Instructor: Cindy Cates
Office: Linthicum Hall 118D
Phone: (410) 704-3586
E-mail: ccates@towson.edu
Home Page: (with on line syllabus): http://pages.towson.edu/cates/
Office Hours: Tues/Thurs: 11AM-12:15PM
Special Guest Lecturer: The
Honorable Joseph Curran
THE JUDICIAL SYSTEM
POSC 384
Spring 2010
COURSE DESCRIPTION AND GOALS
This course is a critical study of the American judicial system, examining the roles and functions of various institutions and the activities occurring in and around them.
Course Description from the Course Catalog:
POSC 384 [564] THE JUDICIAL SYSTEM (3) Roles, functions and operations
of the American judicial system. Examining ideology of law and justice and consequences of legal decisions. Prerequisites: POSC 103 or consent of instructor.
Course Objectives and Learning Outcomes
The goal of the Department of Political Science is to provide students with an understanding of politics that will prepare them for further study in graduate or professional education or that will prepare them to enter the world of domestic or international public service or business. To meet this goal, the department seeks to accomplish the following four general student learning outcomes:
1. Substantive Knowledge about Politics - Describe the structure and nature of politics in international relations.
2. Critical Thinking Skills - Identify historical, cultural, and socio-economic assumptions that underlie understandings about politics and explain how they affect one’s perspectives and actions.
3. Affective Meanings of Politics - Explain the importance of politics in the attitudes and beliefs about current issues that affect local, national and international affairs.
4. Skills for Learning and Life - Present articulate and persuasive arguments about politics in written and oral communications.
POSC 384 addresses these learning outcomes through a critical examination of the nation’s judicial system. By the end of this course, students who attend class regularly, do all of the assigned readings, study diligently, complete every assignment with care, and engage enthusiastically in the subject matter should be able to do the following:
1. Understand how our legal system is structured and why it is structured that way.
2. Understand the range of influences that shape agendas and ultimate decisions at various stages of the judicial process.
3. Understand the roles of various actors in involved at all levels of the system, ranging from individual police officers and private civil litigants, to the U.S. Supreme Court.
4. Assess winners and losers in the politics of the judicial system.
5. In general, think and write critically about the judicial system.
FIRST REQUIREMENT:
Read the remaining requirements thoroughly
REMAINING REQUIREMENTS:
Required Texts
Available at bookstore:
Baum, Lawrence. American Courts: Process and Policy. 6th edition. Houghton Mifflin Company (2008) [Baum 1]
Bonsignore, et al. Before The Law. 8th edition Houghton Mifflin (2006)
Baum, Lawrence. The Supreme Court. 9th edition. CQ Press (2007) [Baum 2]
In addition to the texts above, several required readings will be available throughout the semester as on line readings. As events and class discussions warrant, other hand-outs and on-line readings may be required throughout the semester:
PARTICIPATION: My wish is to spend some of most class periods in general discussion, give-and-take, and small- and large-group consideration of the material. If you have a question or comment to make during one of our meetings, please do not hesitate to raise it. Each of you can make valuable contributions to our general understanding of the materials, and no one's perspective or opinion is any more, or less, important than any other. This is especially true given the nature of our subject matter. We will have to read, think, write, and compare our thoughts with each other. For these reasons, you will place yourself at a significant disadvantage if you do not prepare for our class sessions and if you do not attend them. As an added incentive, participation will count toward 10% of your final grade (such that regular, informed participation throughout the semester will garner 10% A and a semester's worth of virtual silence and/or nonattendance will get you 10% F. "In-betweens" will get "in-between" grades.)
ATTENDANCE: In order to participate, your regular attendance in class is essential. Moreover, you will be tested not only on the required readings, but on the lectures and discussions as well, some of which will include material not contained in the regular readings. Bottom line: over the years I have noticed that students who do not attend class regularly almost never receive As or Bs! Thus, you miss class at your own peril! As an added incentive, points can be earned for attendance. For this class, there will be 26 regular meetings. For each class attended, students can earn 1/4 of a point toward their final grades (to earn this attendance point, you may arrive no more than 10 minutes late). Thus, a student who attends all possible classes can earn 6.5 extra points added to the final grade.
SPECIAL GUEST LECTURES: On several occasions
throughout the semester, class will be led by the Honorable J. Joseph Curran, JR. Mr. Curran has a wealth of experience and
expertise from which we can benefit. He
was Maryland Attorney General from 1987-2007. He was the state’s Lieutenant Governor from
1983-87. And, he was a member of the
Maryland General Assembly from 1959-1983.
