Courts and Justice (JUS 308)

 

Fall 2005

 

Class Time:  Monday and Wednesday, 7:40 AM until 8:55 AM

Location:        Coor Building – Room 184

SLN 34658

 

 

Instructor:                                                                Teaching Assistant:

 

Dr. Doris Marie Provine                                              Ms. Maria Olivia Salcido, Ph.D. Student

School of Justice & Social Inquiry                              School of Justice & Social Inquiry

Office:  Wilson Hall – Room 323                                Office:  Wilson Hall – Room 366

Phone:  480-965-7682                                                Phone:  480-965-7025

Office Hours:  Tues and Wed 11 - noon

 and by appt.                                                               Office Hours: Mondays 9 – 11 and by appt.

EMAIL: marie.provine@asu.edu                                 EMAIL: maria.salcido@asu.edu

 

 

Course Description

 

This course will help you think expansively, comprehensively, and critically about courts.  You may be surprised how much ideas about justice through law and courts have changed over time.  You will discover how varied the work of courts is – there are huge differences between levels and types of courts in this country.  And you will learn why, increasingly, Americans need to be concerned about what courts in other countries and international courts do.  This course will also help you evaluate controversies about courts – including the current one about who should be the next justice on the US Supreme Court.

 

Our voyage through systems of courts and through the inner workings of individual courts will be informed by the following questions:

 

  1. What theory of justice do the people we are studying espouse? 
  2. What is really going on here – is the official story of how this institution works the correct story for most people who use this court?
  3. Which groups in society benefit most from the arrangements I am observing here?  Which ones tend to lose out?
  4. What are the relevant obstacles to justice here?
  5. Is a court the appropriate agency or system for this kind of question or problem?

 

 

Course Readings

 

The following readings are required for this course:

 

1.  Lowenthal, Gary.  (2003).  Down and Dirty Justice: A Chilling Journey into the Dark World of Crime and the Criminal Courts.  Far Hills, HJ: New Horizon Press.

§         Approximate cost:  New=$26.00 / Used=$19.50

2. Haltom, William and Michael McCann (2004). Distorting the Law: Politics, Media, and the Litigation Crisis.  Chicago: University of Chicago Press. 

§         Approximate cost: $20 new or used from Amazon.com

 

3. Willrich, Michael (2003).  City of Courts: Socializing Justice in Progressive Era   Chicago. Cambridge, England: Cambridge University Press.

§         Approximate cost: $25 new, $14.50 used from Amazon.

 

 

Course Expectations

 

Attendance:  This class uses lectures, presentations, and in-class and out-of-class discussions to share and expand knowledge.  We strongly encourage you to attend all classes.  Formal attendance will not be taken, but many in-class activities will be counted in your grade, so it will suffer if you are excessively absent or tardy. There will also be significant out-of-class activities required in this course, some involving Blackboard, and some involving visitations to courts.  In these instances you will be working with a group.  Responsible, cooperative work is expected, including attendance for observation sessions and regular participation in Blackboard conversations with your group.  We will monitor your participation and it will become part of your grade for the course.

 

Readings:  It is important that you keep up with course readings, since much of this material will be referenced during our in-class discussions/activities.  We expect you to read about 40 pages for each class period. 

 

 

Academic Honesty

 

In order to avoid plagiarism, your papers must provide full citations for all references:  direct quotes, paraphrased, summaries, or borrowed ideas.  We encourage you to develop your thinking with your peers, but you cannot use their material without citing it.  Work from other courses will not be accepted in this course without explicit, prior permission of both instructors.  If you allow anyone to copy your work for credit, you are committing plagiarism.  Please review the Student Code of Conduct for complete guidelines on academic honesty.  NOTE:  Any instance of plagiarism or cheating can be grounds for failure of the entire course or a permanent notation in your academic record. 

 

 

Special Needs/Accommodations

 

Please let the instructor know in the first two weeks of class if you require any special accommodations as a part of this course. 
Grading Scale:   

 

There are a total of 500 points for this course.  They are broken down as follows:

 

Assessments

Maximum Points Each

Total Points

3 Mini-exams

50

150

Term Paper

150

150

 4 In Class Group Presentations

10, 20, 40, 60

130

Your Course Portfolio

20

 20

15 Participation events

3 - 5

 50

TOTAL  POINTS

 

500

 

 

Letter Grade

Point Range

A+

483

500

A

468

482.5

A-

450

467.5

B+

433

449.5

B

418

432.5

B-

400

417.5

C+

383

399.5

C

350

382.5

D

300

349.5

E

 

Below 300

 

Extra Credit:

 

A maximum of 25 points can be earned in extra credit.  The following activities can be used for extra credit points.

