Course format: 

The course will be a mixture of lectures and discussions.  The assigned readings for each day should be completed prior to coming to class.  Although I will not take attendance each day, regular attendance will contribute to your understanding of the course materials, and is essential to success on the essay exams. There is no extra credit available in the course.  Honors credit is available.  

Books and other required materials:

The following required course readings are available at the UTA Bookstore. Both textbooks also may be ordered through sources such as Amazon.com.  Please order right away!   I strongly recommend purchasing the textbooks.  If you do have difficulty obtaining or purchasing the required books, though, please note that all of them are on reserve at the UTA Central Library.   

I.  texts           

1. and 2.  Robert Marcus and Anthony Marcus, editors

On Trial:  American History through Court Proceedings and Hearings, Volumes 1 and 2.  Please purchase both volumes now, at the beginning of the semester.  They are available at the UTA Bookstore.  

3. Elisabeth Cawthon, Medicine on Trial—A Handbook with Cases, Laws, and Documents.  Paperback edition is available at UTA Bookstore.    

(All 3 of the above texts also will be required for HIST 3320 in spring 2010)                

II. Additional required reading 

 4. Charles Rosenberg, The Trial of the Assassin Guiteau.

This is available at the UTA Bookstore, and will be available used; it alsois on reserve.

5.      John E. Walsh, Moonlight-Abraham Lincoln and the Almanac Trial.

This book is limited in availability, but the UTA Bookstore has it in stock, and some copies may be available used.  It also is on reserve.  

III. Electronic sources

In addition to the internet citations already listed on the syllabus, during some classes we may refer to other online sources concerning the trials. You will need to attend class to get those additional citations!             

IV. Other readings

If you are completing any of the independent study essays on our exams as discussed below 9and in supplement #2 to this syllabus), you will need to select the books that are required for those essays.  These books can be ordered from online sources or major booksellers, and some can be read on reserve at the Reserve Desk, main floor, of the UTA Central Library.  

V. Audio-visual materials

We occasionally may watch portions of films in class.  If you miss a class showing, you will be responsible for seeing the film on your own time and expense. Please note, though, that the films we see in class may not be widely available for rental.   

Course Requirements: 

We will have three in-class exams in the course.  The first two exams are worth 30% each of your final (course) grade.  The final exam is our third exam. It is non-comprehensive, but it does count for 40% of the course total. This third (final) exam includes slightly more material than the other exams and lasts longer (2 and a half hours instead of 1 hour and 20 minutes).    

You will have the option of preparing for each exam independently (i.e. mostly outside of class), or using materials that we have referenced in class.  You may take one or two exams based on independent study, and the other exam/s based on in-class work.  This option gives you flexibility if you find at some point that you have to miss a significant portion of our class meetings. It may be, however, that you will need to take an exam on the makeup date if you unexpectedly have to miss classes and need to switch to this independent study option, because you will have to read several additional books outside of class in order to complete each essay exam.   

If you know already that you are interested in the more independent option for all of the exams, please go ahead and obtain the applicable readings.  You also may see the essay questions for the “independent study” exams, in advance, at the end of this syllabus.   

With regard to the more traditional exams, based on regular class meetings:  Although there is NOT an attendance requirement for the course, coming to class regularly will be extremely helpful—indeed probably essential-- as you prepare for the three exams.   

About one week prior to each exam I will distribute a study sheet containing identification terms and essay questions.  At each exam you will come prepared with a blank blue book.   

You will be able to make some choices at the exam about which identifications to answer.  I will choose an essay, however, which will be mandatory. The ID terms and questions will come from the readings as well as our class notes. See Supplement #1 to this syllabus for a rubric explaining how I score exams.   

At the exam itself you will write all answers WITHOUT any notes or outlines.

I will evaluate the essay exams according to your attention to the questions that I pose, care in citing examples from the assigned books, and grammatical and stylistic accuracy. My main focus will be your argument and the extent to which you have included details from assigned materials. I will not penalize heavily for small, infrequent errors in spelling and grammar, but recurring mistakes in composition, major missteps in argument, omissions, and generally poor English WILL hurt your grade.    

Please come to the exams on the exam dates listed, or in the case of exams #1 and 2, you may make up ONE of the exams on our makeup day—Tues. Dec. 1.  

The final exam cannot be made up or taken early, but only on Tuesday, December 8. It will last 2/12 hours, and will account for 40% of the course grade.   

Additional information:

The university requires that I include the following sections of the syllabus. Please let me know if you have questions about any of these topics.   

