What to Do When Discourse Breaks Down

PROFESSIONAL DEVELOPMENT TECHNIQUES, RESOURCES, AND STRATEGIES

® CLOSE UP PROFESSIONAL DEVELOPMENT

Welcome to Close Up’s session today! These workshops are designed to translate Close Up’s nearly 50 years of experience in civic education into practices and ideas that

our professional development is intended to help teachers discussare accessible current and public—sometimes useful for classroom controversial—issues teachers. Specifically, in the classroom in a way that helps students better understand the world around them.

Teachers face many challenges when deciding whether and how to incorporate discussions of current issues into their classrooms. Finding time and space in the curriculum can be

1 a challenge, and many teachers are worried about pushback fromlift often students, required parents, to help administrators, students deliberate and even colleagues.on political The current political climate, combined with2 the heavy

Wematters, know can from make experience the task seem that quitestudents daunting. often struggle to engage respectfully and thoughtfully in deliberation.3 make sense of political debates, to identify the strengths and weaknesses of competing ideas4 and arguments, and to political polarization across the nation can make teaching It is easierpolitical than and ever social for issuespeople seem to find overwhelming. only the news5 they want theseand more challenges difficult facing than teachersever to stay and abreastour democracy of government only make decisions it more and critical other than issues. ever to Furthermore, help students the engage level inof meaningful political discussions in the classroom. However,

Our aim is to show how the political world is and can be a curriculum. We intend to:

• Explore the ways in which controversial public issues can connect to social studies and humanities curriculum; • Guide teachers as you translate real-world events into classroom content; • • currentOffer strategies, issues. scenarios, and insight for navigating controversial political discussions in the classroom; and Provide lesson plans and resources for guiding productive debate, deliberation, and discussions about We hope that you leave feeling better prepared to guide your students as they navigate today’s most pressing public policy issues.

1 Controversy in the Classroom: The Democratic Power of Discussion Transforming Civic Learning for Diverse Social Studies Classrooms. Center for Information and Research on Civic Learning and Engagement. All Together Now: Collaboration and Hess, Diana. . Rubin, Beth. Making Citizens: Innovation for Youth Engagement. 2 The Political Classroom: Evidence and Ethics in Democratic Education. 3 Teaching Democracy: Unity and Diversity in Public Life. Hess, Diana, and Paula McAvoy. 4 Changing Minds or Changing Channels? Partisan News in an Age of Choice Uninformed: Parker, Walter. Why People Seem to Know So Little About Politics and What We Can Do About It. Arcenaux, Kevin, and Martin Johnson. . Lupia, Arthur. 5 The Polarized Public? Why American Government Is So Dysfunctional Teaching Social Studies in an Era of Divisiveness: The Challenges of Discussing Social Issues in a Non-Partisan Way. Abramowitz, Alan. . Journell, Wayne.

2 CLOSE UP: WHO WE ARE & METHODOLOGY

Founded in 1971, Close Up informs, inspires, and empowers young people to be active and engaged participants in a democracy. Through experiential programming, classroom resources, and professional development, Close Up reaches approximately 30,000 students and teachers across the country each year. Close Up Methodology

Close Up’s approach to civic education rests on four

1.key Experiential principles, including: Education: Learn by Doing

“The only true education comes through the stimulation of the child’s powers by the demands of

the social situation—John in which Dewey, he finds My Pedagogichimself.” Creed

Learning through experience means learning

modelcitizenship and practiceby acting these as a citizen.democratic In a functioningfunctions in democracy, the classroom. citizens We createdigest conditionsand use information, that stimulate debate, the holdstudents’ each other and political representatives accountable, and work together to solve problems. Close Up’s approach is to

own powers of problem-solving, acquiring and using information, communicating and cooperating with others, experimenting, and thinking creatively and critically. 2. Constructivism: Meaning and Knowledge Are Socially Constructed

“To teach is not to transfer knowledge but to create the possibilities for the production—Paulo Freire, or construction The Pedagogy of knowledge.” of Freedom

The political landscape of the United States is not static; it is constantly reconstructed as politicians, members of the media, social movements, and citizens change and shape the public agenda. In order to be effective citizens in this problem-solving.dynamic climate, Westudents encourage need studentsto move beyondto access memorization prior knowledge and inrepetition their attempts of facts. to To learn that new aim, information Close Up helps and students become active, rather than passive, participants in their own learning through joint projects and collective

concepts, and to use and master key information, concepts, and skills. 3. Cooperative Learning: Students Must Make Meaning Together

“Cooperative experiences are not a luxury. They are an absolute necessity for the healthy social development of

individuals who can function independently.—David W. ... Johnson[They are] and essential Roger T. forJohnson, developing What Makespluralistic Cooperative values.” Learning Work

3 6 intentionsThe two ideas of cooperative that underlie learning: cooperative individual learning students are: (1) cooperate “Learning in istheir something own learning; that students each student do, not cooperatessomething that is done to them”; (2) Learning is essentially a social enterprise. Together, these two ideas highlight the dual cooperative learning refers to the instructional practice of having students work together to achieve the learning with others in a shared effort to master concepts and skills appropriate to the subject of study. More specifically, and informal cooperative learning structures that allow students to explore important content while also practicing keygoals skills of a forlesson. democratic Close Up citizenship. employs small-group work, jigsaw activities, debates and deliberations, and other formal

4. Issue-Centered Education: Controversial Public Issues Should Be at the Heart of Civic Education

“If teachers want to prepare students for effective and responsible democratic citizenship, they must challenge students to confront issues of public—Thomas policy Vontzin the and classroom.” William Nixon, Issue-Centered Civic Education in Middle Schools

