Four of these questions will appear on the take-home exam. There will not be a choice of questions. You will be asked for an answer not exceeding 800 words for each question. Answers will be evaluated primarily on demonstrated mastery of the course material.
The exam will be distributed during class on May 1. It will be due in my office by 6 pm on Monday, May 5.
I will be available to answer questions about the course materials or to clarify the study questions at any time before the exam is distributed. I will not answer such questions after distribution of the exam. I will be in my office every day (except Friday, 4/25) from about 9 am - 6 pm; you may also leave a phone message (885-2955) at any time.
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1. In light of relevant course readings, evaluate the effectiveness and desirability of deterrence as a punishment strategy.
2. Compare the views of Leff and Luban on the purpose of the adversary system.
3. To what extent can the principle of non-exclusion of citizens from jury duty explain current jury selection law? What do you think accounts for the features of the law not explained by non-exclusion?
4. One of the functions claimed for criminal punishment is an expressive or condemnatory function. What are the implications of this view for the setting of penalty levels?
5. Several writers criticize the current system of punishment for its differential effects on the disadvantaged. Is this a valid criticism? If so, what should be done to address it?
6. Currently, insanity acquittees may typically be held until they are determined to be "no longer dangerous." Should a similar standard be applied to all those convicted of crimes? Consider Norval Morris's arguments.
7. Describe and evaluate Langbein's analogy between plea bargaining and torture.
8. What are the principal areas of disagreement between Miller and Wilbanks on the extent of racism in the justice system? What are the sources of these disagreements? How might they be resolved?
9. Sampson and Wilson argue that "macrosocial patterns of residential inequality give rise to the social isolation and ecological concentration of the truly disadvantaged, which in turn leads to structural barriers and cultural adaptations that undermine social organization and hence the control of crime." Explain this thesis in your own words, explaining each of the key terms and the postulated relationships among them.
10. Holmes argues that civil forfeiture under the CFRA is reasonable and justified. Evaluate his argument in light of Cheh's criticisms.