LS308: Law and Society Unit 9 Seminar Review of Unit 8 Unit 9 Discussion

Review of Unit 8 Law and Inequality Major Themes Although law functions to benefit society it can also reflect and reinforce the social inequality found in larger society. American history is replete with examples of two related aspects of law and inequality—(1) the use of law to foster social inequality and (2) the impact of inequality on the origins of law and the operation of the legal system. For example, throughout the eighteenth and nineteenth century in the United States, racist ideals impacted constitutions, legislative enactments, and court proceedings. During this period, the legal positions of African Americans, Native Americans and Chinese Americans differed, but the legal status of each fell below the status of the dominant white society. Policies promoting inequality under the law were not only drawn along racial lines. There is also a tradition of laws resulting in the disparate legal treatment of woman and the poor under the law. Developing a full understanding of the interaction of law and society, requires a review of the manner in which laws have been used to promote inequality.

Review of Unit 8 (cont.) Law and Inequality Unit Outcomes: Summarize how laws have been used by society to promote inequality (DQ and activity 1) Analyze the impact of inequalities on the origins of laws (Seminar and activity2)

Unit 9 Discussion (1 of 4) Courts and Juries Major Themes Have you ever had the opportunity to attend a criminal trial in person ? Have you ever seen one of the many television court shows that depict the excitement and suspense of a criminal court room ? If you have done either, than you probably have some idea of some of the aspects of the criminal process. The criminal courts in the United States, and the juries who decide criminal cases, play an important role in shaping our society, The jury is important for several reasons. Historically, it has protected defendants against government abuse of power. It is also regarded as a quintessential democratic institution that educates the public. The possibility of a jury trial shapes prosecutorial decision making in many ways, and jury verdicts send a message to many parties about the outcomes they can expect in civil and criminal cases. In this unit we will analyze the role that criminal courts play in our society, and the role that juries play in the criminal court system.

Unit 9 Discussion (2 of 4) Courts and Juries Unit Outcomes: Analyze how criminal courts operate in our society (DQ) Examine adversarial and consensual models of the criminal court system (Activity) Analyze the pros and cons of plea bargaining (Seminar) Examine the role played by juries in the criminal court system (Writing assignment)

Unit 9 Discussion (3 of 4) Courts and Juries Discussion Scenario: Plea bargaining is a situation where a guilty plea is given in a criminal case on a lesser charge than what the alleged offender is originally charged with by the prosecutor. This week’s reading discusses several reasons why defendants might desire pleas bargains, including : plea bargains allow defendants to avoid the uncertainty of what the sentence might be if they were convicted after a trial and, in particular, to receive a more lenient sentence than they would receive if convicted at trial. Despite the benefits of plea bargaining, critics say that plea bargaining constitutes “secret justice” and that in effect coerces defendants into pleading guilty because they realize that a more severe sentence awaits if they request a jury trial. In this week’s seminar we will discuss the reasons why a defendant might prefer a plea bargain rather than going through a trial; and weigh the pros and cons of plea bargaining.

Unit 9 Discussion (4 of 4) Courts and Juries Extra! Extra! Let’s briefly review a history of Jury Nullification: http://isil.org/resources/lit/history-jury-null.html

Unit 9: To Do Below is a summary of your assignments for this week. As you know, all of these assignments must be completed before the end of this lesson week. Unit # and Title Learning Activities Assessments Unit 9: Courts and Juries Read Chapter 9 in Barkan’s Law and Society - Take the Self Check Visit the resources in ExtraExtra ! Review Key Terms   Attend the Weekly Seminar Respond to Discussion Board Complete the Activity Complete and submit the assignment

Adjourn Have a great week… “See” you on the Discussion Boards