AMERICAN CRIMINAL LAW: RECENT DEVELOPMENTS

Crediti: 
6
Settore scientifico disciplinare: 
DIRITTO PENALE (IUS/17)
Anno accademico di offerta: 
2016/2017
Semestre dell'insegnamento: 
Secondo Semestre
Lingua di insegnamento: 

Inglese

Programma esteso

10. Class 10 Monday, April 3 (11:30-1:30)
The death penalty in the United States
Readings for class:
Sunstein and Vermeule, Is Capital Punishment Morally Required? http://www.law.uchicago.edu/files/files/239.crs-av.capital-punishment.pdf
A Death Penalty Puzzle, http://www.washingtonpost.com/wp-dyn/content/article/2008/06/29/AR200806...
Vitiello, Personal Reflections on Connick v. Thompson, http://moritzlaw.osu.edu/students/groups/osjcl/files/2013/12/11.-Vitiell...
Furman v. Georgia, https://supreme.justia.com/cases/federal/us/408/238/case.html. (In reading this case, you should realize that none of the justices has a majority for his reasoning. The Court struck down the death penalty as applied as of 1972. But notice that, for example, Justices Stewart and White disagreed with the other justices in the majority on why it was unconstitutional.)
Coker v. Georgia, https://supreme.justia.com/cases/federal/us/433/584/case.html
Consistent with Coker, how should a court decide a case presenting facts laid out in the material that appears below at pages 4-5?
Topics for discussion: What are the arguments for and against the death penalty? Who has the better side of the argument, those who support it or those who oppose it? In connection with Furman v. Georgia, assume that you were a legislator intent on enacting new legislation that would be constitutional. How could you draft legislation that would satisfy Justice White or Justice Stewart? The Coker Court is interpreting the Eighth Amendment to the Constitution. What principle supports Justice White’s lead opinion in that case?

11. Class eleven: Tuesday, April 4 (4:30-6:30)
More on the death penalty
Readings for class:
Atkins v. Virginia, https://supreme.justia.com/cases/federal/us/536/304/case.html
Roper v. Simmons, https://supreme.justia.com/cases/federal/us/543/551/opinion.html
Enmund v. Florida, https://supreme.justia.com/cases/federal/us/458/782/case.html
Consistent with Enmund, how should a court decide a case presenting facts laid out in the material that appears below at pages 5-7?

12. Class twelve: Thursday, April 6 (11:30-1:30)
Still more on the death penalty
Readings for class:
Hurst v. Florida, https://www.supremecourt.gov/opinions/15pdf/14-7505_5ie6.pdf
Consistent with Hurst v. Florida, how should a court decide a case presenting facts laid out in the material that appears below at pages 7-8?

13. Class thirteen: Wednesday, April 26 (10:30-12:30) Aula IV
Mass incarceration in the United States
Reading:
Interview with Professor Michelle Alexander, http://www.pbs.org/wgbh/frontline/article/michelle-alexander-a-system-of...
Review of John Pfaff’s book Locked In, https://www.themarshallproject.org/2017/02/09/everything-you-think-you-k...
Report on prison population, http://www.pewtrusts.org/en/research-and-analysis/analysis/2017/01/12/us...
Read the excerpt from John Pfaff’s book that you will find at pages 8-22 in this section of the syllabus.
Topics for discussion: What caused mass incarceration? Is it a good thing? Does mass incarceration protect the public?

14. Class fourteen: Thursday, April 27 (11:30-1:30)
More on mass incarceration
Readings for class:
Hutto v. Davis, https://supreme.justia.com/cases/federal/us/454/370/case.html
Solem v. Helm, https://supreme.justia.com/cases/federal/us/463/277/case.html
Ewing v. California, https://scholar.google.com/scholar_case?case=6898534424588461966&q=ewing...
Read and prepare the exercise that you will find at pages 22-26 in this section of the syllabus.
Topics for discussion: As you saw when we discussed the death penalty, the Court has interpreted the Eighth Amendment as including something like the equivalency principle (a life for a life). Does the Cour