Americans With Disabilities Act:
The University of Texas at Arlington is on record as being committed to both the spirit and letter of federal equal opportunity legislation; reference Public Law 92-112 - The Rehabilitation Act of 1973 as amended. With the passage of federal legislation entitled Americans with Disabilities Act (ADA), pursuant to section 504 of the Rehabilitation Act, there is renewed focus on providing this population with the same opportunities enjoyed by all citizens.  

As a faculty member, I am required by law to provide "reasonable accommodations" to students with disabilities, so as not to discriminate on the basis of that disability. Student responsibility primarily rests with informing faculty of their need for accommodation and in providing authorized documentation through designated administrative channels.  Information regarding specific diagnostic criteria and policies for obtaining academic accommodations can be found at www.uta.edu/disability.   Also, you may visit the Office for Students with Disabilities in room 102 of University Hall or call them at (817) 272-3364.  

Academic Integrity:
It is the philosophy of The University of Texas at Arlington that academic dishonesty is a completely unacceptable mode of conduct and will not be tolerated in any form. All persons involved in academic dishonesty will be disciplined in accordance with University regulations and procedures. Discipline may include suspension or expulsion from the University.

"Scholastic dishonesty includes but is not limited to cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person, taking an examination for another person, any act designed to give unfair advantage to a student or the attempt to commit such acts." (Regents’ Rules and Regulations, Series 50101, Section 2.2)  

If you have any questions or concerns about academic honesty, please let me know.  I recommend Charles Lipson’s book Doing Honest Work in College as a guide to this subject. 
 
Student Support Services Available:
The University of Texas at Arlington supports a variety of student success programs to help you connect with the University and achieve academic success. These programs include learning assistance, developmental education, advising and mentoring, admission and transition, and federally funded programs. Students requiring assistance academically, personally, or socially should contact the Office of Student Success Programs at 817-272-6107 for more information and appropriate referrals.  

Final Review Week:

A period of five class days prior to the first day of final examinations in the long sessions shall be designated as Final Review Week. The purpose of this week is to allow students sufficient time to prepare for final examinations. During this week, there shall be no scheduled activities such as required field trips or performances; and no instructor shall assign any themes, research problems or exercises of similar scope that have a completion date during or following this week unless specified in the class syllabi. During Final Review Week, an instructor shall not give any examinations constituting 10% or more of the final grade, except makeup tests and laboratory examinations. In addition, no instructor shall give any portion of the final examination during Final Review Week.  Classes are held as scheduled during this week and lectures and presentations may be given. Please note that in our class, only makeup exams will be given during the review week—in accordance with university policy.  

Librarian to Contact:  Ms. Rafia Mirza, Reference Librarian for History: rafia@uta.edu

Please make an appointment with Ms. Mirza if you have research questions.  You will find her extremely knowledgeable and helpful.   

E-Culture Policy:  

The University of Texas at Arlington has adopted the University email address as an official means of communication with students.  Through the use of email, UT-Arlington is able to provide students with relevant and timely information, designed to facilitate student success.  In particular, important information concerning registration, financial aid, payment of bills, and graduation may be sent to students through email.  

All students are assigned an email account and information about activating and using it is available at www.uta.edu/email.  New students (first semester at UTA) are able to activate their email account 24 hours after registering for courses.  There is no additional charge to students for using this account, and it remains active as long as a student is enrolled at UT-Arlington.  Students are responsible for checking their email regularly.   

I will try to answer all emails within a few hours of receiving them.      

Grade Grievance Policy:  Please refer to the catalog for the university policy on grade grievances and appeals.   

I am very willing to chat with you about any aspect of the course.  Please let me know if you have questions as we go along.  It may not be possible for us to discuss your questions in class due to the large class size, but I am glad to meet with you individually. 

                                                SYLLABUS  

WEEK 1                                             OVERVIEW AND COURSE MATERIAL

Tues., Aug. 24:  introduction to class

Thurs., Aug. 26:  introduction to class, continued, with a focus on internet

materials and library resources.  Please note that it is possible we will meet this one class session in the Library, room 315-A.  

