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LSPL 101— INTRODUCTION TO LEGAL SYSTEMS
Course Syllabus
Fall 2016 Semester
Course Time: Credit Hours: Professor: Office Location: Office Hours:
E-Mail: Telephone:
Thursday, 6:00-8:30 p.m.
Three (3)
Dr. John David Smith
Marsh Hall 107B
M — 2:00 - 3:00 pm
T — 6:00 — 7:00 pm
R — 3:00 — 6:00 pm
F — 2:00 — 3:00 pm
(Other times are available as needed.)
(304) 384-5218
Research Assistant: Tyler Gordon
(304) 673-7162
Office Hours:
Marsh Hall 107
M 10:00-12:00 am
W 10:00-12:00 am
R 3:30-6:00 pm
Text:
West's Business Law Alternate Edition Jentz, Miller, Cross, West Publishing.
Supplemental Readings:
Catalog Description:
Students will be expected to read and be prepared to discuss a current professional
journal article germane to the topic of the class. A summary of the article, with the
correct citation, should be brought to class. These will not be collected, but if called
upon you should be able to present the summary using IRAC format. Additionally,
supplemental readings may be assigned by the professor. Additional readings, if
assigned, can be found on the Blackboard page.
The nature of law and the judicial system. The relationship of law, government,
ethics and the consumer to business enterprise. Includes the study of contracts, law
of sales, torts, government regulation of business, environmental and consumer
protection.
Testing: Students will be given tests based on the material discussed in class and covered in
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the readings. The midterm and final will be planned exams. Additionally, there will
be three quizzes. Quizzes may be given in a variety of formats including, "spot the
issue". Quizzes will be given after the class break in the middle of the class or in the
last 30 minutes of the class.
Preparation:
IRAC's:
Salient Points Study Guide:
It is expected that each student will brief each case in the text so that the student is
able to give the case background, issue, rule, analysis, and conclusion, if called upon.
Although these will not be turned in, I will examine students' knowledge of the cases
in each class. Each time a lack of preparation is evident, points will be deducted from
the Informed Participation points.
In addition to being prepared to discuss an outside journal article and the cases from
the assigned chapters, students will be responsible for reading and IRAC'ing three (3)
cases found in professional journals, legal websites, or other reputable sources.
These three (3) IRACs cannot be of any cases in the text. Moreover, these IRACs will
be submitted to turnitin.com through the class Blackboard page. A paper copy will be
submitted in class on the day the paper is due by 6:00 pm. Anticipate that you may
have difficulty in submission or copying. Thus, it is prudent to prepare the assignment
well in advance of the submission date to insure that you meet the submission
deadline date. If a student does not submit a paper copy (in class) and an electronic
copy (to Blackboard), then the student will not receive credit for the assignment.
The student will develop an outline of the material discussed in class (similar to a
study guide). This resource may then be used to study for the tests and may be used
as resource for future classes or person edification. Therefore, it must include all
chapters covered with the most salient items covered. Please remember that while
all the information in the text is good to know, I will purposefully, focus on specific
items/topics. If I did not go over a section of the text in class then the content from
that section will not be tested. Of course, you are free to include those sections in
your outline if you choose (for future reference) bu you are not required to do so. This assignment is due on the day of the midterm ( 'points) and again on the day of the final (5 points).
S 0 Student
Responsibility: It is the responsibility of the student, if the student has been absent, to obtain any
materials distributed or information disseminated. The professor will not supply
these materials after they have been given out in class. It is also the responsibility of the student, should a test be missed, to arrange a make-up test immediately and at least before the next scheduled class. Make-up tests may be essay format.
Academic Dishonesty: Academic dishonesty including cheating or plagiarism on tests or assignments, will
not be tolerated, and will result in expulsion from the class with a grade of F and in
some cases further action may be sought. Students are expected to be familiar with
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and follow the Concord University Academic Dishonesty Policy.
"Academic dishonesty is morally unacceptable as well as destructive to the
learning and teaching atmosphere. Academic dishonesty includes the giving or
receiving of improper help on examinations or assignments, falsifying
documents, and plagiarism (the act of stealing and using, as one's own, the ideas
or the expression of the ideas of another). Such dishonesty can lead to a variety of penalties — including but not limited to failure of assignment, failure of
course, loss of institutional privileges, or dismissal from the University." Page 30,
2014-2016 Concord University Academic Catalog.
Concord Honor Code: "As a member of the Concord University Community I will act with honesty and
integrity in accordance with our fundamental principles and I will respect myself
and others while challenging them to do the same."