There are so many issues facing citizens at the local, state, and national levels that merely keeping track of all toissues—let support one’salone opinions.comprehending It is for them—can this reason be that daunting. Close Up Yet, centers ultimately its approach in a democracy to civic iteducation is the job on of issues.the citizen The challengesto understand facing pressing citizens political and policymakers issues, to have are and also express the challenges opinions thaton those students issues, are and asked to be to able grapple to offer with reasons in the classroom.

whole-classTaken together, debate—to these principles better understand permeate and their influence political all world. aspects It isof ourClose aim Up’s to work.help teachers Using these do the principles same in as their our classrooms.guide, we select and develop curriculum that will help students work together—in discussion groups, projects, and

6 Cooperative Learning in the Classroom.

Johnson, David, Roger Johnson, and Edythe Holubec. 4 - - - - - Sample Questions Sample Why do people choose im do people to Why States? the United to migrate States the United Should citizen to a pathway provide undocumented young for ship immigrants? States the United Should highly skilledprioritize immi grants? be the highest should What re immigration of priorities efforts? form the government should What 11 the estimated do about immi undocumented million in the United currently grants States? - - - Goal/Objective Students will be new ideas to open Students an about learn willing more to and issue. their will posi defend Students persua and thoughtful with tions arguments. sive dif many will consider Students seek compromise positions, ferent ultimately their peers,with and consensus. reach - - - Rationale Defining Classroom Discourse Defining Classroom A discussion is a good way to intro to a good is way A discussion an about new ideas, brainstorm duce information what assess and issue, trying before know already students deliberation. or a debate hold to better students helps A debate and prioritize issue, an understand and arguments, various evaluate speaking. persuasive public practice a thorough have students Once a delib issue, an of understanding each to listen them to asks eration compro and consensus, build other, complex a nuanced, create mise to solution). (or proposal - : : : Discourse Type and Description Description and Discourse Type Discussion con open-ended an is A discussion a topic. about versation Debate around revolves generally A debate possible two with question a central often are questions Debate answers. meaning closed-ended questions, a with they be can answered that no. or yes simple Deliberation to people requires A deliberation consensus reach to together work a with up come and issue an on Deliberation solution. collaborative open-ended generally are questions “right” or a simple have do not and answer. Within your classroom, there are many different ways to have students talk about current controversial issues. Here we outline on the basis of desired should be decided having are three you type of conversation The different in small or groups. group that can happen in the whole types conversations of use multiple to also want may You ask will on the conversation. change depending you questions type of The the conversation. of outcomes goals or structures sequentially—start a unit with a discussion, and then conclude with a deliberation or debate after students have learned about the issue and deliberation. and outlined goals and purposes of discussion, debate, are opinions. Below their own developed 5 Discourse Facilitation

All forms of classroom discourse require the teacher to be a strong facilitator. First and foremost, a good facilitator must be an excellent listener. Facilitators must focus on what each participant is saying, and how it relates to what mind:other group members have said. Good facilitators exercise judgment about when to intervene in the discussion to interject new ideas, shift focus, or remind participants of the ground rules. Facilitators should keep the following in Be Prepared

The facilitator does not need to be an expert on the topic of discussion, but he or she should be the best prepared for the discussion. This means understanding the subject and being familiar with the discussion materials. Facilitators must think ahead of time about the directions in which the discussion might go, and prepare questions to help further Establish Clear Ground Rules

The overall classroom community will have a large impact on classroom discussions. Before having a debate or throughdeliberation, the rule-making it is important process to have(Establishing students a firstClassroom establish Community). clear ground Here rules are some to create examples an open of typical and inclusivestudent- generatedenvironment rules: for all issue discussions. Please see the Lesson Plan Appendix for a lesson plan that guides students

• Everyone gets a fair hearing • • One person speaks at a time • If you are offended, say so and explain why • • Conflict is not personal Do not stereotype or call people names MonitorSpeak and Assist for yourself, the Group not forProcess others

whichThroughout all students any form have of the discourse, opportunity the facilitator to participate. should It iskeep also track important of how not the to group let a few members students are dominate. participating— who has spoken, who has not spoken, and whose points have not been heard. The goal is to create an environment in • Consider splitting up into smaller groups to examine a variety of viewpoints or to give people a chance to talk

• • more easily, or more frequently. other.When deciding when to intervene, lean toward non-intervention. • Do not talk after each comment or answer every question; allow participants to respond directly to each • • Allow time for pauses and silence. Students need time to reflect and respond. • Do not let anyone dominate; try to involve everyone. theIf participants discussion forgethas run or too are long. disregarding ground rules, do not hesitate to remind them. Make sure that you draw discussions to a close before exhausting a topic or exasperating students who feel

6 Use probing comments and open-ended questions that do not lead to yes or no answers. Some useful questions include:

• What seems to be the key point here? • What is the crux of your disagreement? • What would you say to support (or challenge) that point? • Please give us an example to illustrate your point. • Could you help us understand the reasons behind your opinion? • What experiences or beliefs might lead someone to support that point of view? • • • What would be a strong case against what you just said? • What havedo you we find missed most that persuasive we need about to talk that about? point of view? • What informationis it about that supports position that that point you ofjust view? cannot live with? • Summarize what (name) said and explain why you disagree with it.

