Discussion Question #1
1. Are racial minoritiesrepresented by public defenders or assigned counsel treated moreharshly than those represented by private attorneys? If you were anAfrican American, Hispanic, or Native American defendant and couldchoose whether to be represented by a public defender or a privateattorney, which would you choose? Explain why.
Discussion Question #2
2. The sentencing reforms adopted during the past threedecades were designed to structure discretion and eliminateunwarranted disparity in sentence outcomes. Has this goal beenachieved?
Discussion Question #3
3. Evidence suggesting that prosecutors use peremptorychallenges to preserve all-white juries in cases involving AfricanAmerican or Hispanic defendants has led some commentators to callfor the elimination of the peremptory challenge. What do you thinkis the strongest argument in favor of eliminating the peremptorychallenge or in favor of retaining it?
Discussion Question #4
4. Those who champion the appointment or election of racialminorities to the bench argue that African American and Hispanicjudges might make a difference. Explain why. Does researchcomparing the sentencing decisions of white judges to those ofAfrican American or Hispanic judges confirm or refute thisassumption?
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