WEEK 2                                             NON-OFFICIAL TRANSCRIPTS

Tues., Sept. 1:  religion, the state, and the courtroom                   

             Required reading for this week:  On Trial, Vol. 1:  Chapter 1

                        (case of Anne Hutchinson)

Thurs., Sept. 3:  religion, the state and the courtroom, continued

                        the Salem witches (esp. Bridget Bishop) On Trial, Vol. 1:  Chapter 2           

WEEK 3                                             RECOLLECTIONS  

Tues., Sept. 8: political speech and the American colonies

            Required reading for this week:  On Trial, Vol. 1:  Chapter 3

                        (case of John Peter Zenger)           

Thurs., Sept. 10: representing the unpopular defendant;

                        the Boston Massacre Trials

                        http://www.bostonmassacre.net/trial/trial-summary1.htm

WEEK 4                                             IMAGES

Tues., Sept. 15:  Slavery, racial and ethnic issues                       

            Required reading for this week: On Trial, Vol.1:  Chapters 9, 11

(cases of the Amistad, Margaret Douglass)

Thurs., Sept. 17:  Slavery and racial issues, continued

            the trial of John Brown On Trial, Vol.1:  Chapter 12

WEEK 5                                             NEWSPAPERS       

Tues., Sept. 22:  Victorian murderers and murderesses    

            Required reading for the week: On Trial, Vol. 1, Chapter 8

                        (case of the murderer of Helen Jewett)

Thurs., Sept. 24:  Exam #1

WEEK 6                                             SCIENTIFIC AND MEDICAL EXPERTISE

Tues., Sept. 29:  science and the criminal law

            Required reading for today:  Medicine on Trial, pp. 17-44 and 62-167.          

Thurs., Oct. 1: Required reading for today:  Medicine on Trial, pp. 213-219 (the  Hinckley case)    

WEEK 7                                             WHEN A PUBLIC FIGURE DIES                                      

Tues., Oct. 6: assassinations and justice  

            Required reading for today:  The Trial of the Assassin Guiteau           

Thurs., Oct. 8: film today  “The Trial of the Century” (the Thaw-White-Nesbitt

 murder trial)

background/further information:

http://www.law.umkc.edu/faculty/projects/ftrials/thaw/thawhome.html                       

WEEK 8  (Two cases from 1883)               ARCHIVAL MATERIALS                                                    

Tues., Oct. 13:  a classic moral dilemma: the case of Alferd Packer

            http://www.colorado.gov/dpa/doit/archives/packer.html

Thurs., Oct. 15: stealing from the rich?

            Required reading for today: On Trial, Vol. 2, Chapter 3 (re Jesse James)                                               

WEEK 9                                                         OFFICIAL TRANSCRIPTS 

Tues., Oct. 20: the rules of war/human rights:  Andersonville

On Trial, Vol.1:  Chapter 13 (trial of Henry Wirz)

Thurs., Oct. 22: Exam  #2  

WEEK 10                              

Tues., Oct. 27:  the dispossessed               

            reading for today:  On Trial, Vol. 1, Chapters 6 and 7

  (cases re juvenile justice, Indian removal)           

Thurs., Oct. 29:  suffragettes and suffragists

On Trial, Vol. 2, Chapter 2 (Susan B. Anthony)  

WEEK 11                                                       BIOGRAPHIES

Tues., Nov. 3:  the lawyer’s role in criminal trials  

            Required reading for today:  Walsh’s Moonlight—Abraham Lincoln and

The Almanac Trial

Thurs., Nov. 5: organized labor in court, and lawyer’s role, continued

            Required reading for today:  On Trial, Vol. 2, Chapter 4 (Haymarket Trial)           

WEEK 12      

Tues., Nov. 10: artistic sensibilities and the law  (Ruskin and Wilde)

http://blogs.princeton.edu/wri152-3/rpower/archives/001951.html 

(re Ruskin v. Whistler)

            http://www.nyu.edu/library/bobst/research/fales/exhibits/wilde/00main.htm

(an NYU exhibition on the 100^th anniversary of the Wilde Trials)                        

Thurs., Nov. 12: fair trial and related issues

            Required reading for this week:      On Trial, Vol. 2, Chapters 1, 9

                        (the lynching of Jim Williams, the Scottsboro case)                                                                                 

WEEK 13

Tues. Nov. 17: secrets and spies               

            Required reading for this week:  On Trial, Vol. 2, Chapters 7, 10

                        (the Red Scare, radicalism from 1910s-1950s)

Thurs., Nov. 19: counterculture and the courtroom

            http://www.law.umkc.edu/faculty/projects/ftrials/Chicago7/Chicago7.html

                        (the Chicago Seven Trial)  

WEEK 14                                          

Tues., Nov. 24: celebrity and the law:  the Arbuckle, Flynn, and Simpson cases

            http://www.silent-movies.com/Arbucklemania/home.html

            http://law.jrank.org/pages/2974/Errol-Flynn-Trial-1943.html

            http://www.law.umkc.edu/faculty/projects/FTRIALS/Simpson/simpson.htm

Thurs., Nov. 26: no class today—Thanksgiving holiday 

WEEK 15

Tues., Dec. 1:  day to take make up one of the essay exams

(exam #1 OR exam #2); i.e. you may NOT try to make up both exams on this day. 