Help the Group Grapple with the Content

The facilitator should make sure the group considers a wide range of views. If one side of an issue is clearly not being

represented,• the facilitator should introduce (and if needed, represent) the other side. You could also: solving a problem. • Ask the group to think about the advantages and disadvantages of different ways of looking at an issue or • • Ask participants to think about the concerns and values that underlie their beliefs and the opinions of others. • Help participantsthe discussion identify along bycommon clarifying, ground paraphrasing, and areas ofand disagreement. summarizing. • Ask students to paraphrase or summarize the discussion. participants to resources that can provide the necessary information. Encourage participants to ask questions about factual information that they may be unsure of. Direct Reserve Adequate Time for Closing the Discussion

includingMake sure where that everyone students agreedhas had and an whereopportunity consensus to contribute was not reached. to the discussion Thank everyone before for asking their thecontributions group for andlast comments and thoughts about the subject. Summarize the main ideas that were brought up in the conversation, group to evaluate the process and revisit ground rules if necessary. participation, and encourage those who have not participated to participate in the future. Provide some time for the

7 What to Do When Discourse Breaks Down

mitigateDespite the it if best it is preparation,to occur. clearest ground rules, and strongest facilitation, there will still be times when discourse breaks down. Here we will consider several scenarios and discuss what you can do to anticipate the issue, and

In your• Howassigned might group, different discuss students your scenario be reacting and in answer this scenario? the following questions: • What should a teacher’s goals be in this scenario? • What should the teacher do in the moment to address the issue? • What should the teacher do later to prevent this issue from happening again?

Scenario Notes SCENARIO 1: False Facts or Bad Sources

immigrants commit more crimes than the average During a debate on immigration, a student claims that

American. When asked for the source of the claim, he says thehe heard United it States somewhere. should beA number more selective of other of students who is allowed in the intoclass the say country. that they One too student have heard in the this room to be is visiblytrue; therefore, upset by the claims made about immigrants.

SCENARIO 2: Appeal to Personal Religion

While debating what legal protections members of the

LGBTQ community should have, a student states that wrong.people shouldThe debate not have had tobeen provide robust services with many to the students LGBTQ community because the Bible states that LGBTQ acts are eyes and the rest of the class no longer wants to participate. speaking, but after the comment, several students roll their SCENARIO 3: Student Personally Affected by Issue

The class is debating how the government should respond to the opioid crisis. While discussing possible policy

the student shares that her brother has an addiction to an solutions, one student is visibly upset. After a few minutes,

appearillegal drug, uncomfortable. and was recently arrested for dealing drugs. While many students appear sympathetic, other students

8 SCENARIO 4: Ongoing Battle Between Two Students students are consistently dominating the discussion. The During a whole-group deliberation on a current issue, two begin to make sarcastic comments about each other. two students often interrupt each other, and eventually derailedThroughout by thethe twoexchange, dominant other students. students The have deliberation attempted endsto make with theirlittle consensus voices heard, and much but theystudent are frustration. consistently

SCENARIO 5: One Student Dominating

YouDuring have debates tried talking and with discussions, her about one letting student other is students always raising her hand, always interjecting, and often interrupting. and sometimes intimidates other students. participate, but despite good intentions, she still dominates SCENARIO 6: Homogenous Classroom to begin debating current controversial issues. The class willAt the debate beginning whether of the orschool not year,Congress the teacher should has raise decided the opposedfederal minimum to raising wage.the minimum After reading wage to a stand few articles, on one side the teacher conducts a physical take-a-stand, asking those of the room, and those in favor to stand on the other side of the room. All students stand and move to one side of shortthe room. debate In thein which interest only of a having few students the debate, participate. the teacher decides to take the unrepresented side, and the class has a

9 Confronting Classroom Scenarios

Scenario 1:

During a debate on immigration, a student claims that immigrants commit more crimes than the average allowedAmerican. into When the country. asked for One the student source in of the the room claim, is hevisibly says upsethe heard by the it somewhere. claims made A about number immigrants. of other students in the class say that they too have heard this to be true; therefore, the United States should be more selective of who is • Root Issue: False Facts or Bad Sources questionable source. • Strategy: . A student uses demonstrably incorrect facts and/or cites a

in questionWhen in order facts to are identify in dispute, the truth. remind It is students likely that that the while claim we that may the draw student different made conclusionswill be supported when looking at the same facts, it is important that we work from sound evidence. Ask students to look up the “fact”

bestsomewhere source. on the internet, so it is important to help students consider what sources are most credible. For • Caution:instance, for facts and statistics relating to crime, the FBI and other law enforcement agencies may be the

what their If original asking studentssource may to confirmbe. a fact with two other sources, make certain that you ask this of both the liberal and conservative students. Ask students to find more than one source for their facts no matter Scenario 2:

While debating what legal protections members of the LGBTQ community should have, a student states theirthat people eyes and should the rest not of have the toclass provide no longer services wants to theto participate. LGBTQ community because the Bible states that LGBTQ acts are wrong. The debate had been robust with many students speaking, but after the comment, several students roll • Root Issue: Personal Values, Such as Religion, Used to Justify Position. or culture to defend his or her position. • Strategy: A student uses personal religion

a value argumentFirst, one’s only values works are if they a legitimate share your way exact to come background to a conclusion or belief aboutsystem. a Itparticular is important issue. to But, come if upthe with goal convincingin a debate argumentsor discussion that is canto persuade persuade other other people people to with take different your side, backgrounds explain to the to comestudents to your that

connection between the issue and their values. It may be necessary to elicit additional responses from other studentsside of the in debate. order to Journaling maintain momentummay be helpful in the in thisdebate. situation so students have the space to fully explain the

Scenario 3: The class is debating how the government should respond to the opioid crisis. While discussing possible studentspolicy solutions, appear oneuncomfortable. student is visibly upset. After a few minutes, the student shares that her brother has an addition to an illegal drug, and was recently arrested for dealing drugs. While many students appear sympathetic, other • Issue: Student Personally Affected by a Topic. or debated. • Strategy: A student is personally affected by the issue being discussed

