HONORS PROGRAM IN CRIMINAL JUSTICE **** INTRODUCTION TO CRIMINAL JUSTICE I PART 1. Prof. Jonathan Rapping Room 710 Office Suite 809

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1 HONORS PROGRAM IN CRIMINAL JUSTICE **** INTRODUCTION TO CRIMINAL JUSTICE I PART 1 FALL 2013 Prof. Jonathan Rapping Room 710 Office Suite 809 Monday 9:00-10:00 jrapping@johnmarshall.edu COURSE GOAL The goals of this course are to 1) introduce the student to the American Criminal Justice system, consider the goals of the system, and gain an understanding of how it should work in theory, 2) introduce students to topics of current relevance to the effective operation of our criminal justice system; 3) introduce the students to the players in the criminal justice system in particular the prosecutor and defense attorney and gain an understanding of their unique roles in meeting the goals of the system, and 4) expose students to real-world examples of how the system functions and to examine where the system fails to meet its goals or the players fall short of fulfilling the roles identified above, and consider what solutions might be available to close the gap between theory and reality. At the end of this course, students will have a strong understanding of the principles underlying our criminal justice system, where we frequently fall short in living up to those principles, and how they can help realize these principles as practicing lawyers. 1

2 STUDENT LEARNING OBJECTIVES 1. Students will be able to identify issues that are currently relevant to the operation of the American criminal justice system and to analyze how these issues impact the goals of the system. 2. Students will be able to identify areas in which our current system falls short of its ideals and the reasons for these shortcomings. 3. Students will be able to articulate ways in which, as lawyers, they might contribute to a more effective criminal justice system. COURSE MATERIALS: Abbe Smith, Case of a Lifetime: A Criminal Defense Lawyer s Story Amy Bach, Ordinary Injustice: How America Holds Court, Introduction Angela J. Davis, Arbitrary Justice: The Power of the American Prosecutor Barry Scheck, Peter Neufeld and Jim Dwyer, Actual Innocence: Five Days to Execution and Other Dispatches From the Wrongly Convicted Paul Butler, Let s Get Free: A Hip-Hop Theory of Justice STEIKER (ed.), Criminal Procedure Stories Other readings distributed or posted on TWEN throughout the semester OFFICE HOURS: Monday 10:00am 11:30am; Wednesday 4:30pm - 6:00pm; and by appointment. To arrange an appointment outside of normal office hours, please me at jrapping@johnmarshall.edu. The Ground Rules: This course is designed to introduce you to a number of topics relevant to the real world practice of criminal law. Through a collection of books, articles, videos, and speakers, you will be introduced to issues that will add a critical dimension to your overall study of the law. While we will begin discussion of these topics during our weekly meetings, the materials will raise far more questions than we will be able to answer in class. You should continue these discussions with your classmates, the other professors at JMLS, and with me outside of class. This exercise will help you to identify issues in criminal justice that move you and to become a lawyer who thinks critically about the real world of criminal justice. In addition to having read all assigned materials as assigned, you will be expected to attend the Criminal Justice Video Series and Speaker Series throughout the semester. The series will be held on most Wednesdays from 12:30-2:00 p.m. Because you applied for the Honors Program, you have each expressed an interest in the subject matter and enthusiasm for the relevant courses. Therefore, I expect that each of you will fully participate in class. Participation means being prepared and engaging in discussion of the materials. The Class will be small and full participation by everyone is expected each week. 2

3 Some weeks require more reading than others. You may want to read ahead on lighter weeks to ensure you are prepared for weeks with more reading. While I do not expect this to be the case for any student in this Program, any student who is consistently unprepared, absent, or late may receive a step decrease in their final grade for the course (e.g., a decrease from a B to a B- or from a B- to a C+). This step decrease will be done in my discretion. I will invite any student whom I perceive to be at risk of receiving a step decrease to see me in my office at the point that I recognize any of the above as a problem. Lack of preparedness may include having not completed the assigned readings, failing to attend the mandatory Video and Speaker Series, failing to participate in a meaningful and thoughtful way in class, or using laptops for activities unrelated to class. Arrival to any class more than ten minutes late may result in receiving a half absence for that class. Arrival to any class more than forty minutes late may result in receiving an absence for that class. While I fully understand that on a rare occasion you may have an obligation that conflicts with the class, if you cannot attend class, it is your responsibility to obtain class notes, reading assignment, and any handouts from your fellow classmates and return ready to participate in the following class. Class 1: Criminal Justice in America Class Objective: To introduce students to the criminal justice system and to explore what the concept of justice means to American constitutional democracy. This Class, and Class 2, will push the question of the relationship between truth and justice in our criminal justice system and begin to raise the role of the defense lawyer and prosecutor in reconciling these two concepts. Abbe Smith, Case of a Lifetime: A Criminal Defense Lawyer s Story Amy Bach, Ordinary Injustice: How America Holds Court, Introduction pp Class 2: Criminal Justice in America (continued) [VIDEO SERIES 1] (August 22 nd ) The Verdict Class 3: Balancing Interests: Protecting the Innocent vs. Convicting the Guilty Class Objective: To introduce the tension between convicting the guilty and protecting the innocent and to discuss how our system balance these interests and the principles designed to strike that balance. 3

