Professor Renteln
Political Science 130g,
Take-home Midterm Exam
Spring 2022
Due Friday at 5pm (PST)
Select one of the three essay questions below. Offer an incisive analysis in four to six typed
pages. Your essay should be double-spaced and in 12 point font. You may attach an additional
seventh page with the references you cite to support your key points, including assigned readings
and additional sources. Please number your pages. Please proofread and spell check your work.
The exam is open-book and open-notes. You are not expected to look up additional sources, but
you may do so, provided you include complete citations to these items. Be sure to answer all
parts of each question, and cite specific readings and lectures where appropriate. Do not include
block quotations; include one or two lines, if crucial.
Your essay must be entirely your own work.
Submit your midterm with your name on it via the blackboard tab for your TA’s section.
Be sure it is in .doc format.
1.
Describe the methods of selecting state and federal judges in the United States, and
highlight the relative merits of each system. What changes in the method of selecting U.S.
Supreme Court Justices would you recommend and for what reason(s)? Consider the proposal of
Justice Sandra Day O’Connor - https://iaals.du.edu/projects/o-connor-judicial-selection-plan
In your analytic essay, explain what traits you consider most important for ensuring proper
“judicial temperament”. Are these similar or different from the Bangalore Principles of Judicial
Conduct? As part of your discussion, provide two judges whose opinions we have discussed and
who seem to possess these traits. (Hint: you might consider Judge Skelly Wright, Justice Scalia,
Justice Rose Bird, and Judge Rowan Wilson).
2.
What do you regard as the main flaws with the functioning of the current jury system in
the United States in the 20th and 21st centuries? Outline three specific problems that require
reform. Be sure to explain how at least one shortcoming is depicted in the film “12 Angry Men”.
How might the U.S. system be substantially improved based on best practices in other countries?
(Hint: Be sure to consider Valerie Hans’ essay on juries in other parts of the world.) Even with
the reforms, is there simply too much risk that juries will render unjust decisions? Given myriad
problems with juries in the U.S., do you think it is time to abolish the juries altogether?
3.
Due process is supposedly guaranteed in the American legal system, but it is in tension
with policies to maintain public safety. This is reflected in our assessments of the legal profession
and police in the United States. Analyze the features of both of these institutions that appear to
1
Professor Renteln
perpetuate these serious problems. In your answer incorporate the views of scholars we studied,
e.g., David Sklansky, Lon Fuller, and Marc Galanter address the challenge of balancing competing
objectives.
If the legal system is to operate fairly, how important is it that an individual accused of a crime
have legal representation? Some might argue that having a lawyer is necessary but not sufficient
to ensure the right to a fair trial. In your essay, discuss how the U.S. Supreme Court has addressed
the rights of the accused by tracing key changes in law related to the role of attorneys and police.
Be sure to analyze this jurisprudence in the framework of Herbert Packer.
In light of the precedents and historical circumstances you have discussed, consider circumstances
under which the U.S. government may hold suspected terrorists in preventive detention. (Hint:
Take Ronald Dworkin’s perspective into account in your analysis.)
2