 

“Seeking Justice” Presentations – attendance at any or all (hopefully all!) of the four “Seeking Justice” presentations counts for extra credit points as follows:

 

  • 5 points if you attend and provide a brief write up/short presentation to the class OR attend and ask the speaker a question in the Q and A period after the lecture.
  • 3 points if you attend and provide a brief write up on Blackboard
  • 2 points if you attend OR if you critique a student write up on Blackboard

 

Course Relevant Lectures and Presentations

 

  • 5 points if you attend and provide a brief write up/short presentation to the class.
  • 3 points if you attend and provide a brief write up on Blackboard

 

Personalized Projects – a project topic of your own that is approved by the instructor (i.e. a “satire-based” movie about one of our course topics.  Visit: Digital MovieMaker to Create Your Own Film.)

 

  • Points vary based on project.

 

Assessments:   

 

 

Term Paper

Exams

Presentations

Participation events

          Portfolio

150 Points

150 Points (50 points each)

130 Points

50 Points

20 Points

We are looking for an original essay of about eight (8) pages, (typed, double-spaced).  The theme is comparison of the Progressive-era equivalent (or near-equivalent) of your court with the current day reality in Phoenix.  You should consider all of the questions on the first page of this syllabus in comparative context, and any additional questions that may be pertinent.  We expect your paper to include serious discussion of City of Courts by Michael Willrich as well as careful documentation of other materials and observations from your own research and the course. Draft sections of your paper are due at two points during the course.  A grading rubric will be provided for the paper.

There will be three mini-exams during the semester and no final exam, though we will have a mandatory class activity during the exam period.  These exams will be administered online through Blackboard.  The exams will consist of true/false, multiple choice, fill-in and essay questions.  Students MUST take these exams online within the time frame allotted.  Exceptions or make-up exams will be given only in documented emergency situations.

 

 

There are four, in-class group presentations scheduled throughout the semester of increasing weights.  (10 pts., 20 pts., 40 pts. and 60 pts.)  The topics of these presentations and their weights in course points are contained within the detailed course calendar. 

 

Grading rubrics will be provided for each of these activities.  No make-ups for this activity.

Fifteen 3 -  5 point assessments will occur during the semester on an unannounced basis.   Some assessments will be during class time.  Others will be through monitoring of your Blackboard work with your group.   

 

No make-ups for this activity.

You will develop a writing portfolio that includes the following:

 

a.  Drafts of your paper (this demonstrates the evolution of your work).

b.  Copies of articles/artifacts that you collected and used in your paper.

c.  Your writing conference log indicating what you did and when.

 

 

 

 

 

 

 

 

 

 

 Course Calendar

 

Week

Class Description

Activities

Assignments Due Next Class Period

1

Mon, Aug. 22

(First Day of Class)

Lecture:  Syllabus Introduction

 

Slide show: What is this School about?  What is this course about?!

 

Group/Applied Work:  What Do You Know About Plagiarism?

Course Reading(s): 

Down and Dirty Justice (pgs. 1 – 34)

 

Blackboard – Read “Constructing Student Portfolios” – found under Course Documents – it may open slowly, so leave time.  Start building your portfolio now, using this article for ideas.

 

Wed, Aug. 24

Lecture:  What is Lowenthal trying to do in this book?

 

Presentation/Guest Speaker:  None. Intro to Courts Project.

 

Group/Applied Work:  Form groups to study local courts

Course Reading(s): 

Down and Dirty Justice (pgs. 35-106)

 

Blackboard: Communicate with your group about the role you propose to play in your courts group and talk logistics. (PPG= Possible participation grade)

2

Mon, Aug. 29

Lecture:  Discretionary Justice and Race

 

Presentation/Guest Speaker:  FILM: “Murder on a Sunday Morning”

 

Group/Applied Work:  Note questions and concerns arising from this movie & turn in (PG = for participation grade)

Course Reading(s): 

Down and Dirty Justice (pgs. 107-142)

 

Blackboard: Communicate with your group to draft a one-page study prospectus for your courts group.  You will need to turn in a draft of this prospectus in Wednesday’s (Aug. 31) class.  (PPG)

 

Wed. Aug 31

 

 

Lecture:  NA

 

Presentation/Guest Speaker:  FILM: “Murder…” conclusion

 

Group/Applied Work: NA

Course Reading(s): 

Down and Dirty Justice (pgs. 143-178)

 

3

Mon, Sept. 5

No Class.  Labor Day!

Course Reading(s): 

Down and Dirty Justice (pgs. 179-246). 

 

 

Wed, Sept. 7

Lecture:  Discretionary Justice and race in law enforcement.