Thank the student for her contribution, then ask the student whether or not she would be willing to share how that addiction has influenced her and her family. If yes, give the student a few minutes to share, then take a short break in which students journal in response to a question such as, “Knowing how the opioid oncrisis the impacts issue. or could impact the lives of people we care about, how does this influence the way you think about the issue?” Ask students to share their responses in pairs or small groups, then resume the discussion

10 Scenario 4:

During a whole-group deliberation on a current issue, two students are consistently dominating the deraileddiscussion. by Thethe two dominantstudents often students. interrupt The deliberationeach other, and ends eventually with little begin consensus to make and sarcastic much commentsstudent frustration. about each other. Throughout• Root Issue: the exchange,Disruptive other Students. students Students have attempted with opposing to make viewpoints their voices are heard, not respecting but they are one consistently another or class rules. • Strategy:

about maintainingTalking with a respectful each student environment individually where afterwards everyone’s might perspective help with is future valued. discussions, but during the• class, it is important to address such problems immediately to let students know that you are serious • positionAppeal to of classroom the student. rules about respecting others’ views and letting others speak. • If one student is being disrespected by one or more students, you may need to advocate for the • issueAsk questions raise a tension that encourage between valuesstudents that to aresee deeply the other important point of to view. them? You might ask questions to help students articulate why the conversation got so heated. Does the Scenario 5: still dominates During and sometimes debates and intimidates discussions, other one students. student is always raising her hand, always interjecting, and often interrupting. You have tried talking with her about letting other students participate, but despite good intentions, she • Root Issue: Dominant Student. dominates student discussions and debates. • Strategy: One student, through intellect, charisma, or verbal presence, usually

Use a tool to control the amount of time each student speaks. For example, before a discussion or theydebate, cannot give speakeach student again in two the chips.discussion Whenever unless they everybody speak, theyelse hasgive spoken. up one Thischip. strategyStudents gets must students use at leastwho one chip during the discussion, and of course, no more than two. Once they have used both of their chips, discussion. usually do not participate to be part of the discussion, and limits opportunities for others to dominate the Scenario 6:

At the beginning of the school year, the teacher has decided to begin debating current controversial issues. The class will debate whether or not Congress should raise the federal minimum wage. After reading a few articles, the teacher conducts a physical take-a-stand, asking those opposed to raising the minimum wage to stand hason one a short side debateof the room, in which and only those a fewin favor students to stand participate. on the other side of the room. All students stand and move to one side of the room. In the interest of having the debate, the teacher decides to take the unrepresented side, and the class • Root Issue: Students Largely or Completely Hold the Same Views. is forced into taking the role of the unrepresented side. • Strategy: There are many different options to address this scenario. DebatesOne is to are use one-sided, a debate andor deliberation the teacher format that has students defend both sides of the issue before they consider their own opinions. This ensures

that both sides get a fair hearing, and such a structure can force students to consider positions that they are not initially familiar with. If students continue to only support one side of an argument, the teacher can look for areas of disagreement within that side. For example, if all students agree that Congress should raise the on.minimum This can wage, be particularly do they all agreeimportant on the at amount the beginning it should of thebe raised? year when Should you the are minimum seeking to wage establish be linked norms to andthe consumerexpectations. price index? Conversely, you can find an issue that you know students have differing opinions

11 Utilizing Close Up Resources for Classroom Discussions and Debates

Close Up’s Controversial Issues in the News discussions provide a good example of a nonpartisan resource with the necessary scaffolding and background to frame a productive classroom discussion about a current controversial issue.

Each issue discussion includes:

1. A Central Question:

2. Background Information:A policy-centric Necessary question context andframes background each issue information and provides are students included with for eacha focus discussion. for their reading and discussion. For the purposes of a debate, it is usually a closed-ended question. 3. Bipartisan Arguments: Students learn about relevant history, key terms, and what makes the issue complex and controversial. A pro/con op-ed article highlights arguments in support and in opposition of the central strongestquestion. Eacharguments side includes on each quotesside of fromthe debate policymakers, before taking politicians, a side. and journalists to help familiarize students with the key players and decision-makers on both sides of the aisle. We recommend asking students to find the follow-up questions about the issue in question. This is where you would bring in one of the previously mentioned debateAfter reading structures. and processing the information, students are ready to form their own statements, arguments, and

Controversial Issues in the News

discussions are written concisely, with the intention that students can prepare for workand participate that span severalin a discussion days or weeks.or debate about the central question within the course of one class period. However, if your curriculum allows, these resources can also provide a starting point for more in-depth research and project

12 THE PARKLAND SCHOOL SHOOTING CONTROVERSIAL ISSUES IN THE NEWS

13 CLOSE UP IN CLASS CONTROVERSIAL ISSUES IN THE NEWS

THE PARKLAND SCHOOL SHOOTING

CENTRAL QUESTION

Which policy options should lawmakers consider to try and prevent school shootings in the future?

QUICK RECAP

On February 14, 2018, 19-year old Nikolas Cruz entered Marjory Stoneman Douglas High School (MSDHS) in Parkland,

Florida, pulled a fire alarm, and as students and teachers left their classrooms, he shot at them with an AR-15 semiautomatic rifle. Before1 running off, Cruz had killed 17 people and wounded at least 14 more. Cruz had been a student at the school, but had been expelled for disciplinary issues. He was later caught by law enforcement and has confessed to the crimes. CLASSROOM DISCUSSION GUIDE

How have politicians and policymakers responded to this tragedy? To help foster a classroom conversation about the appropriate political response to the Parkland school shooting, read the following quotes from politicians with dif- Which quote do you agree with most? Why? Do you believe common ground can be found between these positions? Do you think the problem is mostly about guns or mostly aboutfering somethingviews on gun else, control. such as After mental reading illness? the quotes, ask students:

2 “If you are not working today to try to fix this, to try to stop these shootings, then you’re an accomplice. Those are tough words but they’re true.” —Senator Chris Murphy, D-Conn.

