Your final assignment involves United States v. Bass, No. 01-1471, a real-life case decided by the U.S. Supreme Court. The Supreme Court reversed a Sixth Circuit opinion upholding a federal courts decision to grant defendant John Basss discovery motion based on selective prosecution.
Bass, the defendant, alleged that the government was seeking the death penalty against him because of his race and was granted a motion for discovery regarding the governments capital charging practices. (Discovery is a legal process whereby each opposing side is required to divulge or disclose information to the other side if that information is to be used at trial.)
The Sixth Circuit found that Bass made a threshold showing based on national statistics that the United States charged Blacks with a death-eligible offense more than twice as often as it charges Whites. (A threshold is the material or necessary component of something.)
The Supreme Court, however, found that Bass didnt make a threshold showing for a selective prosecution case, which requires evidence of a discriminatory effect and discriminatory intent. The Supreme Court reversed the Sixth Circuit, holding that a discriminatory effect couldnt be found because raw statistics regarding overall charges say nothing about charges brought against similarly situated defendants. (United States v. Bass, 536 U.S. 862 (2002) (per curiam)).
Procedure
Read the appeal (the underlying opinion upon which the Supreme Court based its decision). You can access the full text at https://www.justice.gov/osg/brief/united-states-v-bass-petition-appendix
Read the actual Supreme Court opinion at https://caselaw.findlaw.com/us-supreme-court/536/862.html
As you probably know, Supreme Court review is the end of the line, so to speak, since theres no higher authority to which one may appeal in a criminal case. However, for purposes of this assignment, imagine that youre an advocate for Mr. Bass.
Goal
Your task is to argue that the Supreme Court ruled incorrectly in the United States v. Bass case. As advocate, you must make the arguments even if you personally dont believe the Supreme Court was wrong in its ruling. You must explain in detail why the Supreme Court ruling was incorrect. Your boss has handed you the file. Go to it.
Writing Guidelines
Type your submission, double-spaced, in a standard print font, size 12. Use a standard document format with 1-inch margins. (Dont use any fancy or cursive fonts.)
Include the following information at the top of your paper:
Name
Student number
Course title and number (Multicultural Law Enforcement, CJS235)
Research project number (40628200)
Read the assignment carefully and address the issue suggested.
Be specific. Limit your submission to the topic or issues mentioned.
Include a reference page that lists Web sites, journals, or other references used in preparing the submission.
Proofread your work carefully. Check for correct spelling, grammar, punctuation, and capitalization.
Grading Criteria
Your project will be based on the following criteria:
Content 60%
Written Communication 15%
Format 25%
Heres a brief explanation of each of these points.
Content
The student
Provides a clear discussion of the assigned topic or issue
Addresses the subject in complete sentences, not just simple yes-or-no statements
Supports his or her opinion by citing specific information from the assigned websites and any other references used
Uses concepts (no fewer than six) contained in the textbook, study guide, and/or other outside resource to formulate arguments
Uses facts contained in the appeal (the underlying case forming the basis of the Supreme Court opinion) and demonstrates how the facts are supported by the theories, data, and studies sited in the course
Stays focused on the assigned issues
Writes in his or her own words and uses quotation marks to indicate direct quotations
Written Communication
The student
Includes an introductory paragraph, a body, and a concluding paragraph
Uses correct grammar, spelling, punctuation, and sentence structure
Provides clear organization by using words like first, however, on the other hand, and so on, consequently, since, next, and when
Makes sure the paper contains no typographical errors
Format
The paper is double-spaced and typed in font size 12. It includes the students name, student number, course title and number, and research project number. (The number for this research project is 40628200.)
