race, class, & the pretrial context: study questions according to recent scholarship on bail,...

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Race, Class, & Race, Class, & the Pretrial the Pretrial Context: Context: Study Questions Study Questions According to recent scholarship on bail, According to recent scholarship on bail, pretrial release, and plea bargaining, how does pretrial release, and plea bargaining, how does race and ethnicity matter? (Gabbidon and Green race and ethnicity matter? (Gabbidon and Green pp. 150-152; 154-155) pp. 150-152; 154-155) According to the U.S. Supreme Court the jury According to the U.S. Supreme Court the jury is, “the criminal defendant’s fundamental is, “the criminal defendant’s fundamental protection of life and liberty against race and protection of life and liberty against race and color prejudice,” yet, why does David Cole color prejudice,” yet, why does David Cole (pp.101-126) that racial discrimination in jury (pp.101-126) that racial discrimination in jury selection remain a reality today? selection remain a reality today?

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Page 1: Race, Class, & the Pretrial Context: Study Questions  According to recent scholarship on bail, pretrial release, and plea bargaining, how does race and

Race, Class, &Race, Class, & the Pretrial Context: the Pretrial Context:Study QuestionsStudy Questions

According to recent scholarship on bail, pretrial release, According to recent scholarship on bail, pretrial release, and plea bargaining, how does race and ethnicity and plea bargaining, how does race and ethnicity matter? (Gabbidon and Green pp. 150-152; 154-155)matter? (Gabbidon and Green pp. 150-152; 154-155)

According to the U.S. Supreme Court the jury is, “the According to the U.S. Supreme Court the jury is, “the criminal defendant’s fundamental protection of life and criminal defendant’s fundamental protection of life and liberty against race and color prejudice,” yet, why does liberty against race and color prejudice,” yet, why does David Cole (pp.101-126) that racial discrimination in David Cole (pp.101-126) that racial discrimination in jury selection remain a reality today? jury selection remain a reality today?

Page 2: Race, Class, & the Pretrial Context: Study Questions  According to recent scholarship on bail, pretrial release, and plea bargaining, how does race and

Race, Class, &Race, Class, & Sentencing: Sentencing:Study QuestionsStudy Questions

Why did the Supreme Court rule against Warren Why did the Supreme Court rule against Warren McCleskey’s claim of racial discrimination in the McCleskey’s claim of racial discrimination in the imposition of his death sentence? How does Wilburn imposition of his death sentence? How does Wilburn Dobbs’s case demonstrate how difficult it is for capital Dobbs’s case demonstrate how difficult it is for capital defendants’ to meet the standard the Court imposed in defendants’ to meet the standard the Court imposed in McCleskey? (Cole pp.134-137)McCleskey? (Cole pp.134-137)

Why does David Cole conclude that the McCleskey Why does David Cole conclude that the McCleskey decision extends beyond the criminal justice system itself decision extends beyond the criminal justice system itself and into questions concerning the limits of “obtaining and into questions concerning the limits of “obtaining judicial relief” for racial inequality? (Cole pp.137-141)judicial relief” for racial inequality? (Cole pp.137-141)

What were the major findings of the U.S. Sentencing What were the major findings of the U.S. Sentencing Commision’s Report “Cocaine and Federal Sentencing Commision’s Report “Cocaine and Federal Sentencing Policy”? (Gabbidon and Green pp.188-189)Policy”? (Gabbidon and Green pp.188-189)

How did the Georgia Supreme Court echo the Supreme How did the Georgia Supreme Court echo the Supreme Court’s McCleskey ruling when it upheld the state’s “Two Court’s McCleskey ruling when it upheld the state’s “Two strikes and you’re out” drug sentencing policy?strikes and you’re out” drug sentencing policy?

Page 3: Race, Class, & the Pretrial Context: Study Questions  According to recent scholarship on bail, pretrial release, and plea bargaining, how does race and

Race, Class, and the Politics of Sentencing:Race, Class, and the Politics of Sentencing:Study QuestionsStudy Questions

http://www.sentencingproject.org/pdfs/brownvboard.pdfhttp://www.sentencingproject.org/pdfs/brownvboard.pdf

Why did the election of Ronald Reagan in 1980 result in a Why did the election of Ronald Reagan in 1980 result in a dramatic punitive turn in American criminal justice? dramatic punitive turn in American criminal justice? (Gabbidon and Green pp.171-175)(Gabbidon and Green pp.171-175)

Page 4: Race, Class, & the Pretrial Context: Study Questions  According to recent scholarship on bail, pretrial release, and plea bargaining, how does race and

Race, Class, & Crack Sentencing:Race, Class, & Crack Sentencing:Discussion QuestionDiscussion Question

Why is possession of crack cocaine Why is possession of crack cocaine punished 100 times more severely punished 100 times more severely than possession of powder cocaine? than possession of powder cocaine? Do you agree with this law?Do you agree with this law?

No qualitative differences between the drugsNo qualitative differences between the drugs Poor blacks are overwhelmingly prosecutedPoor blacks are overwhelmingly prosecuted 11 of 21 Black Congressmen voted in favor 11 of 21 Black Congressmen voted in favor

of the 100-1 crack-powder differentialof the 100-1 crack-powder differential