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California State University, Dominguez Hills
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Created: July 27, 2003
Latest Update: October 23, 2008
jeannecurran@habermas.org
takata@uwp.edu

CRMJ/SOCA 365 Race, Crime, Law

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.

"Race, Crime, Law" Cards

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Week 9: Week of October 26, 2008

Email me your second visual project topic ASAP!!

Topic: Justice on the Bench?/Race & the Composition of Juries

Preparatory Readings:

• Richard Delgado & Jean Stefancic. The Derrick Bell Reader . Chapter 8, 9 & 10.
• Samuel Walker and others. The Color of Justice. -- Chapter 6.
• Gordon Fellman. Rambo and the Dalai Lama. -- entire book!!
• Documentary: "The O.J. Verdict" (to be shown in class)
  
  

Lecture related links:

• Race, Ethnicity, and the Criminal Justice System
• Sticks and Stones -- Labelling Matters.
  
• W.I. Thomas "Definition of the Situation
  
• other Gordon Fellman related materials on the Dear Habermas site.
• "Who's Habermas? Why Habermas?"
  
  

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
• underrepresentation
• prosecutorial racial misconduct

Discussion Questions:

Note: In order to answer these discussion questions, you will need to view "The O.J. Verdict" and do the assigned readings for this week.




1. Compare and contrast the two documentaries, "The Spirit of Crazy Horse" and "Without Due Process." What were some similarities and differences in the two group experiences? How would Fellman and Bell react to these two documentaries? Why.
2. ... 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]
3. 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]
4. 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.
5. 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.

Suggested Visual Projects/Creative Measures:

Note: Start thinking about ideas for your visual projects/creative measures. 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 creative measure in class. 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.
• 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".
  
  

• Go to the county courthouse, and observe "law in action." Relate your observations to this week's readings.
• View the movie, "Gideon's Trumpet." How does this movie relate to "race, crime, law"?
• Find out nationally, statewide, and/or locally, the number and proportion of practicing attorneys of color.
• Research the Scottsboro case.
  
  
• 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 each Visual Project:

1. List the names of the individuals in your group. What did you do exactly for this visual project? (If in a group, explain the division of labor and your individual contribution to this visual project).
2. Explain in depth, how your visual project specifically relates to "race, crime, law" (i.e., the readings, the documentaries, class discussions, major concepts). Demonstrate the interrelationship between "theory, policy, practice" in your visual project. What did you learn?
3. Assess how the 6Cs apply to your visual project, with special attention on competence and creativity. What is your visual project self-assessment (provide a letter grade) ___ ? Explain why this particular grade.