Grading Scale: A standard grading scale will be used:
900 - 1000 A
800 - 899 B
700 - 799 C
600 - 699 D
599 and belowF
Grading Points: Midterm Exam 150 points
Blackboard Blog/Study Guide 100 points
Final Exam 200 points
Quizzes (3 @ 100 pts.) 300 points
IRACs (3 @ 50 pts) (Not cases in the book) 150 points
Informed Participation 100 points
1000 points
Extra Credit:
Teaching Plan:
Each student may present an IRAC'ed case to the class. The case will not be read
to the class but will be digested so that it may be succinctly summarized and
explained to the class. Students may earn up to 10 extra credit points for
presenting a case.
The class is taught using the Socratic Method. Students are expected to read and
prepare two chapters ahead unless otherwise directed. Not all chapters may be
discussed in class but may be included in the examinations. This class will cover
the chapters through contracts and will include the UCC.
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Accommodation:
Students needing special accommodation or assistance should inform the professor at the beginning of the class and follow the proper procedure delineated in the 2010-2012 Student Handbook, pages 113-115.
Classroom conduct: This course is heavily reliant on discussion, which includes difficult dialogue at
times. This is an inclusive and safe classroom. All discussion points and questions
are valued; as such students are expected to treat one another and the professor
thoughtfully and with respect. Racist, sexist, homophobic or other pejorative or
discriminatory language will not be tolerated and students who insist on such
behavior will be asked to leave the classroom.
This course also includes material that may be difficult or make you uncomfortable. Learning new ideas and pushing yourself is part of the academic
process. However, if at any point you need to leave the classroom to collect yourself, you may do so, though you are still responsible for all content in this
course. You will also need to inform the professor at the end of class.
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Tentative Schedule: DATE TOPIC
Aug.
18 Introduction/Sexual Harassment/ADA/Confidentiality-Duty of Care/Current
Legal topics (email professor Class Project #1 that is attached).
25
Sept.
1 Quiz 1
8 IRAC 1
15
22
29
Oct.
6 FALL BREAK
13 MIDTERM
20
27 Quiz 2
Nov.
3 IRAC 2
10
17 Quiz 3
24 THANKSGIVING BREAK
Dec.
1
8 FINAL EXAM
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Getting the IRAC Right Intro to Legal Systems 101, Fall 2016
IRAC is an acronym for Issue, Rule, Application, and Conclusion. These are the four steps for
successfully outlining a court case. While an IRAC is simple to write, some students still struggle.
This will serve to help you by familiarizing you with some frequent errors and demonstrating
how best to avoid them.
• Background Info- Before writing your Issue section, include some brief background
details. Your background details should include names, dates, and circumstances. In
other words, include the facts of the case. Recount how the circumstances of the case
led to a legal dispute. Common errors in this section include both being too long and too
brief. Superfluous writing in the legal world is frowned upon. You should be as terse as
possible while including all relevant details needed to familiarize a stranger with the
case. Although not worth a substantial amount of points, it does help you avoid making
errors in the following sections, errors such as the inclusion of background facts where
they needn't be.
• Issue- This is arguably the simplest section, and students sometimes make mistakes by
writing too much. The Issue should be phrased as a single question, nothing more
nothing less. It should address the chief legal dispute that has arose. Once you
determine the issue of your case, answer it in your head. Does the answer put an end to
the dispute? If so, you have more than likely chosen a good issue. The trick to the Issue
section is not writing an eloquent analysis of the case, but being able to accurately
identify the single legal question at the heart of the matter. Also, be as specific as
possible. If your case has to do with murder, the issue is not whether or not it is legal to
kill someone. Oftentimes, for a particular case, the issue is much deeper and specific.
• Rule- This section provides the legal rule(s) that settle the issue. It is easy to ruin this
section by not having a correct Issue section. You will need to pinpoint the exact statute
that gives the law and include it. Many cases will not just have one law (rule). When
writing about the Rule, includes elements, definitions, defenses, exceptions, and
limitations when applicable. Move from the general to specific.
• Application- The application section is worth the most points; therefore, doing it
correctly is imperative. It is where you examine the issues raised by the facts in light of
the rule. Your statement of both the Issue and Rule sections will drive your organization
of the Application. You simply match up each element you have identified in the rule (in
order) with a fact. State how the facts of the case apply to the rules you have given. As
a tip, using the word "because" forces you to make the connection between rule and
fact." Words that rightly imply a cause an effect relationship can help you link the facts
to the rule, the chief purpose of the Application section.
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• Conclusion- This section is not difficult; however, some conclusions are better than
others. Be sure to conclude each issue before drawing your final overall conclusion. In
other words, make sure the case is presented, the rule(s) and the fact(s) are established,
and that they are tied to the rule(s). If you have completed all three prior sections and
have done them correctly, the conclusion will be the easiest part. There is no right or
wrong answer, only logical analysis based on the rule and the fact which lead to a
reasonable conclusion. Try to avoid a personal tone in this section. Some students will
use their own voice and instill their personal opinions into the conclusion. The
conclusion should be objective and logical
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Excellent (5)
IRAC Rubric Poor (2) Failing (1) Good (4) Fair (3)
Issue/Background Clearly
Facts (20%) captures the very essence
of the issue,
skillfully
incorporates
all relevant
elements of
the issue, lays
the foundation
for flawless
analysis.