 

Presentation/Guest Speaker:  NA

 

Group/Applied Work:  Discussion and interview with movie “star” Patrick McGuinness

 

Course Reading(s): 

Down and Dirty Justice – finish (pgs. 247-295)

 

Find a news article on discretion in criminal justice.  Share it with your group on Blackboard and discuss the group’s approach to its Discretionary Justice Collage for 5-minute presentation on Monday (Sept. 12). (PPG)

4

Mon, Sept. 12

Lecture:  5-minute presentations by groups on their Discretionary Justice Collages. (10 points)

 

Presentation/Guest Speaker:  NA

 

Group/Applied Work:  NA

Course Reading(s): 

 

Blackboard – Article by Rudy Gerber – “On Dispensing Injustice” Send a question on how compatible this reading is to what Lowenthal says to Olivia by 6 PM on Tuesday – we will use some on Wednesday. (PPG).

 

Wed, Sept. 14

THURS: Seeking Justice in AZ: Ellen Katz on Thurs. at 4:30 in MU 218 (Pima) – Justice for Tenants

Lecture:  NA

 

Presentation/Guest Speaker:  Gary Lowenthal, author of Down and Dirty Justice

 

Group/Applied Work: NA

Course Reading(s): 

 

Read about Miranda v. Arizona (everything here on Miranda) at www.landmarkcases.org

 

5

Mon, Sept. 19

Lecture:  Appeals

 

Presentation/Guest Speaker:  Mr. Ken Miller on the appellate process

 

Group/Applied Work:  NA

Course Reading(s): 

 

Blackboard assignment: Contribute at least two questions for Mini Exam on criminal justice/discretionary justice. (PPG)

 

 

 

Wed, Sept. 21

Lecture:  Review criminal justice work, including appeals

 

Presentation/Guest Speaker: Tulia

 

Group/Applied Work:  NA

Course Reading(s): 

Take Mini Exam on criminal justice on Blackboard by midnight on Sunday.

6

Mon, Sept. 26

Lecture:  Judicial Activism

 

Presentation/Guest Speaker:  FILM: Justice Scalia Debates Justice Breyer

 

Group/Applied Work: Persuasion Session on criminal justice.  Organizing for Judicial Activism debate (40 pts)

Course Reading(s): 

File amended exam answers on Blackboard

 

Blackboard assignment: Relevant groups begin preparations for Judicial Activism debate: How should the Supreme Court have decided Miranda v. Arizona?  It’s real impact? Is this an “activist” decision?  (PPG)

 

Wed., Sept. 28

Lecture:  What is this author talking about?  Reading Distorting the Law

 

Presentation/Guest Speaker:  NA

 

Group/Applied Work: Assessment on civil justice (PG) and divide into 5 groups for Distorting assignments (20 pts)

Course Reading(s): 

Chapter 6 in Distorting the Law  (all read).  Groups 1 – 4 begin their assigned chapters in Distorting.  You will be presenting your chapter via a Blackboard presentation on October 10, 12, 17, or 19.  Group 5 will present in class on October 24. 

 

 

7

Mon., Oct. 3

Lecture:  NA

 

Presentation/Guest Speaker: Dr. Steve Wasby on judicial activism in the 9th Circuit.

 

Group/Applied Work:  NA

Course Reading(s): 

Groups continue reading their Distorting chapter and begin to prepare for their Blackboard presentations of their chapters.

 

 

 

Wed., Oct. 5

 

 

 Lecture:  NA

 

Presentation/Guest Speaker:  Regent Gary Stuart on judicial activism – the Guantanamo connection (tentative)

 

Group/Applied Work:  NA

Course Readings:

Groups prepare their Distorting  presentations; Group 1 makes final preparations for Monday (Oct. 10) unveiling.

 

Blackboard: Groups participating in Judicial Activism debate consult on final preparations for debate (PPG)

8

Mon., Oct. 10

Lecture:  Introduction to civil justice

 

Presentation/Guest Speaker: Judicial Activism Debate (1/2 of the class presents, ½  evaluates)

 

Group/Applied Work:  NA

Course Reading(s): 

 

Group 1 presents Chapter 2: Pop Torts on Blackboard, and rest of class responds with comments and/or questions for that group.  (PPG)  Group 2 prepares to unveil Chapter 3: In Retort on October 12.

 

Wed., Oct. 12

Lecture:  NA

 

Presentation/Guest Speaker:  FILM: Civil Action

 

Group/Applied Work:  Reaction to Civil Action (PG)

Course Reading(s): 

 

Group 2 presents: Chapter 3 and rest of class responds with comments/questions for that group. (PPG) Group 3 gets ready to unveil Chapter 4.

9

Mon., Oct. 17

Lecture:  NA

 

Presentation/Guest Speaker:  FILM: Civil Action concludes.  Possible guest speaker: Stacey’s dad, a litigator.

 

Group/Applied Work:  Groups begin preparing reaction presentations for Distorting the Law

Course Reading(s):

 

Group 3 presents Chapter 4: ALTA Shrugged and rest of class responds with comments/questions for that group.  (PPG) Group 4 gets ready to unveil Chapter 5. 

 

Class reads Chapter 8 of Distorting