LS170 Module 21 Problem-2
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University of California, Berkeley *
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Course
170
Subject
Law
Date
Feb 20, 2024
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docx
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8
Uploaded by jasminejohnson373732
Difficult Question for Module 21
After two unsuccessful attempts – Prop. 34 in 2012 and Prop. 62 in 2016 - The Coalition to Abolish the Death Penalty wants to try again and place an initiative on the ballot that will abolish capital punishment in California. Spend some time with your group researching Prop. 34 and Prop. 62. Why do you think these propositions failed? What, if anything, has changed in California? How do you think the Coalition should frame its bid for abolition this time around?
Difficult Questions for Module 22
1.
Your group is tasked with designing a study that gauges public opinion about formerly incarcerated people. You want to find out how prevalent the stigma is and how one could go about addressing it. Please come up with five (5) questions you would like to ask in your survey. 2.
Throughout the 2010, many states enacted “Ban the Box” laws, which forbid state and government employers from including questions about criminal history in their initial recruitment forms. The intent behind “Ban the Box” is to give people with criminal records a fighting chance in the job market.
In June 2016, a large experimental study was published by Amanda Agan and Sonja Starr
on the racial gap in callback rates of employers to job applicants of different racial backgrounds in New Jersey and New York City before and after Ban the Box laws went into effect. Agan and Starr sent out 15,000 fictitious online job applications to companies in those areas with racially stereotypical names on the job applications. Prior
to the implementation of Ban the Box laws in New Jersey and New York City, the gap in the callback rate between the job applications with stereotypically black names and stereotypically white names was 7 percent. After the implementation of Ban the Box laws, the racial gap in the callback rate increased to 45 percent. Similarly, a July 2016 study by Jennifer L. Doleac and Benjamin Hansen found that in jurisdictions where Ban the Box laws have been implemented, the probabilities of young, non-college educated, black and Hispanic males being employed have declined.
How do you explain these findings? What can be done to address them?
Difficult Question for Module 23
Along with your group, search the Internet and find three (3) programs or policies that address the hardships of families of incarcerated people. Think:
a.
What is the problem this program targets?
b.
How does the program help families?
c.
Can you think of improvements to the program that you would like to see implemented?
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Difficult Question for Module 24
1.
A common version of the Miranda warnings reads as follows:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
Linguistic pathologists have found that many juveniles simply do not understand what the warnings mean. Can you try and figure out what the problems might be? And, can you rewrite the Miranda warnings in plain English, in a way that an average teenager can understand them?
2.
On May 31, 2014, in Waukesha, Wisconsin, two 12-year-old girls, Anissa Weier and Morgan Geyser, lured their friend Payton Leutner into a forest and stabbed her 19 times
in an attempt to appease the fictional character Slender Man (a horror character from a website called creepypasta.) Leutner crawled to a road where she was found, and recovered after six days in the hospital. If you were to advise the D.A. about the appropriate disposition of this case, what would
you recommend?
Difficult Question for Module 25
In Padilla v. Kentucky
(2011), the Supreme Court held that defense attorneys must provide their clients with advice on the clear immigration consequences of their convictions. Consider the following possibilities with your group members:
1.
You are consultants for the California legislature on the extent to which noncitizen defendants have benefitted from the Padilla
ruling, with an emphasis on whether defense attorneys have the requisite expertise. What research design will you pick? Who
will you survey or interview, and what questions will you ask? What data do you need, and where will you obtain it? What might be the implications and policy recommendations of such a study?
2.
Take some time and research with your group three (3) other types of collateral consequences of conviction. Consider whether they are justified or overbroad; also, consider whether the holding in Padilla
should be expanded to notifications of other collateral consequences.
Difficult Question for Module 26
ZOOM
Your client, Ralph, has been incarcerated for 30 years for the first-degree murder of Augie. Ralph and Augie met at a wilderness program for at-risk youth and got into a heated argument over the use of a payphone. The argument escalated and Augie pushed Ralph in front of the other kids, who jeered at him. The humiliated Ralph grabbed a tree branch and hit Augie on the head, killing him instantly.
In the early years of his incarceration, Ralph felt anger over the situation. He said that Augie
was a bully who beat up the other kids in the program and ridiculed them. He explained that, when Augie pushed and humiliated him, he felt a blinding rage: “I just didn’t want him to be there anymore. I’d had enough.” But over the years, Ralph came to a more mature understanding of what happened and reflected on his poor anger management skills. He also developed a more balanced perspective on Augie, understanding that, like him, Augie was a teenager caught in the system and was also misdirecting his own fears and frustrations. Now, at age 46, he completed several anger management programs, has maintained a prison record free of disciplinary write-ups, and is active in several rehabilitation programs. He also stays in touch with his mother and two sisters.
Ralph thinks back on the murder with great pain. In anticipation of his next parole hearing, he wants to reach out to Augie’s family, express his remorse, and apologize to them. How do you think you should approach this process? What hurdles might you encounter? What can be accomplished, both for Ralph and for Augie’s family, and what are the risks?
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Difficult Questions for Module 27
ZOOM
The California legislature has tasked a team of economists with setting an appropriate structure for statutory compensation for exonerees. Your mission is to come up with a formula for calculating a dollar amount and figure out how it should be paid. Please take into account the following questions:
a.
Should all exonerees be paid the same amount?
b.
Should it matter how long the exoneree was wrongfully incarcerated?
c.
Should it matter, and to what extent, whether the wrongful conviction was due to a miscarriage of justice by law enforcement, the prosecution, or the courts?
d.
How much, if at all, should the exoneree’s age factor into the compensation?
e.
Should the money be paid in a lump sum or in installments? If so, how should the installments be distributed?
f.
Should the exoneree’s future prospects (education/employment/family support) be factored into the amount?
g.
How much do you think is a fair payout?
Difficult Question for Module 28
Every year, the true crime community comes together for CrimeCon, a two-day event that brings together law enforcement agents, podcasters, victims’ families, and true crime fans. In preparation for this event, your group would like to come up with a set of ethical principles for true crime podcasting that will be acceptable to all these constituents. Among other things, consider the following:
1.
Tone of reportage
2.
Interference with criminal investigation
3.
Due process for suspects and other people featured in the podcasts
4.
Concerns about listener sensitivity
5.
Respect for victims