“The reaction3 of Democrats to any tragedy is to try to politicize it.… So they immediately start calling that we’ve got to take away the Second Amendment rights of law-abiding citizens. That’s not the right answer.” —Senator Ted Cruz, R-Texas -

“People say, what about their rights? And I’m cognizant of their rights and I spent a lifetime in law enforcement protect ing people’s rights. But at the end of the day, the rights of our children must be first and4 foremost. We need to protect our kids.… And lawmakers got to change the way they do things. The same old, same old just ain’t working.… We need less guns in America, not more guns in America.” —Broward County Sheriff Scott Israel 14 “The root cause is not that we have the Second Amendment. It is that we’re not adequately addressing mental illness across the5 United States. We need to focus on that, and we need to focus on substance abuse.” —Senator Joni Ernst, R-Iowa WHAT ARE THE STUDENT SURVIVORS SAYING?

Have your students read statements or watch videos of MSDHS students talking about what they believe people in Do you believe that political leaders will listen to these students and take action? Why or why not? What do you think these students could do to pressure lawmak- erspositions to take of action? power should do in response to the shooting. Ask your students:

This shooting was the result of a number of situations and individuals, but action can still and should still be taken to “This is not just another mass shooting. No shooting is just another mass shooting. This needs to be a turning point.

prevent something like this from happening. People in Congress, people in state legislatures, just lawmakers in general, need to stand up and not let these political divisions prevent them6 from saving children’s lives. ‘Cause this can happen and it will happen again if they just make false promises and don’t take action. Because ideas without action remain ideas, and when that happens, children die.” —senior David Hogg Read and watch MSDHS students’ calls to action

Lyliah Skinner “If people can’t7 purchase marijuana or alcohol at the age of 18, why should they be given access to guns?” —junior

“I’m not trying to take everybody’s guns away, but there was a 19-year-old who legally bought an AR-15, which is a weapon of war, and if he had been through8 the least bit of screening, somebody would have said, ‘This person does not need a weapon like that.’ And I think there need to be a lot more regulations put on guns, and it needs to be a lot harder to get them.” —junior Cameron Kasky

“This shouldn’t be a fight between two different parties. This should be a coming together where we all realize that something is wrong. And even if we disagree on the way to fix it, we all just need to talk about it and stop being angry and stop slandering other people because that doesn’t help anyone.9 And that’s why people die, because we just can’t get along. And I don’t think pushing blame on anyone is a good idea because it just makes people more angry, even if that blame seems to make sense.” —senior Isabelle Robinson

Several MSDHS students began organizing an effort to pressure politicians to address gun violence. Thus far, this effort has included• a march at the Florida State Capitol in Tallahassee in February and the following nationwide events: victims who lost their lives at MSDHS A national student and teacher walkout on March 14 at 10 a.m. for 17 minutes—one minute for each of the • across the country A student-led march in Washington, D.C., on March 24, which coincided with student marches in cities • - rado A national school walkout on April 20, the 20th anniversary of the Columbine High School shooting in Colo Do you believe that these are effective methods for creating change? Why or why not? Do you think there are more effective methods for these students to create change? If so, what would you suggest? After these marches and walkouts,Ask students: how would you follow up to keep the momentum going? What should be the goals of this movement?

15 EXTENSION ACTIVITIES

Have students research gun laws in your state.

• How strictly are guns regulated where you live? The Washington Post has created graphs and charts for com-

• parison: https://www.washingtonpost.com/graphics/2017/national/assault-weapons-laws/?utm_ term=.92ea5525367f• Gun-related advocacy organizations have their own databases of gun laws by state. • The NationalGiffords LawRifle CenterAssociation to Prevent Institute Gun for Violence Legislative has Affairs a list of has what a database is required of right-to-carry, and not required concealed- when carry, and reciprocity laws: https://www.nracarryguard.com/resources/gun-laws-by-state/

purchasing and owningHow do guns the lawsin each in yourstate: state http://lawcenter.giffords.org/search-gun-law-by-state/ compare to those in others? Are the laws in your state adequate, or do they go too far or not far enough? Looking at the laws that have been passed, what do you believe should be Havedone inyour your students state? consider:

Evaluate proposals Have students research each proposal and, using the evaluation matrix, determine how enforceable, just, and effective . On the next page is a chart with five proposals to reduce gun violence and/or make schools safer. each proposal may be. After your students evaluate the proposals, discuss which ones they favor, which they would change, and which they would reject. Ask if they have any other ideas they would propose.

16 WEIGHING POLICY OPTIONS TO PREVENT GUN VIOLENCE

Consider these policyOPTION options to address school safety, examining the pros and cons of each. Target-Harden Schools Hiring additional personnel would governments would spend money on WHAT SUPPORTERS SAY - come atWHAT a great OPPONENTS cost, and there SAY metal detectors, surveillance. Schools cam -and “Whileings to resembleit’s understandable prisons, the that safety many is little evidence that such security eras, emergency training, and secu- school leaders don’t want their build measures decrease the likelihood Surveillance add one-point entry to all schools so venues,of students and and workplaces staff is paramount. require an cameras were powerless to stop the rity officers for schools, and would increasingJust as many level stadiums, of security, concert so should Columbineof school shootings. shooting and lockdown 10 policies did not save the children at everyone who enters is monitored. schools.” metal detectors, surveillance camer- Sandy Hook. “Filling schools with teachers tells students that schools areas, police scary, officers,dangerous and and gun-wielding violent

