Law, Politics and the Distribution of Justice
POLS 12-3


Instructor: Artemus Ward


Office Hours (Fall 99)

Days and Times: Tues. 12:30-3:30; Wed. 2-3; Thur. 12:30-1:30
Office Location: Butte Hall 722
Office Phone: 898-6036
Home Phone: 895-1157


Class Information

Days and Times: Tues/Thur 3:30-4:45
Location: Butte Hall 109

Fall 99 Class Schedule
More about Political Science at Chico State


Class Description

The legal process presents us with an interesting puzzle. Narrowly conceived, it is a set of specific procedures, specialized personnel, and institutional arrangements with the goal of adjudicating cases filed in courts. A broader view suggests that there are no clear signs to mark the outer edges of the legal process, as a constant struggle occurs to decide what is and what is not an issue for litigation. Are some things off limits? To what extent should the legal process be a part of our every-day lives?

We are also concerned with the issue of justice in the law. Should law include the concept of justice at all? Is law simply the struggle over different moral claims, values, and beliefs? Can we agree on a common ideal of justice? Along these lines we’ll ask what does it mean to think like a lawyer or a judge? Is it any different from the way you or I or anybody else thinks?

Finally, we will explore the extent to which the law is political. We'll ask how legal actors are political? How does politics influence the law? Should the law be political or not?

University Catalog Description


Course Requirements


Grading

Attendance & Participation 10%

Daily Reading Question/Comment 15%

Field Observation & Report 20%

Moot Court 25%

Final 30%

Final grades will be determined by the following scale:

93-100 = A

90-92 = A-

87-89 = B+

83-86 = B

80-82 = B-

77-79 = C+

73-76 = C

70-72 = C-

60-69 = D

0-59 = F


Required Texts:


Where to Begin on the WWW?

Dear students:

Welcome to the Fall ‘99 class of PSC 12-3, Law, Politics and the Distribution of Justice!

This course really has two objectives. First, we want to get a solid understanding of how the legal process works. By the legal process, we mean not just judges and courts, but lawyers, law enforcement officers, juries, and more. We’ll not only have an understanding of how each of these actors operate in the judicial system, but also look critically at the functions they perform. How are these actors political? How might things be done better? Second, we want to think broadly about the idea of justice. Does the legal process further the goal of having a just society? This course enables us to speak from an informed and even experienced position about this imporant issue.

PSC 12-3 is not offered in a law school, but instead in the political science department. Why? Because in this class we want to understand the politics of justice and law. How is the law political? To what extent is law part of the political process? To this end, knowledge you have gained in other political science courses, as well as what you know from reading the newspaper, will serve you very well in this course.

You are expected to do the readings and be prepared for class each week. The key to doing the readings, is not do them the night before! Try to get a few days ahead of schedule. The best thing you could do over the weekend, is to do all of the readings for Tuesday and start the readings for Thursday. You should take notes on the readings, too. The mid-term and the final come directly from the reading and your notes will make it easier to do well on them. Don't wait and be forced to do the reading after the mid-term and final are handed out. Your essays will not be as good as if you had done the reading as assigned.

The material is not difficult. The topics we will discuss are ones in which you already have a certain degree of familiarity through either popular media or personal experience. The single best piece of advice I can give you about any college class is this: the more you put in to it, the more you’ll get out of it. Do the readings, participate in class, talk to me about any questions and concerns you have and you will learn a lot and do well. This is a very interesting class and I’m glad you’ve decided to be a part of it.

Best of luck!

Sincerely,

Artemus Ward


Calendar


Week 1   Courts, Politics & Justice I 
Tue. Aug. 24   Introduction, syllabus review 
Thu. Aug. 26   Sophocles’ Antigone   

