Briefly explain Bazelons two views of criminal law. How do these two different world views impact advocacy for and protection of the rights of the accused? (20 points)
Weve discussed how the promise of equal rights for the accused and justice for all is not always reflected in the execution of laws and outcomes of legal proceedings. Briefly explain how two of the following areas provide examples of a potential failure of the justice system to provide equal protection: the right to counsel, disparity in sentencing (including the death penalty), the right to an impartial jury, sexual harassment, and/or pregnancy discrimination. Be clear about the legal reasoning as well as the impact (or lack thereof) of applicable court decisions. (40 points)
Both Sundquist and Faulkner argue for race-conscious approaches in the law. Briefly explain their arguments. While similar, they do address different concerns. How would the adoption of one of these approaches (either Sundquists or Faulkners) impact stop-and frisk policies or the assessment of allowable police action when a suspect flees? (40 points)