expected to occur 11 Ban Assault-Style Weapons During the ten-year ban on assault- places— places where violence is Firearms containing a detachable style weapons (1994-2004), the .” magazine and one or more “military. number of gun massacres declined It is estimated that Americans wouldalready need own to more voluntarily than 15 give million up as would high-capacity magazines AR-15-style weapons, so owners capablecharacteristics” of holding would more be than banned, ten by 37 percent and the number of - for three percent of all homicides, itymassacre of magazines deaths isfell limited, by 43 percent.both the those firearms. Rifles only account incidenceResearch showsand fatality that when rate of the gun capac rounds of ammunition. 12 as-deadlywhile handguns weapons account that attackers for over 65 couldpercent. use, There so this are ban many would other, not just- solve massacres decline drastically. 13 Make Gun Ownership Illegal If a person can serve and use weap- Before Age 21 - onsthe problem.in the military at age 18, drive People under 25 years old account at age 16, and vote at age 18, that in- younger than 21. With years the old possible would not peoplefor almost also 50 lead percent to more of gunsuccessful homi dividual should not be made to wait beexception able to ofpurchase hunting or rifles, own peoplehandguns cides. Guns in the hands of young fully mature until the mid-20s, which This would be an infringement of issuicide why rental attempts. car agenciesThe brain do does not notrent until age 21 to purchase a firearm. or semiautomatic weapons. 14 15 Second Amendment rights. Allow Trained Adults in Schools to those under 25 years old. Increasing the number of guns in to Carry Concealed Weapons because they know that there will going through a training course, des- beAssailants little resistance are targeting and that schools they will the training may be, teachers are ignated teachers and school adminis. After- schools is not the answer. Whatever trators would be permitted to carry citizens who are trained and armed is This policy would place a great deal ahave deterrent easy targets. and can Having limit the law-abiding damage ofnot pressure law enforcement on teachers, professionals. and there is 16 no guarantee that an armed teacher concealed firearms. would be in the same place as an at- an attacker inflicts. 17 tacker.

17 Consider these policyOPTION options to address school safety, examining the pros and cons of each. Strengthen Policies to Keep Guns The best line of defense against mass Those with mental illness have been Out of the Hands of the Mentally shootingsWHAT is an SUPPORTERS empowered, SAY vigilant found toWHAT be responsible OPPONENTS for SAYonly one Ill percent of gun-related homicides, would be permitted to petition a to use due process gives power to . Family members and others citizenry. Allowing friends and family18 Such a reform would merely revoke they are determined to pose a danger Currently, states (not the federal and just 14.8 percent of mass killings. court to remove a person’s firearms if thosegovernment) who know determine the situation the types best. of would be restricted for those who behavior that must be reported to the shouldindividuals’ be greater Second access Amendment to mental are,to themselves or have been, or others. diagnosed, Gun salestreated, national background check system, healthrights. careWhile in it the may United be true States, that thisthere or institutionalized for being a dan- creating an incomplete patchwork of is not the root cause of gun vio- 20 Moreover, what types of men- - falling through the cracks, there is tal health issues would trigger a gun tionalger to backgroundthemselves or check others. system These and nomental good health database data. to With refer information to during a ban?lence. For how long? This is a slippery people would be flagged on the na 19 21

prevented from purchasing firearms. gun purchase background check. slope with no good definitions.

18 Evaluate the five proposals using the criteria below. Grade each proposal on a scale of 1 to 5, with 1 being “Does not meet this criteria” and 5 being “Fully meets this criteria.”

Target-Harden Schools PROPOSAL ENFORCEABLE JUST/FAIR EFFECTIVE

Ban Assault-Style Weapons

Make Gun Ownership Il- legal Before Age 21

Schools to Carry Concealed WeaponsAllow Trained Adults in

Guns Out of the Hands of theStrengthen Mentally Policies Ill to Keep

Other (describe):

Defining Criteria Enforceable apply? Who will make certain the proposal is followed? Is the proposal straightforward or does it lead to confusion? : How easily can the proposal, if passed, take effect? Will there need to be funding? Will it take time to Just/Fair rights? Does it protect society as a whole? Is it moral? : Does the law apply to everyone equally or does it single out an individual or group? Does it limit individual Effective schools safer? : If fully implemented, to what extent will the proposal reduce gun violence? To what extent will it make

19 ENDNOTES

1 New York Times

Turkewitz, Julie, Patricia Mazzei, and Audra Burch. “Suspect Confessed to Police The He Began Shooting Students ‘in the Hallways.’” . 15 Feb. 2018. Web. 19 Feb. 2018. Lopez, German, and Jen Kirby. “Marjory Stoneman Douglas High School Shooting in Florida: What We Know.” Vox. 16 Feb. 2018. Web. 2 19 Feb. 2018.

Keneally, Meaghan. “The Mix of Politicians Saying It’s Either Not the Time to Talk about Gun Control or It’s Past Time.” ABC News. 16 Feb. 2018. Web. 17 Feb. 3 2018. The Hill

4 Greenwood, Max. “Cruz Blames Dems for Politicizing Shootings.” . 15 Feb. 2018. Web. 17 Feb. 2018.

Colarossi, Sean. “Broward County Sheriff Busts NRA Talking Points: ‘We Need Less Guns in America, Not More.” PoliticusUSA.com. 15 Feb. 2018. Web. 17 Feb. 2018. Des Moines Register 5 Noble, Jason. “Mental Health Care, Not Gun Regulation, Is the Key to Ending Mass Shootings, Joni Ernst Says.” . 15 Feb. 2018. Web. 17 Feb. 6 2018.

Andone, Dakin. “These Young Survivors of the Parkland Shooting Give Voice to the Nation’s Outrage.” CNN. 16 Feb. 2018. Web. 17 Feb. 2018. 7 8 Ibid.