Week 2 Courts, Politics & Justice II Tue. Aug. 31 Bonsignore Ch.3 Thu. Sep. 2 Frisbie & Garrett Ch.1-3
Week 3 Courts, Politics & Justice III Tue. Sep. 7 Bonsignore Ch.4 Thu. Sep. 9 Film: Rashoman
Week 4 The Legal Profession I: Law School Tue. Sep. 14 Bonsignore Ch.12 Film: The Paper Chase Pt.1 Thu. Sep. 16 Frisbie & Garrett Ch. 4-6 Film: The Paper Chase Pt.2
Week 5 The Legal Profession II: Lawyers Tue. Sep. 21 Bonsignore Ch.11 Video: "Law School & The Practice of Law." Remarks by Chief Justice of the United States William H. Rehnquist, University of Virginia, 8 November 1997. Approx. 20 min. Thu. Sep. 23 Lecture: Judicial Federalism: the Structure & Administration of Courts
Week 6 Justice: Process & Organization Tue. Sep. 28 Bonsignore Ch.13 Thu. Sep. 30 Frisbie & Garrett Ch. 7-9
Week 7 Criminal Procedure Tue. Oct. 5 Bonsignore Ch.8 Thu. Oct. 7 Frisbie & Garrett Ch. 10-13
Week 8 Juries I Tue. Oct. 12 Bonsignore Ch. 14 Film: 12 Angry Men Part 1 Thu. Oct. 14 Film: 12 Angry Men Part 2
Week 9 Juries II Tue. Oct. 19 Bonsignore Ch. 15 Video Excerpt: "Jury Reform," Judge Michael Dann of the Arizona Superior Court, Nov. 17, 1997, 30min. Thu. Oct. 21 Moot Court: Discovery/Depositions Taken Frisbie & Garrett Ch. 14-16
Week 10 Juries III Tue. Oct. 26 Moot Court: Jury Selection Bonsignore Ch. 16 Thu. Oct. 28 Moot Court: Trial Day 1
Week 11 Moot Courts cont. Tue. Nov. 2 Moot Court: Trial Day 2 Frisbie & Garrett Ch. 17-20 Thu. Nov. 4 Moot Court: Jury Deliberations
Week 12 Judicial Decision-Making I & Popular Will Tue. Nov. 9 Bonsignore Ch. 1 Extra Credit Assignment: Due Thursday Dec. 9 Thu. Nov. 11 Bonsignore Ch. 6
Week 13 Judicial Decision-Making II Tue. Nov. 16 Moot Court Papers Due beginning of class. Criminal Sentencing Exercise Thu. Nov. 18 Lecture: Judicial Selection Video excerpt: Senate Judiciary Committee - Clarence Thomas hearings Criminal Sentencing Results and Discussion
Week 14 Tue. Nov. 23 Thanksgiving Break Thu. Nov. 25 Thanksgiving Break
Week 15 Field Observations Tue. Nov. 30 Student Reports (All Reports Handed In) Thu. Dec. 2 Student Reports
Week 16 Conclusion Tue. Dec. 7 Student Reports Thu. Dec. 9 Conclusion & Review for Final
Week 17 Final Thu. Dec. 16 FINAL EXAM 2-3:50

Course Policies

  1. Special Needs - If you have a learning difference or suspect that you may, please come and see me as soon as possible. Students with learning differences have shown to perform exceptionally well in this and other courses.


  2. Extracurricular Activites - It is your responsibility to notify me in advance of any activites that will disrupt your attendance. If your activities make it impossible for you to attend classes each week, you should consider withdrawing from the course. Material is covered in class that cannot be found in the course readings.


  3. Late Work - Anything turned in late will be marked down one-third grade for every day it is overdue. For example an A paper that is one day late receives an A-; if it is two days late, it receives a B+. Exceptions are made only in the most extraordinary circumstances and I will require some sort of documentation to make any accomodation.


  4. Cheating and Plagiarism - Students cheating and plagiarizing will fail the assignment on which they have committed the infraction and will be referred to the appropriate judicial board for disciplinary action. The submission of any work by a student is taken as guarantee that the thoughts and expressions in it are the student’s own except when properly credited to another. Violations of this principle include giving or receiving aid in an exam or where otherwise prohibited, fraud, plagiarism, or any other deceptive act in connection with academic work. Plagiarism is the representation of another’s words, ideas, opinions, or other products of work as one’s own, either overtly or by failing to attribute them to their true source.

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This document is maintained by Artemus Ward
Last Updated: September 28, 1999