Accurate, well
stated, concise, firm basis for
analysis.
Promising, but
slightly off
point, may ramble, may
make
assumptions.
Unclear with
possible vague
terms,
Provides little
basis for later
analysis.
Shows lack of
comprehension or completely
misses the point
or focuses on a
question in
which the
answer is
obvious, thus
providing no
basis for
analysis.
Rule (20%) Flawless
statement of
the black letter
law, includes
relevant and
novel laws.
Accurate, well
stated, relevant,
inclusive of all
rules referred to
in the analysis.
Accurate, well
stated, may
include some
extra rules or
not include
some novel
rules.
Only includes
key rules,
some rules
misstated.
Some obvious
sources
neglected
Analysis (40%) Skillfully
incorporates
law into a
smooth and
inevitable flow
of inarguable
logic, no gaps
in logical flow.
Thoughtful
exploration of
the issue,
alternatives
appropriately
explored, every
relevant element
explored.
Explores main
points of rules,
may get
slightly off
point, obvious
alternatives
explored, clear
reasoning.
Main points of
rules explored
but slightly off
point,
alternatives
poorly
explored,
some
reasoning
hard to follow.
Key elements of
rules ignored,
no exploration
of alternatives,
faulty reasoning.
Conclusion (20%) Concise,
accurately
sums up
discussion,
identifies
thoughtful
insights into
the application
of the rule to
the issue.
Straightforward
answer to the
question
presented in the
issue.
May restate
the obvious,
may include
needless
information.
Redundant,
introduces
new
information,
too short or
too long.
Fails to answer
question in the
issue or gives
the wrong
answer.
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Sample IRAC
Concord Student January 24, 2008
Intro to Legal Environment
Case 2.1: Cole v. Mileti (p.30) West's Business Law
Background Facts: Mileti, a California resident, created a movie, Streamers, and a corporation called Streamers International Distributors, Inc., to distribute the movie. Cole, who is an Ohio resident, bought 200 shares of the Streamers corporation and also lent Mileti 5475,000, which he (Cole) borrowed from Equitable Bank of Baltimore. Mileti agreed to repay Cole in a contract arranged through phone calls between Mileti (California) and Cole (Ohio). The movie was not successful, and Mileti did not repay Cole as agreed in the contract. Cole filed suit against Mileti in a federal district court in Ohio, which ruled against Mileti. Mileti appealed, stating that the district court did not have jurisdiction over him.
Issue: Did the district court have jurisdiction over Mileti, a nonresident?
Rule: There is a three-part rule establishing guidelines for a state's exercise of personal jurisdiction over nonresidents:
1. "A defendant must conduct activities in the state in which the suit is filed, 2. the cause of action must arise from those activities, and 3.those activities or their consequences must have a substantial connection to the state" (30 Jentz).
Application Mileti exchanged numerous phone calls and letters with Cole, who was in Ohio, which resulted in a contract between the two parties. The cause of action in this case (breach of contract) resulted from those exchanges and that contract. The communications between the parties clearly were connected to the state of Ohio within the stream of commerce, because that is where Mileti called and sent letters regarding the movie production.
Conclusion: Because Mileti's communications met the three requirements for personal jurisdiction, the U.S. Court of Appeals for the Sixth Circuit ruled that the Ohio district court was within its rights to exercise jurisdiction over Mileti.
Source: Jentz, et al. West's Business Law: Alternate Edition. 9th ed. Thomson: Australia, 2005.
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SPOT THE ISSUES TORTS
Torri sees Plainman at the pump house and realizes Plainman is from Summers County, he hates
Summer countians. He tells Plainman to "get his dam loving butt back to Summers County". In fear of
being touched by someone as offensive as Torri, Plainman gets on his bike (spider not motor) and
starts to pedal home. Torri had taken Plainman's banana seat. Torri pushes a rock in front of
Plainman's bike. Plainman starts to crunch down in his seat to jump the rock exclaiming in pain,
Plainman yell's "Torri you are a felon with terrible VD, an embezzler, and your mama is so ugly she is
never chaste. Although many classmates were there, as they always are, observing kegs as they
naturally appear in nature, Plainman could not identify anyone.
Plainman glides down the hill and smacks into Tresses well. Tresses neighbor, Tressman, lost water
to his well as Plainman caused the underground well to collapse. Putz drives by and offers to sell
Tressman a new "well", "the best well money can buy, you bet ya, I must be crazy for selling you this
well at this price, crazy man"! Tressman passes. Then Fred comes by and offers to sell Tressman a well
that will replenish itself every 24 hours (Fred knows this to be false). Fred convinces Tressman that he
needs this well. Tressman tells his family not to get anymore water as he has bought the perfect well.
