California State University, Dominguez Hills
University of Wisconsin, Parkside
Soka University Japan - Transcend Art and Peace
Created: July 27, 2003
Latest Update: April 21, 2010
You will be held accountable for purposes of grading for the readings and exercises listed here. There will be no "testing." That means that you will not have to live in anxious anticipation of what we will ask and how much you will have to know. Instead, we will provide weekly discussion questions, lectures, essays, and concepts we feel that you should know as a result of having taken this course. You will assure us of that learning and receive your grade for the questions and concepts about which you choose to write and talk with us. In addition you will find detailed explanations and examples on our grading policies in the first week's reading.
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Day 6: Wednesday, May 26, 2010
Topics: The Courts/ Race, Crime, Law @ Midterm
Friday, May 28th - Last Day to Drop this Course
Monday, May 31st - No Class - Memorial Day
- Richard Delgado & Jean Stefancic. The Derrick Bell Reader . -- Ch. 7 & 8.
- Gordon Fellman. Rambo and the Dalai Lama. -- entirety
- Samuel Walker and others. The Color of Justice. -- Ch. 5 & 6.
- Documentary: ----- (to be shown in class)
Lecture related links:
- Critical Race Theory
- Race, Ethnicity, and the Criminal Justice System
- Adversarialism AND Mutuality
- other Gordon Fellman related materials on the Dear Habermas site.
- Sticks and Stones -- Labelling Matters.
- "Academic Accountability"
- "Who's Habermas? Why Habermas?"
- W.I. Thomas "Definition of the Situation
Concepts to be covered:
- structural violence
- peremptory challenge
- contextual discrimination
- "race card"
- Swain v. Alabama
- Batson v. Kentucky
- voir dire
- jury pool
- jury nullfication
- race dependent jury selection
- prosecutorial racial misconduct
Note: In order to answer these discussion questions, you will need to do the assigned readings. Due: Tuesday, June 1st .
- ... Some have suggested that the names of majority race jurors be removed from the jury list (thus ensuring a larger number of racial minorities); others have suggested that a certain number of seats on each jury be set aside for racial minorities. How would you justify these reforms to a state legislature? How would an opponent of these reforms respond? Overall, are these good ideas or bad ideas? What would Fellman and Bell say about such reforms? Why. [Walker, p. 226, Question 1]
- Evidence suggests that prosecutors use their peremptory challenges to preserve all-white juries in cases involving African-American and Hispanic defendants has led some commentators to call for the elimination of the peremptory challenge. What do you think is the strongest argument in favor of eliminating the peremptory challenge? In favor of retaining it? What would Fellman's stance be? Why. What would Bell's position be? Why. [Walker, p. 226-227, Question 2]
- What is meant by "playing the race card?" How would you describe Johnnie Cochran's strategy in the O.J. Simpson case? Why. What would Bell and Fellman say about "playing the race card"? Why.
- If a black accepts a high-visibility position in a white institution is he or she just a token who legitimizes a probably racist institution, or may he or she do some good by working from within? What should the civil rights community do about conservative blacks who embrace individualism, disavow affirmative action, and reassure whites by preaching that racism is dead and anyone can make it in America? [D&S, p. 297] Be sure to apply D&S, Chapters 8, 9 and 10 into your answer.
Suggestions for Visual Projects:
Note: Start thinking about ideas for your visual projects. Must relate to "race, crime, law." Must be approved before starting your creative measure. Cannot be something that you are doing or have done for another course. Research cannot be 100% online (i.e., google, askjeeves). Must conduct library research using scholarly works, (not the popular press -- Time Magazine, Newsweek, Sports Illustrated). You are expected to turn in a bibliography with each visual project. No term papers! Allow time to dialogue and present your visual project progress. Email me your ideas ASAP.
- Office of Juvenile Justice and Delinquency Prevention. An excellent resource for juvenile justice related issues.
- National Criminal Justice Resource Service. Administered by the Office of Justice Programs, U.S. Department of Justice.
- Make A Box a Week focusing on this week's topic or related issues.
- Go to the county courthouse, and observe "law in action." Relate your observations to this week's readings.
- Research the following cases: Swain v. Alabama, and Batson v. Kentucky.
- Examine one or more of the following issues relating to racial minorities and:
--- peremptory challenges and more recent options/directions.
--- jury nullification.
--- voir dire.
--- playing the "race card".
- Examine Race, Ethnicity, and the Criminal Justice System published by the American Sociological Association (September 2007).
- Research the Dalai Lama -- his past and present.
- Research "forgiveness". Begin with these books: Martha Minow, Between Vengeance and Forgiveness. Desmond Tutu, No Future Without Forgiveness.
Self-Assessment Questions for Midterm Visual Project Progress: (due Wednesday, May 26th) .
- List the names of the individuals in your group. What did have you accomplished for this visual project? (If in a group, explain the division of labor and your individual contribution to this visual project). What small item are you planning to "give away" to those visiting your visual project?
- Explain in depth, how your visual project specifically relates to the course (i.e., the readings, the documentaries, class discussions, major concepts). Demonstrate how your visual project relates to "theory, policy, practice". What have you learned so far?
- Assess how the 6Cs apply to your visual project, with special attention on competence and creativity. What is your midterm visual project progress grade (provide a letter grade) ___ ? Explain why this particular grade.
--- Paula DiPerna. Juries on Trial.
--- Alan Dershowitz. The Best Defense.
--- Steve Bogira. Courtroom 302: A Year Behind the Scenes in an American Courthouse.
--- Deborah L. Rhode. Access to Justice.
--- Mark Weiner. Black Trials.
--- Dan T. Carter. Scottsboro: A Tragedy of the American South.
--- Anthony Lewis. Gideon's Trumpet.
--- Harriet Ziskin. The Blind Eagle.
--- Jonathan Casper. Criminal Courts: The Defendant's Perspective.
--- Samuel Walker. Taming the System: The Control of Discretion in the Criminal Justice System.
--- Kenneth Culp Davis. Discretionary Justice.
--- James P. Levine. Juries and Politics.
--- Bruce Wright. Black Robes, White Justice.
Course Syllabus for CRMJ/SOCA 365 "Race, Crime, Law"