Thurs., Dec. 3: day to receive report of current grade (pre-final exam);

                        Makeup exams will be graded and available for pickup.

FINAL EXAM WEEK –WEEK 16

Tues., Dec. 8:  11:00 a.m.-1:30 p.m.  Exam #3  (regular classroom)   

Our 3^rd exam is non-comprehensive.     

_________________________________________________________

Supplement #1 to syllabus:  standards for exams

 There are three exams in the course:

            Exam #1:  30% of final grade

            Exam #2: 30% of final grade

            Exam #3: 40% of final grade; this is a non-comprehensive final exam

 Each exam is broken down into IDs (identification/short answers) and essays.

On each exam you will have some choice as to which IDs you answer. 

The essay will be compulsory. 

8 IDs= 80% of exam (8 minutes per question, around 1 blue book page) 

1 essay on exam (20% of exam, 16 minutes, 2 + blue book pages). 

 Please note that outside research is NOT required—nor is it even recommended-- to do well on the essays or IDs.  I will place a premium on answering the questions with the materials from class and the assigned readings.  Only after those materials have been addressed satisfactorily in your answers, will it be useful to bring in other materials.  You will have PLENTY of information with just the readings and in-class notes!

 10/10 on ID, 100% on essay

Very well composed, with a lead sentence that is a thesis and a summary sentence containing a conclusion.  All information is correct.  No key information is omitted.  Shows great familiarity with in-class material as well as applicable reading.  Employs several examples appropriately.  No grammatical, usage, or argumentative errors.  Most 10/10 answers on IDs will be one blue book page or longer.  Essays marked at 100% invariably will be two pages or longer.

 9/10 on ID, 90% on essay

Well written, with a thesis and a conclusion. May have one minor error or one minor omission.  Shows familiarity with material from class sessions, as well as readings. Employs several examples appropriately. May have one or two minor grammatical, usage, or argumentative errors. Around 1 blue book page in length for ID, 2+ pages for essay.  

 8/10 on ID, 80% on essay

Readable, with a thesis and a conclusion.  May have two or three minor errors or omissions of fact.  Shows familiarity with material from readings and class sessions.  Employs several examples appropriately. May have one or two minor grammatical, usage, or argumentative errors. Around 1 blue book page in length for ID, 2+ pages for essay.  

 7/10 on ID, 70% on essay

Readable, with a thesis and conclusion. May have two or three errors or omissions of fact. Shows familiarity with material from readings and class sessions, although answer leans more heavily on either readings or class materials.  Employs several examples appropriately. May have three or more minor grammatical, usage, or argumentative errors.  Around 1 blue book page in length for ID, 2+ pages for essay.

 6/10 on ID, 60% on essay

Readable, but without clearly developed structure such as a thesis statement and a summary/conclusion.  May have four or more minor errors or omissions of fact, and four or more minor grammatical, usage, or argumentative errors.  Uses a few examples appropriately.  May lean solely on readings or class materials such as lecture notes. Around 1 blue book page in length for ID, 2+ for essay.

 5/10 on ID, 50% on essay

Competent in portions though not throughout all of the answer.  Not consistently readable.  Misidentification or major mistake in factual description. May be shorter than 1 blue book page for ID, and shorter than 2 pages for essay.  

 ________________________________________________________

 Supplement #2 to syllabus: independent study topics

These are the questions on which you will write for the three in-class essay exams.  It is NOT necessary to attend class in order to complete the essay exams in this way, though it may be helpful.   

I will evaluate the essay exams according to your attention to the questions posed here, care in citing examples from the assigned books, and grammatical and stylistic accuracy. My main focus will be your argument and the extent to which you have included details from assigned materials. I will not penalize heavily for small, infrequent errors in spelling and grammar, but recurring mistakes in composition, major missteps in argument, and generally poor English WILL hurt your grade.  For a more detailed breakdown/rubric of my expectations for essays, see “supplement #1 to syllabus:  grading standards”, above.    