Tressman suffers loss as all his cheese producing goats died. Tressman e-mailed all his friends that
Fred is a crook.
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SPOT THE ISSUES CRIMES
Randy takes Brian's Law Book two days before the exam, meaning to play a joke on Brian and give it back. Unfortunately during Spring break Randy forcefully and unlawfully took the life savings of Brian, $8.99, and bought a pizza for Karlee. When Randy told Karlee what he was going to do she laughed and said "I also want soda"!!! Officer Stella heard of a ring of pizza thieves and entered Randy's room to talk with Randy about it. Apparently they were friends and Randy said "hey Sean come on in and have some pizza". In reality Karlee had eaten the last piece. Sean put two and two together and arrested Randy for piggery when in reality Karlee ate most of the pizza. None the matter as Randy still had Brian's book in his apartment. Darryl having just won the considerable sum of $6 came to Randy's room to celebrate. Of all the bad luck Darryl had an illegal Cuban cigar that he dropped when he passed out waiting for Randy. The apartment was ablaze and Brian's book was destroyed. As the entire Athens police force was helping with the fire, Matt broke into the apartment of Ryan to take back his copy of "The White Album" — a collector's edition. In reality the album Matt took was one entrusted to Melanie who sold it to Sandy who gave it to Ryan. Melanie had done this many times without his boss's knowledge. Meanwhile in the crime ridden suburb of Lerona, Heather and Josh had opened a Columbian "coffee" shop so that Rocky could funnel his ill gotten gains from bingo. Ben, Justin, Tim, Lisa, Allison, Kristin, Mallory, Ashley, Jason, Jesse, Anthony, Brittany, Seiji, Luke, Mike, Jerrand, Lauren, Martin, Matt, Gabe, Luis, Ryan, Alexa, Nana, Randy, Zach, Miranda, Kara, Daniel, Zornitsa, Teri, Tecca, Britney, Ralitsa, Jennifer, Ivaylo, Mihail, Terry, Ben, Nana, and Megan all agreed to take this bingo scheme nationwide and in two months had operations in 12 states. Back at the fire Megan ran in to the blazing apartment to save a cat, saw a watch and made it her own. THE END
ISSUE SPOTTING (Select three legal issues from the following)
Mark sees Joe in line and decides to lift Joe's keys from Joe's pocket as Joe was intoxicated. When Joe realized this he wrestled Mark to the ground demanding Mark's wallet, stating, "...this will buy me a new car...a mercury Bobcat just like my ball team! !" ...Angry, Mark breaks open the window to Joe's mobile home and takes the TV as he told a friend "I can fence this in a couple of hours in Canada at the 'ya bought it flea market', which begins at noon." On his way out of the mobile home he lights a Cuban cigar and without thinking throws the match into the home...yes, you guessed it, fire broke out. Mark's girlfriend, Sue, and business partner left town taking the business proceeds as she needed to care for the baby she had with Joe...yes Joe. Sue not only took the proceeds but she remembered the company's client list and began soliciting new clients. To "rub it in" she called Mark and said "I have your money and next week (or the week after) I am going to put you in fear of being battered!"
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CONTRACTS QUIZ — Spot the Issues Identify and explain at least two (2) contract or legal issues in each of the 15 items below.
1. Kenny tells Kevin that they should go in together and buy a classic AMC Pacer. Kevin says "I love Pacers." The next day Kenny tells Kevin that Kevin owes him $20,000. Kevin consults you to see if he really does owe Kenny the money.
2. Meanwhile Nicole asks Dabrielle to paint her house for the large sum of $20.00. Dabrielle promises. She starts painting and then Nicole says "I revoke." Dabrielle asks you if she has any recourse.
3. Little 16 year old Billy signs a contract with Derek's Foods (DF) for DF to deliver food to Billy for the rest of the month. Now Billy refuses to pay and DF retains you as counsel.
4. James says that only by painting my basement will we have a service contract for $100. Chris's painting service, the offeree, asks you, "What kind of contract is this?" and "Would I be quasi to accept it?"
5. Devin offers Kristen, Jamie, and Ryan $100 if they carry his 15-year-old Scotch to the football game so that the high school rushees can partake and hopefully think well of Devin's fraternity. Kristen, Jamie, and Ryan accept and take the Scotch. Unfortunately, they made the Scotch their own and Devin sues for breach. He asks you does he have a case.
6. Savannah offers Mehmet and Nicole her study guide for one million dollars. She delivers, Mehmet and Nicole do not. Mehmet and Nicole ask you if they have a defense or two.