9 Ibid.

10 DetroitIbid. News Detroit News

11 Editorial Board. “All Schools Must Boost Security Now!” . 17 Feb. 2018. Web. 17 Feb. 2018.

Warnick, Bryian, Benjamin A. Johnson, and Sam Rocha. “Opinion: More Security Measures Won’t Stop Mass Shootings in Schools.” Marketwatch. 15 Feb. 2018. 12 Web. 17 Feb. 2018. Washington Post

13 Ingraham, Christopher, “It’s Time to Bring Back the Assault-Weapons Ban, Gun ViolenceReason Experts Say.” . 15 Feb. 2018. Web. 18 Feb. 2018.

14 Sullum, Jason. “An Assault Weapon Ban Won’t Stop Mass Shootings.” Hit and Run Blog. . 15 Feb. 2018.Washington Web. 17 Post Feb. 2018.

BeaumontWinkler, Adam, Enterprise and Cara Natterson. “There’s a Simple Way to Reduce Gun Violence: Raise the Gun Age.” Beaumont Enterprise. 6 Jan. 2016. Web. 17 Feb. 2018. 15 Editorial Board. “PRO/CON: Should 18 Year Olds Be Able to Carry Concealed Guns?” . 24 May 2011. Web. 17 Feb. 16 2018.

BBC News. “There Have Been 18 U.S. School Shootings This Year. Is It Time to Arm Teachers?” 15 Feb. 2018. Web. 18 Feb. 2018. 17 18 Pefley, Al. “Should Teachers Be Armed in Wake of Parkland Shooting?” CBS12.com.National Review 15 Feb. 2018. Web. 18 Feb. 2018.

19 French, David. “A Gun Control Measure Conservatives Should Consider.” . 16 Feb. 2018. 18 Feb. 2018. USA Today

Jansen, Bart, and Brett Murphy. “Florida Shooting Rampage Sparks Review of Mental Health Restrictions on Gun Purchases.” . 16 Feb. 2018. Web. 18 20 Feb. 2018. Politico

21 Kiesel, Laura. “Don’t Blame Mental Illness for Mass Shootings; Blame Men.” . 17 Jan. 2018. 19 Feb. 2018.

Beatty, Gary. “Opinion: Why Mental Health Test for Gun Ownership is a Slippery Slope.” FloridaToday.com. 15 Nov. 2017. Web. 18 Feb. 2018.

21 CLOSE UP IN CLASS CONTROVERSIAL ISSUES IN THE NEWS

SENTENCING AND PRISON REFORM CENTRAL QUESTION

Should Congress pass the FIRST STEP Act?

INTRODUCTION

On November 14, 2018, President Donald Trump endorsed the FIRST STEP Act, a bipartisan bill that would loosen some mandatory minimum sentencing laws. In this Close Up in Class Controversial Issue in the News, we will examine the recent history of mandatory minimum sentencing, explore the central tenets of the FIRST STEP Act, and challenge you to weigh the pros and cons of the various paths forward.

BACKGROUND What is the Recent History of Mandatory Minimum Sentencing? The Constitution

to the punishment of citizens who areoffers convicted few specifics of crimes. when The it Eighth comes Amendment reads, “Excessive bail shall not be required, nor excessive

1 However, the framersfines imposed, left it to nor the cruel Supreme and Courtunusual to determinepunishments what inflicted.” constitutes “excessive

bail,” “excessive fines,” and “cruel and unusualIn recent punishment.” years, governments at the local, state, and federal levels have often used the promise of strict prison sentencing to deter criminal activity. For example, in the mid-1980s, crack—a cheap, highly addictive form of smokable cocaine—spread rapidly throughout New York City and other urban areas. In response to Americans’ growing concerns 22 about the violent drug trade, Congress passed the Anti-Drug Abuse Act of 1986, which appropriated $1.7 billion to 2 Mandatory minimum penalties require offenders to serve predetermined sentences for certain crimes (usually serious or violent crimes). These fight the drug crisis and created federal mandatory minimum penalties for drug offenses. 3 sentences are defined by law, not by judges. In the case of the Anti-Drug Abuse Act, possession of five grams of crack or 500 grams of powder cocaine led to an automatic five-year prison sentence.

But by the 2000s, as the number of people incarcerated for drug offenses rose dramatically, public opinion began to turn against some federal sentencing guidelines. Chief among them was the provision of the Anti-Drug Abuse Act that punished possession of 500 grams of powder cocaine with the same mandatory minimum penalty as possession of

Commission found that 53 percent of powder cocaine offenders were Hispanic, 28 percent were black, and 17 percent wereonly five white. grams But ofwhen crack—a it came policy to crack that offenders, was affecting 79 percent African were Americans black, ten disproportionately. percent were white, (In 2009,and ten the percent Sentencing were Hispanic.4)

With a disproportionate number of African Americans facing tougher, crack-related sentences, some policymakers believed it was time to change the law. In 2010, - tencing Act, which reduced the disparity between the amounta bipartisan of powder majority cocaine of Congress and crack passed needed the toFair trigger Sen federal mandatory minimum penalties, from a 100:1 ratio to 18:1. The law, which does not work retroactively (meaning it does not apply to offenders who were sentenced before the law was enacted), shifted

possess a larger amount (28 grams) of crack, and it the five-year mandatory minimum to offenders who time possession of crack.5 eliminated the five-year mandatory minimum for first- Mandatory minimum sentencing continues to play a

the most well-known mandatory minimum penalties aresignificant those thatrole comein the fromcriminal three justice strikes system. laws. Among Three strikes laws require a harsher punishment (typically a Source: U.S. Sentencing Commission, 2012-16 life sentence) the third time a person commits a felony.