Exams and Papers: In addition to participation, your final grade will be determined on the basis of two take-home exams (mid-term and final) and three small writing projects. (See below). For both exams and papers, all transactions will be done via email.
EXAMS: Both examinations will present essay questions and will be cumulative. In addition, they will both count toward 18% of your final grade, for a total exam score of 36%. Each exam will be comprised of two essay questions. Your answer to each question should be a minimum of two full type-written pages and maximum of three pages. Please note that by type-written, I mean double spaced, with one inch margins, and Times New Roman 12 point font, with no extra spaces between paragraphs. The answers are to be original works and you are to write them individually. Your first exam will be emailed to you on March 9th. On March 11th you will have a free day to work on the exam and/or to discuss issues with me individually. The first exam is due no later than midnight on Friday, March 12th. Your second exam will be distributed on May 6th. On May 11th, you will have a free day for you to work on the exam and/or to discuss issues with me individually. It is due by no later than May 13th at 11PM. Completed exams should be emailed to me as word processed attachments (Word or WordPerfect please – no Works or WordPad). Failure to take either of the two required exams will result in a grade of F for the entire course.
PROJECTS: In the interest of promoting discussion and thoughtful reflection on several particularly controversial topics, you will be asked to complete three small writing projects throughout the course of the semester. Each paper should be typed, double-spaced, with standard margins, in 12 point Times New Roman font (no extra spaces between paragraphs) and running no fewer than five full pages in length. Moreover, while substance is the most important component of the papers, since this is an upper-division class, grammatical errors, typos, and sloppiness will result in a grade reduction regardless of content. Each paper will count toward 18% of your final grade, for a total paper score of 54%. Failure to submit any one of the three required papers will result in a grade of F for the entire course.
Papers should be emailed to me as word processed attachments (Word or WordPerfect
please – no Works). I must be in receipt of them by
In general, your papers will deal with the topics of POLICE, JURIES, and the GENERAL STATE OF LAW IN AMERICA, respectively. Specifically, you will be asked to answer three questions dealing with these subjects (see below). The opinions you express in these papers will be based on thoughtful consideration of the relevant assigned readings. Thus, while I will very much value your opinions, it must be obvious to me that those opinions have been arrived at only after thorough reflection on the readings.
Please note also (although I know this is an unnecessary warning for the great bulk of you) that these works are to be original. I take plagiarism very seriously. Copying from others’ work or from one of the many Web term paper and plot summary sites will result in an automatic F in the course and, quite possibly, University judicial proceedings, which, in turn, could result in expulsion. For explanations of plagiarism, please see:
http://www.indiana.edu/~wts/pamphlets/plagiarism.shtml
http://www.unc.edu/depts/wcweb/handouts/plagiarism.html
http://www.towson.edu/~jpomy/plagiarism.html
The following are the questions you will be asked to consider, along with due dates. LATE PAPERS WILL NOT BE ACCEPTED.
PROJECT # 1 (Police): Analyze Orwell's Dilemma
in "Shooting an Elephant." Comparing his dilemma with the
observations in the “Thin Blue Line” readings, do
you see any parallels between the British policeman's status in colonial
PROJECT # 2 (Juries): Tocqueville asserted that trial
by jury in
PROJECT # 3 (The State Of Law in America): In 2009,
the WEEKLY WORLD NEWS reported that a delegation of aliens from another galaxy,
bearing a striking resemblance to Elvis, JFK, John Lennon, George Harrison, Bob
Marley, Jerry Garcia, Princess Diana, Tupac Shakur, Kurt Cobain, Aaliyah, Heath
Ledger, and, of course, Michael Jackson held a secret meeting with President Obama,
Speaker of the House Pelosi, Senate Majority Leader Reid, and Chief Justice
Roberts (as usual, the eastern, establishment press withheld information of
this important event). According to the NEWS' crack reporter, who
obtained classified transcripts of the meeting, the aliens were particularly
keen to question the Chief Justice on the American legal process. It
seems that years before, in addition to abducting Jimmy Hoffa, the aliens had
obtained a copy of an essay by a Czech writer entitled The Trial.
