Fall
2010
POLS 317 Judicial Process
The judicial 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 judicial 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 judicial
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?
T 6:00 – 8:40pm DU 459
Instructor: Artemus Ward
Office: 405 Zulauf Hall Office Phone: 815-753-7041
E-mail: aeward@niu.edu
– Best way to reach me. Website: http://polisci.niu.edu/polisci/faculty/ward/
Office Hours: T
1:30pm-4:30pm & by appointment
Required Texts:
Braman, Eileen, Law, Politics & Perception: How Policy
Preferences Influence Legal Reasoning (
Corley, Pamela C., Concurring Opinion Writing on the
In-Class Films:
Roshomon (1950). The bad news is that a crime is committed in
ancient
The Wrong Man (1956). Never borrow on your wife’s insurance policy. I
don’t care how bad her teeth are! Directed by Alfred
Hitchcock. Starring Henry Fonda and Vera Miles.
105 minutes.
Twelve Angry Men (1957). Why no juror should ever have tickets to the
ballgame in his pocket. Directed by Sidney Lumet (Academy Award
Nominations—Best Director; Best Picture). Starring Henry
Fonda. 96 minutes.
To Kill a
Mockingbird (1962). What kind of man are you? Directed by Robert
Mulligan (Academy Award Nomination—Best Director; Best Picture). Starring Gregory Peck (Academy Award Winner--Best Actor). 129
minutes.
The Paper
Chase (1973). You have to choose
between the girl you love and the diploma you've worked for all your life. You
have 30 seconds. Directed by James L. Bridges.
Starring Timothy Bottoms, Lindsay Wagner, and John Houseman (Academy Award
Winner—Best Supporting Actor). 111 minutes.
Gideon’s Trumpet (1980). Should you have the right to an attorney? Starring Henry Fonda, Jose Ferrer, and
John Houseman. 104 minutes.
The Firm (1993). A young lawyer joins a prestigious law firm. Was
the signing bonus worth it? Directed by Sydney Pollack.
Starring Tom Cruise, Gene Hackman,
and Holly Hunter. 154 minutes.
A Civil Action (1998). Justice has its price. Directed
by Steven Zaillian. Starring John Travolta and
Robert Duvall (Academy Award Nomination—Best Supporting Actor). 115 minutes.
The Supreme Court Visitor’s Film (2001). Brief documentary on the functioning of
the Court, including interviews and discussion with the final
Real Justice,
Parts I & II (2000). A riveting PBS Frontline documentary
about the American criminal justice system. We are treated to virtually total
access of all elements of the process. Thanks to wireless microphones worn by
lawyers, police officers, and judges, we can hear them discussing the details
of various cases, consulting with victims and witnesses, counseling and
educating clients and, not least, cutting deals. Part I: 90 minutes. Part II: 60 minutes.
Milk (2008). The beginning of Dianne
Feinstein's political career. Sean Penn (Academy Award Winner-Best
Actor), Josh Brolin (Academy Award Nomination-Best
Supporting Actor).
Course Requirements:
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Mid-Term Exam There will be one midterm exam. It will be an objective
test consisting of multiple choice and true/false questions about the
lectures, films, and readings. There will be 25 questions and you will have
30 minutes maximum to complete the exam once you start. It will be available
through Blackboard for a 24-hour period. Make sure you use a reliable
computer to take the mid-term. I suggest using a computer on-campus. The
mid-term cannot be made up under any circumstances. |
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Moot Court Oral Argument Exercise and Paper We will hold simulated Supreme Court oral
arguments for one case toward the end of the semester. Well before the moot
court, I will ask each of you to choose to be either a justice or an
attorney. Everyone is required to participate by choosing to play an attorney
for the petitioner, attorney for the respondent, or a particular, current,
Supreme Court justice. For each case there will be 2 attorneys, one for each
side, and up to nine justices. The moot court paper will be based on your
role. If you play a justice, you are to write a “bench memo” which is
basically an opinion tentatively deciding the case the way that “your
justice” would decide it (more info on this below). If you are an attorney,
your paper will be in the form of a legal argument as to why your position is
correct and your opponent’s argument is incorrect. Failure to attend your
scheduled oral argument will result in a failing grade for the assignment. No
exceptions. Attorneys: The responsibilities of the attorneys
will be to prepare an oral argument. Each attorney should come to the oral
argument with a detailed brief (3-5 pages) of the argument he or she wishes
to make. The brief must consist of a discussion of each of the precedents you
are assigned to read. Begin with an introduction stating your argument. Then
go through each precedent. You should state what the Court said in the past
case and explain how it is relevant to your position on the current case.
