Political Science 260
The Legal System
Syllabus
Winter, 2017-18
This course is an introductory survey of the legal system in the United States from the perspective of the social sciences. Throughout the course we will discuss the impact of political and social factors on the legal system.
This course has three major goals: (1) The first goal is to help students become better informed and more effective citizens. As individuals we are subject to the authority of the legal system, but as citizens we are the ultimate governors of the system. (2) The second goal is to introduce students to the concepts and methods of social science. The social sciences contribute to the goals of general education by developing important critical thinking skills, including the ability to apply general concepts to complex social problems. (3) For students who are considering a career in law, this course offers the opportunity to explore the domain in which lawyers and other legal professionals work, and to consider the role of lawyers in society.
Required Texts
Alexander, Michelle. The New Jim Crow, Revised Edition. New York: The New Press, 2011
Brisbin, Richard and John Kilwein. Real Law Stories. New York: Oxford University Press, 2010
Strum, Philippa. When the Nazis Came to Skokie. Lawrence, Kanas: University Press of Kansas, 1999.
Getting in Touch With Me Outside of Class:
Office: 312 Old Main Phone: 794-7235 E-mail: daviddehnel
Office Hours: Feel free to contact me for an appointment or drop by. The best times to catch me are MWF between 10 and noon and TuTh between 1000-1130.
Rules and Policies
1. Regular attendance is required.
2. It is the responsibility of students who miss a class to find out what assignments were made or handouts were distributed in their absence.
3. Writing assignments are due at the beginning of class. Late assignments will be penalized under any circumstances, including illness. The two lowest grades will be dropped. These drops are to be used for emergencies.
4. Students who miss a quiz (or the final exam) without prior permission will be penalized. If some sort of personal disaster prevents you from attending a quiz, a full make-up will be allowed only if you notify the professor before the quiz is scheduled to begin. Make-up quizzes must take place before the next class period.
5. Use of electronic devices for non-class purposes is inappropriate.
6. We will take short break sometime in the middle of the class period. Please do not take bathroom breaks at other times, including during quizzes.
Learning Objectives
This course carries an “PS” Learning Perspective (Perspectives on Individuals and Society). Therefore, a central goal of the course is learning how to apply social science analysis to the operation of the legal system.
Accordingly, the central learning objectives of the course are:
-Understanding the basic structure and operation of the legal system.
-Understanding central concepts of sociology (social structures, social norms) and political science (conflict over interests and ideology).
-Gaining skills of analysis by applying the social and political concepts to issues that arise in relation to the legal system.
Assignments and Grades
Grades will be based on 5 of 6 short writing assignments (25% total), four of five quizzes (25% total), a final exam (25%), a symposium day assignment (5%), a group co-facilitation (10%), and class attendance and participation (10%).
-Specific questions for the writing assignments will be announced in class. Assignments are due at the beginning of class. I encourage email submissions. You will be graded on how well you engage with the readings in response to the question.
-The five quizzes will cover material discussed in class since the prior quiz. You will need to take good notes in class and review them. Each quiz will also contain a question on the reading assigned for the day of the quiz.
-Participation in class discussion is rewarded because it allows for “active learning.” The writing assignments and quizzes will help prepare you for class discussion. On several days members of the class will serve as co-facilitators of class discussion.
-The final exam will be drawn primarily from the quizzes.
Course
Outline
I. Criminal Justice
Week One
Tuesday, 11/14: What is Law, and Why do we Have it?
Thursday, 11/16: Basics of the Criminal Justice System—the Police
Reading: Real Law Stories, 143-5 and 153-74; Wilson and Kelling, “Broken Windows” (handout); Tennessee v. Garner (handout)
Writing Assignment #1
Week Two
Tuesday, 11/21: Basics of the Criminal Justice System—The Courts
Reading: Real Law Stories, 145-151, 174-190, 200-8; Baum,
“American Courts” (handout)
Co-facilitation Group #1
Thursday: No class
Week Three
Tuesday, 11/28: Criminal Justice as a System of Social Control
Reading: Alexander, The New Jim Crow, 1-40
Quiz #1
Thursday, 11/30: The War on Drugs—Introduction
Reading: Alexander, 40-58; Tonry, excerpt from Malign Neglect (handout)
Writing Assignment #2 Due
Week Four
Tuesday, 12/5: Police and the War on Drugs
Reading: Alexander, pp. 59-84; Terry v. Ohio; article on “Stop and Frisk” (handouts)
Co-facilitation Group #2
Thursday, 12/7: Processing Criminals in Cook County
Readings: Bogira, Courtroom 302, Introduction and chapter one (handout)
Writing Assignment #3 Due
Week Five
Tuesday, 12/12: Criminal Defense Against the Odds
Reading: Alexander, 84-96; Bogira, Courtroom 302, chapter seven (handout)
Quiz #2
Thursday, 12/14: Race and Criminal Justice Outcomes
Readings: Alexander, chapter 3
Co-facilitation Group #3
Week Six
Tuesday, 1/9: Prison and Beyond
Reading: Alexander, chapter 4
Quiz #3
Thursday, 1/11: What is To Be Done?
Reading: Alexander, chapter 6
Writing Assignment #4 Due
II. Civil Justice
Week 7
Tuesday, 1/16: Civil law and Settings of law Practice
Reading: Real Law Stories, 13-25, 52-59, 90-110, 120-131
Co-facilitation Group #4
Thursday, 1/18: Lawyers and access to law: Real Law Stories, 73-81, 111-119;
Reading: Macaulay, “Lawyers and Consumer Protection Laws” (handout); Seron, et. al., “The Impact of Legal Counsel on Outcomes for Poor Tenants…” (handout)
Symposium Day Assignment Due
Week 8
Tuesday, 1/23: Family Law
Reading: Obrien v. Obrien (handout); Real Law Stories, 60-72 and 244-53
Quiz #4
Thursday, 1/25: Personal Injury Law
Reading: Leichtamer v. American Motors Corp. (handout); Gawande, “What Doctors Owe” (handout); Real Law Stories, pp. 27-51
Co-facilitation Group #5
III. Constitutional Politics
Week 9
Tuesday, 1/30: Introduction to the Skokie Case
Reading: Strum, When the Nazis Came to Skokie, 1-35
Writing Assignment #5 Due
Thursday, 2/1: The Lines of Battle
Reading: Strum, 36-69
Co-facilitation Group #6
Week 10
Tuesday, 2/6: The Costs of Hate
Reading: Strum, 70-114
Quiz #5
Thursday 2/8: Freedom in Perspective
Reading, Strum, 115-154
Writing Assignment #6 Due
Final Exam: Monday, February 12, noon.