7. Richie contracts to sell Beth 20 widgets to finish his widget cottage. Beth learns Richie's business, Lusk's Lovely Widgets, is about to go "belly up." Richie asks you does he have to honor the contract. (Anticipatory Repudiation)
8. Zach drafted a contract with terms taken from the latest Batman movie. Jordan assented to the contract but during the course of performance, he used a different meaning for two ambiguous terms. In this legal dispute what meaning will the court apply; Zach's or Jordan's and why?
9. Kenneth called Cellular Two, he thought he owed $50 and Cellular Two (CT) said Kenneth owed one million dollars. Aaron said that he thought what CT charges was outrageous and although Aaron made the calls, Aaron said that he was going to try and get them down to $10 from the $100 CT stated on the account. Kenneth, Aaron, and CT negotiate and Kenneth agreed to pay $100; Robert agreed to pay $50; Kenneth and Aaron pay and CT accepts. Define and describe these transactions.
10. Johnny employs Ben under an employment contract in 1999. Six months later, Johnny asks Ben to sign a contract not to compete for 10 years within 100 aeronautical miles of Ben, but does not offer Ben any raises, bonuses, or other benefits for signing the contract. Ben signs the contract and then wishes to start his own business in competition with Johnny. Ben enlists your aid to get out of the contract. On what basis or bases can the contract be nullified?
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11. Tonia receives a letter from Michael offering to sell all the weeidgits (miniature widgets) that he makes. Tonia signs the offer to accept and dispatches by U.S. mail her acceptance. Four days later Michael, thinking Tonia rejected, sold all his weeidgits to Erin on the 1 st. Tonia phoned Michael on the 2nd and learned of Michael's action. Before Tonia could say anything Michael said "I revoke". Tonia had promised several suppliers the weeidgits and asks you if she has any cause of action against Michael. Why or why not?
12. Sam contracts with Laura to teach him to sing. Sam was very lonely and felt loved when Laura said that he was good enough to sing in Subway Sides (similar to Carnegie Hall). After sixteen months of paying Laura, Sam continued to sing like Dr. Smith (picture fingernails on a chalkboard). Sam wants his money back and comes to you for advice.
13. Kevin orally contracts with Lorrie for a new custom fit suit with gold lame and boas on the arms and neck, the new look of the Mountain Lions. Kevin tells Lorrie that he will not pay after Lorrie showed Kevin the suit 80% completed. What is the outcome?
14. Erin lost her dog, Henry. She puts up signs that say, "$500 Reward for the Return of Henry". Jordan finds Henry, Erin runs up and grabs Henry from Jordan, thanking him. Only after leaving Erin did Jordan see Erin's sign. Now Erin refuses to pay Jordan. Jordan asks you what kind of contract is this and does he get the reward money?
15. Kenny's dad loves him and says he will give him a new car for getting an A in his law class. Kenny is excited when his dad gives him the keys. Unfortunately, Kenny's dad now says I love your sister more and changed the key locks on the new car so Kenny could not drive it. Kenny asks you can he sue his dad for breach of contract ...or something?
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Criminal Law Supplement
For more information on comparative statistics regarding incarnation rates, I have copied three sources below. The first is a list of 10 stats regarding our prison system. The second is an article
discussing why incarceration rates are so high in the U.S. Third, I have listed one Pew Center study
but their website is a cornucopia of information on a number of different topics (The 6/28/2012
Supreme Court decision on Health Care being one of those topics fully discussed). Fourth, I have
included a West Virginia University Law Review Article, THE TIPPING POINT: PRISON OVERCROWDING NATIONALLY, IN WEST VIRGINIA, AND RECOMMENDATIONS FOR REFORM, 113 W. Va. L. Rev. 585, West Virginia Law Review, Winter, 2011.
1) Criminal Justice Statistics 10 Stats You Should Know About Our Prison System
Posted by Site Administrator on 05/17/2011 http://www.criminaljusticeusa.com/blog/2011/10-stats-
you-should-know-about-our-prison-system/
America certainly has a unique stance on crime
and punishment. Some actions that would cause
the typical American to go to prison for a significant period of time aren't even considered
crimes in most other countries around the world.
As a result, we've accumulated some interesting, sometimes alarming statistics showing just how crowded we've made our prison system. The ones
below describe the state of the system, especially
compared to the rest of the world, and the social impact of our policies.