Majority opinions are most important, but concurrences and dissents from past
cases may also be helpful to your argument. Address every opinion that you
are assigned to read. Your conclusion reiterates the argument you made in the
body of your brief. Hand in a copy of your brief to the instructor at the
start of class. Justices: The responsibility of the justices is
to identify the key questions that the justice they are “playing” would be
most concerned about. Each justice should prepare a "bench memo" of
4-5 pages outlining what the justice thinks the key issues and the questions
the justice will want the attorneys to address. Each justice must ask at
least two questions during the oral argument. Each justice will hand in a
copy of their bench memo to the instructor at the start of class just before
oral argument begins. Bench Memo: This 4-5 page paper outlines the key
issues in the case and the questions they raise. You are writing it as if you
were the justice you are portraying. The memo should be structured with an
introduction, body, and conclusion. The introduction should identify the key
issues and questions they raise—and perhaps a tentative answer if you wish.
The body should be a discussion of the precedents you are assigned to read.
Go over each case: what was the Court’s holding? What was the reasoning of
the majority? When applying that reasoning to the current case, what
questions are raised? You may also want to provide your own answer (that is
as the justice you are playing) to these questions – in essence a preliminary
determination of the case. Focus on majority opinions, but also address the
concurrences and dissents we read and discussed in class. The conclusion
should reiterate the key issues, the questions they raise, and possibly your
initial resolution to the dispute. Bring a copy of your bench memo to hand in
to the instructor at the start of class. Oral Argument Questions: Each justice must ask
at least 2 questions during oral argument. You should already have these
questions (and more) in your bench memo. Listen to the oral argument
carefully and make sure your question comes at an appropriate time in the
argument. To listen to how this works in the U.S. Supreme Court, hear oral
arguments at www.oyez.org. Asking only one question
will result in one full-grade deduction on your paper. Failure to ask any
questions will result in two full-grade deductions on your paper. Procedure: Each attorney will have up to, but
not more than 30 minutes to present his/her argument. The Chief Justice is in
charge of oral argument and will keep the time. At the start, the Chief
announces, “We will now hear arguments in (name of the case). We will hear
from counsel for the petitioners.” The petitioner is always the name listed
first on the case. For example, in Roe v. Wade, the petitioner (the person
bringing the case to the Court) is Roe. The attorneys always begin the
argument by stating “Mr./Madam Chief Justice and may
it please the Court . . .” Toward the end of the argument, the attorneys may
choose to save some of their time for rebuttal, by announcing “I would like
to reserve the balance of my time.” After hearing from the petitioners, the
Chief Justice will announce, “We will now hear from the respondents” giving
them 30 minutes total as well. The respondents may also reserve the balance
of their time for rebuttal if they choose. After the argument concludes, the
Chief announces, “The case is submitted.” For the oral argument, attorneys should not
simply read from their outlines. The justices will constantly interrupt to
ask questions; justices should take care to allow the other justices to
finish asking their questions and the attorneys to respond for asking their
own questions. In short, be respectful of others. The oral arguments will be presented in separate
sessions toward the end of the semester. You are only required to attend the
session you are assigned to. However, you may also attend other sessions and
observe if you choose. You may even be able to participate in other moot
courts if there is space… For justices grading of the oral argument
exercise will be based primarily on your written work. However, excellent
oral participation can compensate for shortcomings in the paper, but only at
the discretion of the instructor. Justices will want to discuss each required
