been argued that there were conflicting portions of Executive Order 9066. At one point, Japanese-Americans were told that they were not to leave the area where they lived and a curfew was imposed. It was during this time that the internment order was approved, and the argument is that they were unsure if they should stay (as they were told) or go (again, as they were told). Regardless of which order Korematsu followed, he was still in violation of at least one.
Rule: Executive Order 9066 was found to be constitutional based on the fact that we were at war, and that as a country, we have the right to defend our soil. It was believed that because the Japanese had already attacked the United States, there was imminent threat of further attacks, and of espionage or
War can be a heartbreaker, a loss of connection, or a big realization. It does not just affect the soldier, but the family, friends and colleagues of the individual. In World War II, Japanese-American citizens in the United States and U.S. prisoners of war in Japan experienced horrific trauma that made them feel invisible, although many resisted. A Japanese-American named Miné Okubo was a typical citizen who was deployed to a internment camp because on February 19, 1942 Executive Order 9066 was signed by President Roosevelt and was put into law. Mine’ Okubo had been exiled to an internment camp during World War II along with thousands of other Japanese-Americans.
United States” it discusses a case where Fred Korematsu got arrested for not leaving his home in California. The reason he was asked to leave his house is because of the Executive Order 9066 which made all persons of Japanese Ancestry leave the west coast. He made this order because of the war between the US and Japan and the west coast is the closest place to Japan in America. People were very paranoid that the Japanese living on the west coast were spies and the US needed to do this avoid sabotage. The US knew that this was unconstitutional, but during wartime sometimes desperate times call for desperate measures.
The fifth amendment in the Bill of Rights states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” (Title XVIII, Dec. 1791). Korematsu’s refusal to relocate to Japanese internment camp was based on a violation of the Fifth Amendment and personal protection orders. According to personal protection orders, a person should be able to avoid illegal detection, However, Fred Korematsu was denied this
When trying to support my argument about legal doctrines being shaped by race during this time period the case of Korematsu v. United States has to be talked about. At the beginning of WWII President Roosevelt issued Executive Order 9066, giving the U.S. military the right to ban thousands of Japanese-American citizens from areas thought of as critical to homeland security. Thus, setting up ‘interment camps’ to hold the Japanese for the duration of the war. Mr. Korematsu did not follow suit and decided to stay home in the state of California. The upholding of Korematsu’s conviction by the Supreme Court showed not only how threatened the country felt about Japanese immigrants but also put into question how equal everyone truly was in America.
Life after World War II After World War II, Korematsu remained silent about the internment incidents for around thirty years, neither telling his wife or daughter about this specific time. He felt as if he had played a negative role in that period, and therefore remained quiet. But in 1980, his old attorney found a box of hidden files that recorded that the Solicitor General of the US (the person who represented the US in Korematsu’s Supreme Court case) knew that President Roosevelt's Executive Order actually violated and segregated the Japanese and the Japanese American’s rights and the Constitution itself, and suppressed reports from both the FBI and the military that the Japanese and the Japanese Americans posed no risk to the national defense. He presented the files to President Jimmy Carter, who ordered a full investigation of the affected cases. Korematsu was later notified,of the
During WWII Japanese-Americans and prisoners of war were sent to camps. Two of those people that were sent to camps were Louie Zamperini and Miné Okubo. Louie Zamperini was drafted to go to war when he was young. He was on a mission to find a missing plane when his own plane crashed in the ocean. He was later captured by the Japanese and sent to a POW camp.
During Congressional committee hearings, The Department of Justice representatives raised objections to the proposal. The West Coast was first divided into military zones, and then on February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066 shortly after the Pearl Harbor Bombing. President Roosevelt was not justified in his decision because many Japanese Americans had volunteered to serve in the armed forces and many lost their businesses and homes. Due to many Japanese Americans volunteering to serve in the armed forces, President Roosevelt's decision was not justified. Japanese Americans viewed military service as an straight path to upward mobility.
Similar to the implications of Executive Order 9066, Executive 9012 would drastically change the lives of Japanese Americans and the landscape of the United States. Firstly, the order contributed to the relocation process for Japanese Americans by applying new strategies to force them into internment camps Executive Order 9102 created the War Relocation Authority, which established the “orderly evacuation of designated persons living in the restricted military area” (Gallivan). In essence, it worked in concert with the previous executive order as a way to efficiently remove Japanese Americans from their current residences. The process of sending Japanese Americans to new War Relocation Authority camps was painful and arduous (Aitken). The burdensome removal process and the disruption of Japanese Americans’ lives ultimately contributed to the deleterious treatment towards Japanese
Internment camps were common in many countries during World War 2, including America. The Japanese-Americans were interned out of fear from Pearl Harbor and, although the conditions weren’t terrible, the aftermath was hard to overcome. Along with the Japanese-Americans, our American soldiers were also interned in Japan, but in harsher conditions and aftermaths. The camps, no matter how unpleasant, were turning points for both internees. While reading Farewell to Manzanar by Jeanne Wakatsuki and Unbroken by Laura Hillenbrand, these points are obvious.
In the article “Japanese American Internment,” the author develops the central theme well over the course of the text. First, the author begins by using an excerpt from Franklin Delano Roosevelt’s “Day of Infamy” speech to describe the Japanese attacks and, ultimately, the cause for Japanese American internment. As a result of this, “the president issued Executive Order 9066 … [which] authorized the evacuation and relocation of ‘any and all persons’ from ‘military areas.’” Next, the author describes the relocation process and life in the internment camps.
In Julie Otsuka’s novel, When the Emperor was Divine, a nameless Japanese-American family is uprooted, exported, and abandoned by their own government. The family, along with thousands of others, lived in an internment camp for the duration of World War II, their only crime being their Japanese heritage. All Americans should know the story well, however, beyond public knowledge, there is a hidden history of Japanese-American imprisonment that extends beyond the less malicious internment of families. It is kept in the dark, easily overlooked, only found when one is willing to search.
One of the judges named Hugo Black stated that, "Korematsu was not excluded from the military area because of hostility to him or his race. He was excluded because we are at war with the Japanese Empire, because they decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily. " At that fact, there was no way the judges could’ve refused the order and decided to move forward with the rule given. Years after the incident, The Civil Liberties Act of 1988 was
Jayna Marie Lorenzo May 23, 2023 Historiography Paper Professor Kevin Murphy Historiography Final: Japanese Internment “A date which will live in infamy,” announced President Roosevelt during a press conference after the bombing of Pearl Harbor. Due to the military threat by the Japanese on the West Coast, on February 19, 1942, President Roosevelt issued Executive Order 9066, ordering for the incarceration of all people of Japanese descent. The Order forced about 120,000 Japanese Americans into relocation centers across the United States where they remained in captivity until the war ended.
The internment of Japanese Americans during WWII was not justified. After Pearl Harbor, many Americans were scared of the Japanese Americans because they could sabotage the U.S. military. To try and solve the fear President Franklin D Roosevelt told the army in Executive order 9066 to relocate all Japanese Americans living on the West Coast. They were relocated to detention centers in the desert. Many of them were in the detention centers for three years.
An atrocity defines as a cruel and wicked act against humanity. On February 19, 1942, President Franklin D. Roosevelt called out Executive Order 9066, otherwise known as the Japanese- American Internment Camps. These camps imprisoned Japanese-Americans soon after the time America entered World War II, fighting against the Japanese. All over the west coast of America, there was at least one camp for the Japanese Americans prepped. The Japanese American Internment Camps, however, can not be considered an atrocity because the imprisonment is justifiable, the Japanese Americans were kept safe from all warfare, as well as their daily lives kept almost undisrupted.