1. The U.S. has an incarceration rate of 743 per 100,000 people (2009): That's the highest rate in the world, an astonishing fact that can't be repeated enough. However, it should be noted that crime in the U.S. in general has decreased over the last 20 years. For example, from 1980 to 2009, the murder rate decreased
from 10.2 per 10,000 inhabitants to 5.0 in 2009; the violent crime rate decreased from 596.6
per 10,000 inhabitants to 429.4; and the robbery rate decreased from 251.1 per 10,000
inhabitants to 133. Now, whether or not the improvements are a result of harsher punishment
has yet to be proven. For comparison, from 1925 to 1975, the crime rate stayed at about 110
per 100,000 people, excluding those kept in state and local jails. 2. The U.S. houses a quarter of the world's prisoners (2008): The U.S. population is 311,341,000,
roughly 4.5 percent of the world's population, and in 2008, it kept 2.3 million people behind bars. China, the world's most populous country with 1,339,725,000 people, kept 1.6 million
people behind bars the same year, though it should be noted that it had hundreds of thousands
of people in administrative detention. During America's younger years, it was regarded around
14
the world as more relaxed on criminal justice, hence the Wild West reputation. But as the
population has grown, particularly in cities, we've taken more drastic measures to control crime.
3. The U.S. houses more inmates than the top 35 European countries combined (2010): Europe, which has a denser population than the U.S., is well-below the U.S. when it comes to
incarceration rates. In England and Wales, for example, 139 people are imprisoned per 10,000,
one of the highest rates in Western Europe. Harsher sentencing in recent years is blamed for the rise in prison population in the U.K. Nevertheless, it pales in comparison to America's rate;
only Easter Europe's Belarus comes close, with a rate of 385 people imprisoned per 10,000. 4. The federal prison population has more than doubled since 1995 (2010): Because the federal
system is generally stricter than state systems and has expanded its jurisdiction over certain
offenses, it has seen a drastic increase in the amount of people it houses. In particular, an
increase in immigration cases since 1994 has been a main contributor, as they accounted for
28.2 percent of all federal sentencing in 2008, for example.
5. The number of state prisoners declined by 4,777 from December 2008 to January 2010:
Possibly due to the recession, many have attributed the decline in state prisoners to large state
budget deficits, which have forced states to release inmates to save money. However,
according to the Pew Center on the States, the decline actually started just before the
economic downturn due to a reduction in the amount of people sent to prison for new crimes,
while the number of people released from prison increased. Of course, prison rates vary from
state to state.
6. The most significant decreases in state prison populations from 2008 to 2009 occurred in
California (-4,257), Michigan (-3,260) and New York (-1,699): Overall, 26 states saw a decrease
in prison population. California led them all, as the state has made an effort to cut the number
of low-risk parolees returning to prison by expanding the use of intermediate sanctions.
Overcrowding has been a problem for California; so much so that a deferral court in 2009
ordered the state to reduce its prison population by 40,000 in just two years. Michigan has cut
its prison population by decreasing parole revocation rates, improving its reentry planning and
supervision, and reducing the number of inmates who serve more than 100 percent of their
minimum sentence.
7. The most significant increases in state prison populations from 2008 to 2009 occurred in
Pennsylvania (+2,122), Florida (+1,527) and Indiana (+1,496): During the last three decades,
Pennsylvania's prison population has expanded from 8,243 to 51,326. In recent years, the
increase can be attributed to former Gov. Ed Rendell's 2008 moratorium on paroles in response
to the killing of a Philadelphia police officer by a paroled felon. The state also transferred
prisoners out of state due to overcrowding. In Florida's case, some attribute the rise to
legislators failing to cut corrections spending like in many of the states that saw reductions in
their prison populations.
8. Those who have spent time in prison earn 40 percent less annually (2010): Universally, crime
is associated with people from poor economic backgrounds who have few options in life. In
many cases, those who've been incarcerated grew up around family members and friends who
suffered the same fate. Their ability to escape the rut decreases greatly after their first offense,
as their annual earnings are almost slashed in half because many employers refuse to hire
15
them. Most unsettling is the fact that more than half of those incarcerated were the primary
financial providers for their children.
9. One in every 28 children has an incarcerated parent (2010): A quarter of a century ago, one in
every 125 children had an incarcerated parent. The rise, of course, can be attributed to the implementation of harsher laws for lesser crimes; two-thirds of today's incarcerated parents committed non-violent offenses. The above stat is one of the most disconcerting of all U.S.-
related prison stats because common sense dictates that a child's chances of growing up as a
productive, law-abiding adult are greater when both of their parents play significant roles in
their life. 10. More than one in three young black men without a high school diploma are in prison (2010):
Additionally, more black men without a high school diploma are incarcerated than employed.
As previously mentioned, it's more difficult to secure a job once a person has spent time in
prison, further limiting the options of the already less fortunate. In fact, black men earn 44
percent less after they've been incarcerated, four percent less than the average for all
races/ethnicities.
Sources: WebCite, The New York Times, The Pew Center on the States and Pew's Economic Policy
Group
2) New York Times Article
U.S. prison population dwarfs that of other nations
By: Adam Liptak
Published: Wednesday, April 23, 2008
The United States has less than 5 percent of the world's population. But it has almost a quarter of the
world's prisoners. Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and
now entirely distinctive American approach to crime and punishment. Americans are locked up for
crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations. Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by
the number and length of American prison sentences.