precedent and how it relates to the current case. In this sense, the bench
memo is like a preliminary opinion. For example, if you are “playing” Justice
Sandra Day O’Connor, you would write the bench memo as if you were her
analyzing and possibly tentatively resolving the case. Explain how past
cases/opinions give rise to questions and, if you choose, help you
tentatively resolve the current case. Each justice must also ask two
questions. Failure to do this will negatively affect your moot court grade. For lawyers the grade will be based primarily on
the oral presentation. Lawyers should focus on how past cases apply to the
current case. Attorneys should realize that they will be answering questions
more than giving a speech. |
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Field Observation & Report An important part of learning is experience. In
this course you are required to participate (attend, observe, and possibly
interact in) at least one aspect of the judicial process. It is your
responsibility to arrange this. Past students have observed court
proceedings, visited law firms and spent the day with an attorney, done ride-alongs with police officers, and visited jails. There are
other opportunities as well. You many NOT use your own personal involvement
with the legal process—for example if you are pulled over for speeding, cited
for underage drinking, or indicted for running a money-laundering operation
in the Caymen Islands—for this assignment. If you
are unsure whether your field observation will be acceptable, please discuss
it with me first. The field report must address four topics: 1) a personality
you observed (a particularly charismatic or intriguing person) noting the
leadership skills, rhetoric, and emotion, if any that are exhibited; 2) the process
(what procedure took place in public, and even behind the scenes); 3) how justice was
either further or inhibited (possibly both) by what you observed; 4) and a discussion of how what you observed relates to the
course material (lecture, readings, films, etc.) “A” papers cover all four topics well. “B”
papers cover three of the four topics. “C” papers cover two of the four
topics. This write-up should be 3-4 pages long (typed double-spaced). We will
briefly discuss your reports at the end of the semester. All papers are due
on the first day of in-class discussion of the field reports. Check the
syllabus for the due date. |
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Final Exam The exam will cover the course material that was
assigned since the mid-term and will be on-line through Blackboard following
the same format as the mid-term exam. |
Grading System:
Final grades
will be determined by the following scale:
90-100 = A
80-89 = B
70-79 = C
60-69 = D
0-59 = F
|
... |
% of Total Grade |
|
Mid-Term Exam |
30% |
|
Moot Court Oral Argument Exercise |
20% |
|
Field Observation & Report |
20% |
|
Final Exam |
30% |
|
Total= |
100% |
1. Extracurricular Activities - It is your
responsibility to notify me in advance of any activities that will disrupt your
course participation. If your activities make it impossible for you to fully
participate in this course, you should consider withdrawing.
2. Late Work - Anything turned in late
will be marked down one-third grade for every day it is overdue. Exceptions are
made only in the most extraordinary circumstances and I will require some sort
of documentation to make any accommodation.
3. 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.
4. Undergraduate Writing Awards - The
Department of Political Science will recognize, on an annual basis, outstanding
undergraduate papers written in conjunction with 300-400 level political
science courses or directed studies. Authors do not have to be political
science majors or have a particular class standing. Winners are expected to
attend the Department's spring graduation ceremony where they will receive a
certificate and $50.00. Papers, which can be submitted by students or faculty,
must be supplied in triplicate to a department secretary by the end of
February. All copies should have two cover pages - one with the student's name
and one without the student's name. Only papers written in the previous
calendar can be considered for the award. However, papers completed in the
current spring semester are eligible for the following year's competition even
if the student has graduated.