Apparently, they were extremely distressed by the plight of the common man
(a.k.a. "countryman") in that tale who was evidently denied a full
and fair hearing before the law. The aliens wanted to know if such was characteristic
of the American judicial system. Having only recently spent considerable
time and energy completely altering the meaning of the interstate commerce
clause, Chief Justice Roberts was too exhausted to give the aliens a really
comprehensive answer. You, of course, are in a much better position to do
so. Drawing on your scholarship about the actors (police, lawyers,
juries, and litigants) and processes (plea bargains, settlements, the
adversarial model, appeals) involved in the legal system, how would you answer
the aliens? Be sure and give specific answers, referencing the semester’s
readings and class discussions.
Grade Calculation
I use the +/- grading system for As, Bs, and Cs.. I do not use +/- below the grade of C-. My scoring for grades is as follows:
|
Letter
Grade |
Range |
Score When Only a
Letter Grade Is Assigned |
|
A |
92-100 |
95 |
|
A- |
90-91 |
90 |
|
B+ |
88-89 |
88 |
|
B |
82-87 |
85 |
|
B- |
80-81 |
80 |
|
C+ |
78-79 |
78 |
|
C |
72-77 |
75 |
|
C- |
70-71 |
70 |
|
D |
60-69 |
65 |
|
F |
59
& below |
Varies |
In fairness to all, there are no extra credit projects for this class. Hence, your grade is contingent upon your performance on the examinations, papers, class participation, and attendance. I like to see and will reward effort and improvement. Therefore, in borderline situations, solid class participation, indicating preparation and interest, will tip the scale in your favor. Also, if in the final analysis your grade is on the border, a significantly higher score on the final (compared to the mid-term exam) will work to resolve the ambiguity, again in your favor.
GRADE RECAP:
Class Participation: 10%
Paper 1 18%
Paper 2 18%
Paper 3 18%
Exam 1 18%
Exam 2 18%
*As many as 6.5 extra points for attendance
No other extra credit!
Special Needs: If English is not your first language or if you have a documented learning disability, special arrangements can be made to improve your performance on the exams and assignments. Please see me prior to the first exam for more information.
DISRUPTION OF CLASSES
DUE TO UNIVERSITY CLOSURE
In the unlikely event that the University temporarily closes in response to
health considerations related to an outbreak of the HINI (swine flu)
virus or any other reason, classes will be conducted during that period
on an on-line basis utilizing email. All
assignment dates will remain the same.
COURSE OUTLINE
Discussion Topics and Reading Assignments: The course outline, along with reading, meeting, exam, and paper due dates follows. Although it may not always be possible, we will try to keep to this schedule.
PART 1: INTRODUCTION AND OVERVIEW
January 26: Course Information
READ YOUR SYLLABUS THOROUGHLY AND COMPLETELY!!!!
Assignment: Send me your preferred email address: cates.cindy@gmail.com If it’s in my mailbox by January 27th, you get an extra ¼ point added to your grade.
January 28: What Is the Judicial Process?
No readings for these topics, but you should begin reading and thinking about the Kafka essays in Bonsignore, pp. xiii-xxi. You should also start to read the Orwell essay (http://www.k-1.com/Orwell/index.cgi/work/essays/elephant.html or http://www.online-literature.com/orwell/887/ and the “Thin Blue Line” essays available at Appendix 1.
February 2: In the Middle of the Process: An Overview of
the Court System
Read: Baum 1, Chapters 1 & 2
February 4: Special Topic: The Maryland Judicial System
Read: http://www.courts.state.md.us/about.html
General Curran will discuss the
history and structure of the Maryland judicial system.
February 9: Before the Law, In the Judicial Process: Initial Considerations on Law, Fairness and Justice.
Read: Kafka essays in Bonsignore, pp. xiii-xx (Be prepared to discuss Kafka).
February 11: Law & Justice Continued
PART II: ACTORS IN THE JUDICIAL PROCESS
February 16: Introduction:
Is the Law an "Insider's"Game?
Read: Bonsignore, 81-89
February 18: Police
Read: Orwell; “Reports on the Thin Blue Line,” in appendix 1 of this syllabus. Also, read Bonsignore, pp. 264-300.
February 23: Police
PAPERS DUE NO LATER THAN 9:30A.M.!!!
February 25: Lawyers
Read: Baum 1, Chapter 4; Bonsignore, 315-402.
March 2: Lawyers
March
4: Judges
Read: Baum 1,Chapters 4 and 5;
Bonsignore, pp. 4-33; and
Access the articles noted in Appendix 2
March 9: Litigants
and interests
No readings
Midterms will be distributed.