The United States has, for instance, 2.3 million criminals behind bars, more than any other nation,
according to data maintained by the International Center for Prison Studies at King's College London.
China, which is four times more populous than the United States, is a distant second, with 1.6 million
people in prison. (That number excludes hundreds of thousands of people held in administrative
detention, most of them in China's extrajudicial system of re-education through labor, which often singles out political activists who have not committed crimes.)
San Marino, with a population of about 30,000, is at the end of the long list of 218 countries compiled by the center. It has a single prisoner.
The United States comes in first, too, on a more meaningful list from the prison studies center, the one
ranked in order of the incarceration rates. It has 751 people in prison or jail for every 100,000 in
population. (If you count only adults, one in 100 Americans is locked up.)
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The only other major industrialized nation that even comes close is Russia, with 627 prisoners for every
100,000 people. The others have much lower rates. England's rate is 151; Germany's is 88; and Japan's
is 63.
The median among all nations is about 125, roughly a sixth of the American rate.
There is little question that the high incarceration rate here has helped drive down crime, though there
is debate about how much.
Criminologists and legal experts here and abroad point to a tangle of factors to explain America's
extraordinary incarceration rate: higher levels of violent crime, harsher sentencing laws, a legacy of
racial turmoil, a special fervor in combating illegal drugs, the American temperament, and the lack of a
social safety net. Even democracy plays a role, as judges — many of whom are elected, another
American anomaly — yield to populist demands for tough justice.
Whatever the reason, the gap between American justice and that of the rest of the world is enormous
and growing.
It used to be that Europeans came to the United States to study its prison systems. They came away
impressed.
"In no country is criminal justice administered with more mildness than in the United States," Alexis de
Tocqueville, who toured American penitentiaries in 1831, wrote in "Democracy in America."
No more.
"Far from serving as a model for the world, contemporary America is viewed with horror," James
Whitman, a specialist in comparative law at Yale, wrote last year in Social Research. "Certainly there
are no European governments sending delegations to learn from us about how to manage prisons."
Prison sentences here have become "vastly harsher than in any other country to which the United
States would ordinarily be compared," Michael Tonry, a leading authority on crime policy, wrote in
"The Handbook of Crime and Punishment."
Indeed, said Vivien Stern, a research fellow at the prison studies center in London, the American
incarceration rate has made the United States "a rogue state, a country that has made a decision not
to follow what is a normal Western approach."
The spike in American incarceration rates is quite recent. From 1925 to 1975, the rate remained stable,
around 110 people in prison per 100,000 people. It shot up with the movement to get tough on crime
in the late 1970s. (These numbers exclude people held in jails, as comprehensive information on
prisoners held in state and local jails was not collected until relatively recently.)
The nation's relatively high violent crime rate, partly driven by the much easier availability of guns
here, helps explain the number of people in American prisons.
"The assault rate in New York and London is not that much different," said Marc Mauer, the executive
director of the Sentencing Project, a research and advocacy group. "But if you look at the murder rate,
particularly with firearms, it's much higher."
Despite the recent decline in the murder rate in the United States, it is still about four times that of
many nations in Western Europe.
But that is only a partial explanation. The United States, in fact, has relatively low rates of nonviolent
crime. It has lower burglary and robbery rates than Australia, Canada and England.
People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and
certainly less likely to receive long sentences. The United States is, for instance, the only advanced
country that incarcerates people for minor property crimes like passing bad checks, Whitman wrote.
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Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States
as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These
days, there are almost 500,000.
Those figures have drawn contempt from European critics. "The U.S. pursues the war on drugs with an
ignorant fanaticism," said Stern of King's College.
Many American prosecutors, on the other hand, say that locking up people involved in the drug trade
is imperative, as it helps thwart demand for illegal drugs and drives down other kinds of crime.
Attorney General Michael Mukasey, for instance, has fought hard to prevent the early release of
people in federal prison on crack cocaine offenses, saying that many of them "are among the most
serious and violent offenders."
Still, it is the length of sentences that truly distinguishes American prison policy. Indeed, the mere
number of sentences imposed here would not place the United States at the top of the incarceration
lists. If lists were compiled based on annual admissions to prison per capita, several European
countries would outpace the United States. But American prison stays are much longer, so the total
incarceration rate is higher.
Burglars in the United States serve an average of 16 months in prison, according to Mauer, compared
with 5 months in Canada and 7 months in England.
Many specialists dismissed race as an important distinguishing factor in the American prison rate. It is
true that blacks are much more likely to be imprisoned than other groups in the United States, but that
is not a particularly distinctive phenomenon. Minorities in Canada, Britain and Australia are also
disproportionately represented in those nation's prisons, and the ratios are similar to or larger than
those in the United States.