5. Statement Concerning Students with
Disabilities - Under Section 504 of the Rehabilitation Act of 1973, NIU is
committed to making reasonable accommodations for persons with documented
disabilities. Those students with disabilities that may have some impact on
their coursework and for which they may require accommodations should notify
the Center for Access-Ability Resources (CAAR) on the fourth floor of the
6. Department of Political Science Web
Site - Undergraduates are strongly encouraged to consult the Department of
Political Science web site on a regular basis. This up-to-date, central source
of information will assist students in contacting faculty and staff, reviewing
course requirements and syllabi, exploring graduate study, researching career
options, tracking department events, and accessing important details related to
undergraduate programs and activities. To reach the site, go to http://polisci.niu.edu.
Week 1 T Aug 24
·
Lecture 01:Introduction, syllabus review.
Week 2 T Aug 31
·
Lecture 02: Courts, Politics, and Justice.
·
·
Film: Roshomon
(1950)
Week 3 T Sep 7
·
Lecture 03: The Legal Profession I:
·
·
Film: The Paper Chase (1973)
Recommended Reading
List: Recommended Reading List: John Jay Osborn, The Paper Chase (Boston:
Houghton Mifflin, 1971); Scott Turow, One L
(New York: Putnam, 1977); Lawrence Dieker, Letters
from Law School: The Life of a Second Year Law Student (Lincoln, NE:
Writers Club Press, 2000); Anthony Lewis, Gideon’s Trumpet; Gerald
Stern, The Buffalo Creek Disaster.
Week 4 T
Sep 14
o
Lecture 04:
The Legal Profession II: Lawyers & Law Practice
o
o
Film: The Firm (1993)
Week 5 T
Sep 21
·
Lecture 05: The Organization of Courts
·
·
Film: Gideon’s Trumpet (1980)
Week 6 T Sep 28
·
Lecture 06: Choosing Judges I – State Courts and Lower Federal Courts
·
·
Film: To Kill a Mockingbird (1962).
Week 7 T
Oct 5
·
Lecture 07: Choosing Judges II – The Supremes
·
·
Film: The Supreme Court’s Visitor’s Film (25 min)
Week 8 T Oct 12
·
Lecture 08: Civil Procedure
·
·
Film: A Civil Action (1998).
Recommended
Reading List:
Week 9 T Oct 19
·
Lecture 09: Criminal Procedure
·
·
Film: The Wrong Man (1956)
Mid-term
exam will be available on-line for a 24-hour period starting at the end of
class.
Week 10 T Oct 26
·
Lecture 10: Trials.
·
·
Film: Twelve Angry Men
(1957).
Week 11 T Nov 2
·
·
Film: Milk (2008).
Week 12 T Nov 9
·
·
Moot Court Exercise Group #1 6:00-7:15pm: 30 min. each side (60 min. total); 15
min. for judges to deliberate and vote. Group #2 7:30-8:45pm:
30 min. each side (60 min. total); 15 min. for judges to deliberate and vote.
All Moot
Court papers are due today for Groups #1 and #2.
Week 13 T Nov 16
·
·
Moot Court Exercise Group #3 6:00-7:15pm: 30 min. each side (60 min. total); 15
min. for judges to deliberate and vote. Group #4 7:30-8:45pm:
30 min. each side (60 min. total); 15 min. for judges to deliberate and vote.
All Moot
Court papers are due today for Groups #3 and #4.
Week 14 T Nov 23
·
Lecture 11: Appeals
·
·
Film: Real Justice (Part I).
·
Field Report Discussion: Police & Jails – If you observed/participated in
policing or corrections, we would like you to discuss your experience in class.
Week 15 T Nov 30
·
Lecture 12: Judicial Decision Making
·
·
Film: Real Justice (Part II).
·
Field Report Discussion: Attorneys,
Courts & Judges -- – If you observed/participated in the work of attorneys,
the court system, and/or the judging process, be prepared to discuss your
experience in class. We will also hear from those who have yet to share their
experiences.
All Field Report papers are due
today.
Week 16
Final exam will be available on-line for a 24-hour period
beginning T Dec 7 at 6pm.