March 11: First exam day - no class. Work on your test. Exams are due
electronically no later than 11PM on Friday, March 12.
March 14-21: SPRING BREAK!!!!!!!
March 23: Juries
Read: Bonsignore, 405-493
March 25: Juries
PAPERS DUE NO LATER THAN 9:30A.M.!!!
PART III: INSTITUTIONS & PROCESSES
March 30:
The Criminal Justice
System
Read:
April 1: Same as March
30 (Criminal Justice continued)
April 6: Special Topic: Criminal Sentencing: The Death Penalty
General Curran will discuss criminal sentencing with
particular emphasis on capital punishment.
Note: I will be emailing you a chapter to read for
the April 15th class.
April 8: The Civil
Justice System
Read: Baum, Ch. 7;
“Civil Trial Cases and Verdicts,” http://www.ojp.usdoj.gov/bjs/pub/pdf/ctcvlc01.pdf and review Bonsignore (the Galanter article) pp. 81-89.
April 13: Civil
Justice continued
April 15: Multiparty
Litigation
Read: Chapter sent on April 6
April 20: Special Topic: A Case Study in Civil Justice: Tobacco
Litigation and the Master Settlement Agreement
General Curran will discuss litigation against tobacco
companies with special emphasis on Maryland’s participation in the Master
Settlement Agreement
PART IV: APPEALS & THE SUPREME COURT
April 22: The Appeals
Process
Read:
April 27: The Supreme
Court
Read: Baum, Supreme Court (ALL)
April 29: The Supreme
Court continued
May 4: Special Topic: Arguing cases before the Supreme Court
General Curran will discuss the art of arguing before the
Supreme Court
May 6: Kafka
reconsidered: Is the Judicial Process Kafka-esque?
Review Kafka in Bonsignore. PAPERS
DUE NO LATER THAN
FINAL WILL BE DISTRIBUTED.
May 11: Second Exam Day -- no class.
Work on your test. Exams are due electronically no later than 11PM on
Thursday May 13.
May 13: Exams due no later than midnight
Appendix 1
REPORTS ON THE “THIN BLUE LINE”:
OBSERVATIONS ON POLICE CULTURE
The following is a compilation of four articles and reports. All four must be read for class and for your “Orwell” papers. Links or instructions for accessing follow each title and author.
1. Barbara E. Armacost, “Organizational Culture and Police Misconduct,” 72 George Washington Law Review 453 (2004).
To access this article, you’ll need to do the following:
1. Access Cook Library at http://cooklibrary.towson.edu/
2. Click “Research Tools”
3. Click “Databases and other resources”
4. Select L, then “LexisNexis Academic”
5. If off-campus, sign in using your library barcode
6. Select “Legal” (this will take you to Law Reviews)
7. Skip Terms and Connectors
8. Choose
9. In Title of Article, type “Organizational Culture and Police Misconduct"
10. In Title of Journal type George Washington Law Review
11. Date 2004
12. Search
2. The Honorable Milton Mollen, “Police Violence: Causes and Cures,” 7 Journal of Law & Policy 93 (1998).
1. Follow Steps 1 through 8 above
2. In Title of Article, type “Police Violence: Causes and Cures"
3. In Title of Journal type Journal of Law & Policy
4. In author type Mollen
5. Date 1998
6. Search
3. Kenneth Adams, “What We Know About Police Use of Force,”
Chapter 1, pp. 1-14 (pdf pp. 14-37) in Use of Force
by Police: Overview of National and Local Data.
4.
Appendix 2
JUDGES AND ELECTIONS
Robert Barnes, “Judicial Races Now Rife With Politics,” The
To access this article, you’ll need to do the following:
1. Access Cook Library at http://cooklibrary.towson.edu/
2. Click “Research Tools”
3. Click “Databases and other ersources”
4. Select L, then “LexisNexis Academic”
5. If off-campus, sign in using your library barcode
6. Select News
7. In Terms and Connectors, type “Judicial Races Now Rife With Politics”
8. Pull down: In Headline
9. Under Select Sources, select Washington Post
10. Select “previous year.”
11. Search
Adam Liptak and Janet Roberts,
“Campaign Cash Mirrors a High Court’s Rulings,” The Washington Post,
1.Follow instructions 1-6 above
2. In Terms and Connectors, type “Campaign Cash Mirrors a High Court’s Rulings”
3. Pull down: In Headline
4. Under Select Sources, select New York Times
5. Select “previous 5 years”
6.Search