4 Wrongful Conviction Exercise (to be distributed in class) [VIDEO SERIES 2] (September 5 th ] Murder on a Sunday Morning Class 4: The Role of the Prosecutor: Advocate v. Minister of Justice Class Objective: To introduce the frequently competing roles of the American prosecutor: that of advocate vs. that of minister of justice, and to discuss if and how these roles can be reconciled. Paul Butler, Let s Get Free: A Hip-Hop Theory of Justice, Chapter 1, pp Kenneth J. Milelli, Prosecutorial Discretion in an Adversary System (posted on TWEN) [SPEAKER SERIES 1] (September 12 th ) TBD (Criminal Justice in America) Class 5: The Role of the Prosecutor: The Power to Charge Class Objective: To critically examine the concept of prosecutorial discretion in the context of the charging decision. Angela J. Davis, Arbitrary Justice: The Power of the American Prosecutor, Chapters 1 & 2, pp [VIDEO SERIES 3] (September 19 th ) American Violet Class 6: The Role of the Prosecutor: A Study of Two Extremes Class Objective: To examine how the prosecutor can frustrate justice by either being overly aggressive or passive and to discuss how the conscientious prosecutor resolves this dilemma in the context of limited budgets. Amy Bach, Ordinary Injustice, Chapter 3, pp Paul Butler, Let s Get Free, Chapter 6, pp Barry Scheck, Peter Neufeld and Jim Dwyer, Actual Innocence: Five Days to Execution and Other Dispatches From the Wrongly Convicted, Chapter 8, pp (posted on TWEN). Class 7: The Role of Defense Counsel 4

5 Class Objective: To examine to role of defense counsel generally, and the special obligation of counsel for the indigent specifically, and to discuss the tension that can exist between helping uncover the truth versus dutifully representing the client. We will discuss the extent to which the lawyer s fulfillment of his/her obligation to the client promotes justice and serves the system. Jonathan Rapping, How Can You Defender Those People (posted on TWEN) [VIDEO SERIES 4] (October 3 rd ) Gideon s Trumpet Class 8: The Role of Defense Counsel (continued) Class objective: To continue to examine the lawyer s obligation to the client and the system and examples of how defense counsel frequently falls short of this obligation, and to study pressures that can frustrate the lawyer s ability to live up to his/her obligations. Jonathan Rapping, You Can t Build on Shaky Ground (posted on TWEN) [SPEAKER SERIES 2] (October 10 th ) TBD (The Role of the American Prosecutor) Class 9: Falling Short of Gideon s Promise Class objective: To consider strategies defense counsel might employ to combat pressures that undermine his/her ability to fulfill the defense function. Amy Bach, Ordinary Injustice, Chapter 1, pp Letter from Marie Pierre-Py (posted on TWEN) Barry Scheck et. al., Actual Innocence, Chapter 9, pp (posted on TWEN). [VIDEO SERIES 5] (October 17 th ) Mario s Story Class 10: Falling Short of Gideon s Promise (continued) Class objective: To understand the caselaw that gives rise to the right to counsel and the reasons why this right is, at times, unenforceable. David Cole, Gideon v. Wainwright and Strickland v. Washington, Broken Promises, Criminal Procedure Stories, Chapter 3 5

6 Class 11: Falling Short of Gideon s Promise (continued) Class Objective: consequences. To continue to discuss the right to counsel jurisprudence and its [SPEAKER SERIES 3] (October 31 st ) TBD (The Role of Defense Counsel) Class 12: Catch up [VIDEO SERIES 6] (November 7 th ) The Trials of Darryl Hunt Class 13: The Role of the Judge Class Objective: To examine to power of the judge to correct systemic shortcomings and limitations on that power. Amy Bach, Ordinary Injustice, Chapter 2, pp Judge Mickel letter / Steve Bright response (posted on TWEN) Judge Wynn letter (posted on TWEN) 6