The Bill of Rights was written several decades before the 14th Amendment, but Stuntz thinks it’s mostly procedural, and he thinks this is why it doesn’t protect citizens from abuses of power.

13:58 Mon Nov7 -:~ @ L 93% — 6 Journal #2 Journal #2 Length: 500-600 words total DUE MONDAY NOVEMBER 7 by 5:00PM (No Exceptions) Write one single journal entry that clearly and succinctly responds to each of these questions. 0 The Bill of Rights was written several decades before the 14th Amendment, but Stuntz thinks it’s mostly procedural, and he thinks this is why it doesn’t protect citizens from abuses of power. So instead, he wants to give judges almost unlimited discretion under the broad (and vague) Equal Protection Clause to stomp out unfairness and discrimination wherever it appears. A vigorous equal protection principle in criminal law, Stuntz writes in Chapter Four, would allow judges and juries to attack the substance of unfair or discriminatory treatment rather than rely on procedures to protect against it. For example, in Duncan v. Louisiana (1968), a Black man was charged with battery for slapping a white child’s wrist during a disagreement. The Supreme Court reversed his conviction because he received a bench trial rather than a jmm. The state of Louisiana then shuffled its procedures and convicted Duncan a second time. The right to jury trial is stated in the 6th Amendment (Bill of Rights). But this right easily gets circumvented. So, rather than the Sixth Amendment’s jury trial right to get fairness for men like Duncan, Stuntz argues that an Equal Protection—based court would have thrown out the conviction on its face because it was nakedly discriminatory: no white person would have faced such a charge. So now it’s up to you to weigh in: what do you think about Stuntz’s critique of “The Fourteenth Amendment’s Failed Promise” overall—would you be in favor of his proposals for reform (described above), or would you propose something different? 0 Watch Ava Duvernay’s film, The 13th. htips.’//w1411117320ntabe.com/watch? flfgquF8ii8&t:138ls How do you think media and popular culture representations of Black Americans, particularly Black men, have contributed to a climate of white fear and anxiety that is still affecting “tough-on-crime” policies? o T he 13th is full of statistics, many of them startling. Which statistic stood out to you the most? Why do you think this is? What will you do with this statistic? TH READS (2) Journal #2: Caitlyn Sanchez . STARTED BY CAITLYN SANCHEZ i. I agree with Stuntz when he states that it is mostly procedural. Just like with police officers, there are loopholes and it varies from case to case. If there was a refrom like he suggests, it would make it easier fore 0 Replies @ E Stream Course Calendar More

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