Some scholars have found that English-speaking nations have higher prison rates.
"Although it is not at all clear what it is about Anglo-Saxon culture that makes predominantly English-
speaking countries especially punitive, they are," Tonry wrote last year in "Crime, Punishment and
Politics in Comparative Perspective."
"It could be related to economies that are more capitalistic and political cultures that are less social
democratic than those of most European countries," Tonry wrote. "Or it could have something to do
with the Protestant religions with strong Calvinist overtones that were long influential."
The American character — self-reliant, independent, judgmental — also plays a role.
"America is a comparatively tough place, which puts a strong emphasis on individual responsibility,"
Whitman of Yale wrote. "That attitude has shown up in the American criminal justice of the last 30
years."
French-speaking countries, by contrast, have "comparatively mild penal policies," Tonry wrote.
Of course, sentencing policies within the United States are not monolithic, and national comparisons
can be misleading.
"Minnesota looks more like Sweden than like Texas," said Mauer of the Sentencing Project. (Sweden
imprisons about 80 people per 100,000 of population; Minnesota, about 300; and Texas, almost 1,000.
Maine has the lowest incarceration rate in the United States, at 273; and Louisiana the highest, at
1,138.)
Whatever the reasons, there is little dispute that America's exceptional incarceration rate has had an
impact on crime.
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"As one might expect, a good case can be made that fewer Americans are now being victimized"
thanks to the tougher crime policies, Paul Cassell, an authority on sentencing and a former federal
judge, wrote in The Stanford Law Review.
From 1981 to 1996, according to Justice Department statistics, the risk of punishment rose in the
United States and fell in England. The crime rates predictably moved in the opposite directions, falling
in the United States and rising in England.
"These figures," Cassell wrote, "should give one pause before too quickly concluding that European sentences are appropriate."
Other commentators were more definitive. "The simple truth is that imprisonment works," wrote Kent
Scheidegger and Michael Rushford of the Criminal Justice Legal Foundation in The Stanford Law and
Policy Review. "Locking up criminals for longer periods reduces the level of crime. The benefits of doing
so far offset the costs."
There is a counterexample, however, to the north. "Rises and falls in Canada's crime rate have closely
paralleled America's for 40 years," Tonry wrote last year. "But its imprisonment rate has remained
stable."
Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate
in the United States: democracy.
Most state court judges and prosecutors in the United States are elected and are therefore sensitive to
a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the
world, criminal justice professionals tend to be civil servants who are insulated from popular demands
for tough sentencing.
Whitman, who has studied Tocqueville's work on American penitentiaries, was asked what accounted
for America's booming prison population.
"Unfortunately, a lot of the answer is democracy — just what Tocqueville was talking about," he said.
"We have a highly politicized criminal justice system."
3) Pew Center Reports The length of time served - in prison has increased markedly over the last two decades, according to a
new study by Pew's Public Safety Performance Project. Prisoners released in 2009 served an average of
nine additional months in custody, or 36 percent longer, than offenders released in 1990.
http://www.pewstates.org/research/reports/time-served-85899394616
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Supplemental Internet Resources
Alternative Dispute Resolution
http://euro.ecom.cmu.edu/program/law/08-732/Courts/medguide99.pdf
http://www.opm.gov/er/adrguide/sectionl-a.asp
Americans with Disabilities Act
http://www.myelitis.org/newsletters/v6n1/newsletter6-1-29.htm
http://www.policyalmanac.org/social_welfare/archive/crs_ada.shtml
Court Procedure
http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFedera lAndStateCourts.aspx
http://classwebs.spea.indiana.edu/kenricha/ClassesN540/Class%20Readings/Judicial%20Process,%20Ch .%203.pdf
http://www.yale.edu/ynhti/curriculum/units/1984/2/84.02.08.x.html
Constitutional Authority
http://caselaw.lp.findlaw.com/data/constitution/article03/13.html
Criminal Law
http://www.stimmel-law.com/articles/criminaljustice us.html
http://www.au.af.mil/au/awc/awcgate/crs/94-166.pdf
Civil Law
http://www.fjc.gov/public/pdf.nsf/lookup/CivilLaw.pdf/$file/CivilLaw.pdf
http://www.law.berkeley.edu/library/robbins/pdf/CommonLawCivilLawTraditions.pdf
Contracts
http://law.scu.edu/facwebpage/neustadter/contractsebook/main/commentarv/sources' )/020or/020con trace/0201aw.html
Bilateral and Unilateral Contracts
http://lawexams.com/unilateral-contracts
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Express/ Implied in law/ Implied in fact Contracts
http://www.shortlandchambers .co.nz/pub/news/deterring-breach-of-contract-are/files/NZLawyerIssue63Deterringbreachofcontract-SMills .pdf
