CRJ330 Strayer Evidence of Innocence: The case of Michael Morton
Humanities
Submit to Canvas as an MS Word document or PDF by 11:59pm on Thursday, February 14. Comply with
all APA formatting and citation guidelines.
Question 1 (30 points)
Review this New Yorker article: http://www.newyorker.com/magazine/2017/04/10/how-we-
misunderstand-mass-incarceration.The article’s author, Adam Gopnik, is a longtime American writer and essayist who has been openly critical of the criminal justice system in the United States since the mid-1990s. In this piece, he discusses misconceptions with the ‘system’ and how these misconceptions lead to initiatives for reform that are not successful (and costly). He also discusses prosecutorial misconduct/over-reach and its impact on incarceration numbers.
Please summarize one ‘misunderstanding’ identified by Adam. Discuss Adam’s position on this ‘misunderstanding’ and how he identifies it as a contributing factor to the overall issues in the criminal justice system. Likewise, take a position on the ‘misunderstanding’ using your own credible outside research. (at least 2 paragraphs)
Question 2 (20 points)
Review Spivey v. Battaglia. The case opinion is posted in Canvas as a PDF. Next, complete the following: Discuss the facts, which gave rise to the case; Discuss the issue(s) that were before the court; and Discuss the court’s decision and thoroughly explain their reasoning. (at least 2 paragraphs)
Question 3 (30 points)
Please review the following: (we watched this in class on Thursday, February 7)
Research other materials on the web, which will add to your substantive knowledge of the facts in Michael Morton’s case. The case of Michael Morton was a high-visibility case, which brought issues of prosecutorial misconduct into the focus of many. As you watch the video and conduct your own research, be thinking about your impressions of the behavior of the prosecutor in the case, who was eventually criminally sanctioned. In Michael Morton’s case, the original prosecutor, Ken Anderson, took a plea to criminal charges and was eventually sentenced to 10 days in jail. He served 5 (half of his sentence – due to “good time credit”). While prosecutors may (rarely) avail themselves of criminal charges for obstruction of justice they may be protected from civil liability when they ‘break the law’ in order to secure a conviction. In addition, under the doctrine of Harmless Error these same convictions are often upheld in appellate court.
Should prosecutors enjoy this civil protection? In other words, if the facts indicate that a prosecutor knowingly and willfully (whatever that means) broke the law in order to secure a conviction, should the prosecutor enjoy protection from civil liability (civil liability = the prosecutor can be sued for $$ by the criminal defendant). Why or why not – provide your reasoning? Really think about the implications and try not to make an impulsive conclusion. (at least 2 paragraphs)
Question 4 (20 points)
Please review Banks v. Dretke here https://supreme.justia.com/cases/federal/us/540/668/ This is considered a precedent setting case with respect to prosecutorial misconduct. Complete 3-4 paragraphs in which you: Discuss the facts, which gave rise to criminal charges/prosecution; Discuss the issue(s) (related to exculpatory evidence) that were before the Court; and Discuss the impact that this case may have had on society’s view of the justice system (this is subjective).
You may also listen to the actual oral arguments made before the U.S. Supreme Court here