Please come to the exams on the exam dates listed, or in the case of exams #1 and 2, you may make up ONE of the exams on our makeup day—Tuesday Dec. 1st.  Do bring a blank blue book or two; you will trade them for blue books I will provide.   

Please note that the final exam cannot be made up or taken early, but only on Tuesday December 8, that it will last 2/12 hours, and it will account for 40% of the course grade.   

**************************************************************************************

Independent study topic for exam #1    

For students who are studying the material largely OUTSIDE of class (as an independent study):

Politics and scandal in American history   (30% of course grade)  

Please read three different books on scandal, libel and early U.S. politics

(1) An Account of the Trial of John Peter Zenger (any modern edition, such as that edited by Paul Finkelman), 

(2) the recent biography of John Adams by David McCullough           

(3) either Scandalmonger, a discussion of the politics of the late 1700ís and early 1800s in the United States, by William Safire, or Scorpion Tongues (a history of gossip in American politics), by Gail Collins. 

Recall the key points made by each author, about what kinds of political speech were uttered in each set of episodes, and the nature of the legal and or political reactions to each instance of speech.  For example, in describing Zenger’s actions, you certainly will want to describe Zenger’s prosecution and the outcome of the case, both in the long and short term.  In discussing Safire’s book (which is a historical novel), you will want to mention and point out the significance of the Alien and Sedition Acts in early U.S. history.   

What myths about American history, does each author want to explode? In your summary paragraph, note what surprised you among each book’s revelations.     

*********************************************************************************

Independent study topic for exam #2  

For students who are studying the material largely OUTSIDE of class (as an independent study):  

The Mind of the Assassin    (30% of course grade)  

Read three books on presidential assassinations in United States history.

1. One of the books must be The Trial of the Assassin Guiteau, by Charles Rosenberg (in the UTA Bookstore and available used, as a required book for the course).  

2. Another book should concern the aftermath of the attempted assassination of President Ronald Reagan by John Hinckley, focusing on changes in the laws concerning insanity.  (e.g. Henry J. Steadman’s book Before and After Hinckley:  Evaluating Insanity Defense Reform.)  

 3. The third book should be related to insanity and the courts in England or the United States, preferably in the period prior to the 19^th century -- such as Joel Peter Eigen’s Witnessing Insanity:  Madness and Mad-Doctors at the English Court, or David J Rothman’s The Discovery of the Asylum.

For a brief overview and background, you might want to consult Cawthon’s Medicine on Trial—the applicable sections in the chapters  “Historical Background” and “Cases.”  But please do NOT base this section of your answer solely on my book.   

In your essay, please discuss the following questions:

a)     How did the law concerning insanity change, between the 18^th century and the late 20^th century, in England and the U.S.? 

b)     What impact did English law have upon U.S. law?

c)      Which cases in England and the U.S. were particularly influential on courts and with the public?  Be certain that you mention several cases NOT discussed in my book, but that were included in the other books! 

d)     How did certain cases lead to changes in public policy (for instance alterations in states’ laws) concerning insanity?                                  

****************************************************************************************                     

Independent study topic for Exam #3 (at final exam time)

Legendary American lawyers     (40% of course grade)   

This assignment calls for you to compare and contrast different types of accounts about Clarence Darrow and Abraham Lincoln—  

(1) 2 biographies

as well as

(2)  2 studies concerning particular cases.  

The assignment has four components:           

(a). Read at least one biography of Clarence Darrow. 

Choose, for example, one book from this list:

            Richard J. Jensen, Clarence Darrow:  The Creation of an American Myth

            John C. Livingston, Clarence Darrow:  the Mind of a Sentimental Rebel

            Kevin Tierney, Darrow:  A Biography

            Arthur Weinburg, ed., Attorney for the Damned  

(b) Read the following case study about a trial in which Darrow represented the defense—One Man’s Castle –Clarence Darrow in Defense of the American Dream, by Phyllis Vine.   

(c) In addition, read Walsh’s book that is required for this class:  Moonlight:  Abraham Lincoln and the Almanac Trial, as well as  

(d) Read a biography of Abraham Lincoln that I approve.   

Describe the picture that emerges from each of the sources you have selected, of Darrow and LIncoln as persons as well as lawyers. What are the strengths and weaknesses of Darrow and Lincoln as described in each account? Pay special attention to their legal careers.   

Is it possible to discuss Darrow and Lincoln without reference to the law?  Why or why not?   

Please note that you will have 2 and a half hours to write an answer based on these questions, therefore your response should be longer and more detailed than your answer on either exam #1 and 2.  It will count for 40% of your course grade.