1. Explain the difference between rights which exist de jure and those which exist de facto.
2. What is the meaning of “separation of powers” and how does it operate to balance authority within the criminal justice system?
3. What is the “power of judicial review”? How was it used in the Scottsboro case?
4. Why have people referred to the Constitution as Sleeping Beauty?
5. What are the “fundamental fairness” doctrine and the “incorporation doctrine”? Explain how these legal theories have impacted the struggle for justice in the United States.
6. Describe the pattern of under-enforcement of the criminal law for black citizens. Why is this a form of racial discrimination?
7. What does it mean to say that lynching was used as a tool of social control by whites over black citizens?
8. What does Michelle Alexander mean when she says today’s criminal justice system is the new Jim Crow?
9. Why does racism within the administration of justice challenge the legitimacy of our legal system?
10. Describe the pattern of under-enforcement of the criminal law in the area of male violence toward women.
11. How is rape used as a tool of social control by men over women?
12. Identify two reforms that have increased prosecution of males who commit violence against women.
13. Describe the law of consent and discuss why it is so important in the prosecution of rape. Do you think proving the absence of consent should be removed as a requirement in rape cases? Do you believe affirmative consent on college campuses is an effective policy?
14. What is mandatory arrest and why is it controversial?
15. Describe the legal change that you believe has had the greatest impact on women’s victimization. Why?
16. What characteristics in men put them most at risk of being victims of crime? At risk of being perpetrators of crime?
17. Give an example of how intersectionality, or multiple aspects of one’s identity, impacts treatment by the criminal justice system. Explain.