This seminar examines theories that seek to justify criminal punishment and analyzes those theories in a series of case studies. We explore retributive theory (punishment because it is "deserved"), utilitarian theory (punishment because of the consequences it will produce), and expressive theory (punishment that expresses social values). We then consider specific case studies pertaining to the death penalty, hate crimes, and the law of self defense. Each case study provides an opportunity to consider a number of important and broad-ranging issues. As to the death penalty, we consider such issues as the overall morality of capital punishment, its racial implications, and the concerns that arise from the administration of a system that imposes a penalty of death. As to hate crimes, we consider the cases for and against enhanced punishment of bias-motivated violence, the constitutional questions of punishment that is based in part on a defendant's motivation, and the group characteristics that should be included in a hate crime law. As to self defense, we consider the moral arguments that underlie this defense, gender-related issues such as the battered woman syndrome defense, and race-related issues such as those raised by the celebrated Bernhard Goetz case. Our goal is to understand the ways in which criminal law enforcement offers a window into the self-perception of our society or its values. Format: seminar. Requirements: active class participation, regular preparation of short reaction papers to course materials, a class presentation, and a final paper. Prerequisite: Legal Studies 101 and at least two Legal Studies electives, or permission of the instructor. Enrollment limit: 25 (expected: 20-25). Preference will be given, in order of seniority, to students for whom this course completes the Legal Studies concentration.

Hour: LAWRENCE