Discussion (1L): Criminal Legal Histories

This seminar will trace the roots of four critical aspects of the American criminal justice system: jury independence and the power of jurors to render verdicts according to conscience; plea bargaining and the marginalization of juries; penitentiaries and the displacement of other forms of punishment; and the criminalization of recreational drugs. Though modern criminal justice policy will inform our conversation, the readings will be historical with an emphasis on primary source documents. We will examine the forces driving legal evolution and the historian's tools in mapping those forces. Class meets 6:30 PM-8:30 PM on Sept. 28, Oct. 12, Oct. 19, Nov. 2.