23 As of 2018, 28 states have some form of a three strikes law.6 At the federal level, President Bill Clinton signed a three strikes law in 1994; under that law, a person convicted of a serious violent crime is sentenced to life in prison if he or she has two or more prior convictions, at least one of which was a serious violent crime.7

So, what else is it important to know about federal mandatory minimum sentencing?

minimum penalty, followed by fraud (6.5 percent), child pornography (6.0 percent), and sexual abuse (5.5 • percent).In fiscal year8 2017, drug trafficking accounted for 67.8 percent of the offenses that carry a federal mandatory

• As of 2017, nearly half (49.8 percent) of all federal inmates are drug offenders, and three-quarters (72.3 percent) of them are serving a mandatory minimum sentence.9

in an average sentence of 94 months of imprisonment (more than double the average sentence for offenders • whoseIn fiscal drug year offense 2016, mandatory did not carry minimum a mandatory penalties minimum). were used10 in 44.7 percent of federal drug offenses, resulting

Source: PolitiFact, December 2017.

At the same time, since peaking in the 1990s, the nation’s violent crime rate has fallen sharply, a trend that some at- tribute to the rise of stricter sentencing.11 federal prosecutor. “It was an answer to the crime wave during the ’60s and ’70s. And the answer has been successful. “There is a reason that stiff sentencing came about,” said Bill Otis, a former- datory minimums fear that such policies have contributed to a culture of incarceration, in which the punishment does People are safer now than they were at any time since the Baby Boomers were in grade school.” But opponents of man 12 not always fit the crime. “Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix,” said WhatU.S. District Is the FIRSTJudge STEPJohn Act?Gleeson. “That’s a bad thing for our system.”

In 2016, the U.S. incarceration rate fell to its lowest level in 20 years, with just under 2.213 million people behind bars. The vast majority of these people reside in state prisons (1.2 million inmates) and local jailsStill, (741,000the United inmates); States maintains the other the 188,300 highest are rate federal of incarceration inmates in federal in the world.prison Inor response,community some corrections policymakers centers. have called for additional sentencing and prison reforms.14 In mid-2018, a bipartisan group of senators created the FIRST STEP Act, an enhanced version of a bill that the House of Representatives passed a few months earlier.15 If passed by Congress, the new FIRST STEP Act would do the following:

• The act would retroactively apply the Fair Sentencing Act (which reduced the sentencing disparity between crack offenses and powder cocaine offenses) to federal prisoners who were sentenced before the law was enacted. In other words, some crack offenders who received long sentences before 2010 would be able to request 24 a reduced sentence. This provision would affect nearly 3,000 prisoners, some of whom would be able to petition for their release immediately.16

• whenUnder dealing the current with laws, nonviolent judges drugare allowed offenders to straywith longerfrom federal criminal mandatory histories. minimum According sentencing to the Congressional when deal ing with nonviolent drug offenders with little or no criminal history. The act would allow judges17 to do the same

• BudgetThe act Officewould (CBO), loosen this federal provision mandatory would minimum affect approximately penalties for 2,100 repeat defendants serious drug per offenders year. and reduce the federal three strikes penalty from life in prison to 25 years. This provision would affect approximately 60 defendants per year.18

• The act would restrict the ability of prosecutors to seek longer sentences by adding gun charges against a de- fendant who possessed a gun during a drug offense, even if the gun was not brandished or discharged during the offense. According to the CBO, this provision would affect approximately 60 defendants per year.19

- on, adding seven days of credit per year of a sentence. Applied retroactively, the provision would make 3,900 • The act would change the calculation of “good-time credit” for federal20 inmates who stay out of trouble in pris

• Theprisoners act would eligible allocate for earlier millions release of dollars in the to first expand year training of enactment. and educational programs for federal prisoners. It would also give prisoners incentives to participate in such programs by awarding them points that speed their

points, including convicted murders, sex offenders, terrorists, spies, undocumented immigrants, and fentanyl release to halfway21 houses or home confinement. Several categories of prisoners would not be eligible to earn

traffickers. THE CURRENT CONTROVERSY

Should Congress pass the FIRST STEP Act?

The latest version of the FIRST STEP Act, which was crafted over a period of several years by Senators Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, has attracted support from both Democrats and Republicans, and President Trump offered his endorsement on November 14. But the bill still faces several obstacles.22 crime, and from liberals who believe it does not go far enough in its reforms. Furthermore, despite the fact that Presi- The Senate’s final version of the bill could draw opposition from conservatives who believe it is not tough enough on R-Ky., has said that the FIRST STEP Act is competing with several other legislative priorities (including a farm bill and adent government Trump has funding encouraged bill) in the the Senate remaining to hold days a floorof the vote 115th on Congress.the measure,23 Senate Majority Leader Mitch McConnell,

If the Senate passes the FIRST STEP Act, the House must pass the bill as well in order to send it to the president (as the

24 measure has changed significantly since the summer). But if Congress does not vote on the bill before Democrats take Supporterscontrol of the of Housethe FIRST in 2019, STEP the Act new argue majority that it iscould a smart, push unifying for additional proposal provisions that would and make risk losing much-needed Republican reforms votes. to arbitrary, overly harsh sentencing rules for drug offenses. Opponents, however, insist that strict sentencing laws have helped to dramatically reduce the nation’s violent crime rate. They argue that passing this bill would be the wrong course of action to take during a devastating opioid epidemic, as it would ease drug-related sentencing and possibly allow dangerous criminals to obtain early release.

25 DEBATE

SHOULD CONGRESS PASS THE FIRST STEP ACT?

YES: This smart, compassionate bill will help restore NO: This well-intentioned bill is full of holes and will justice and bipartisanship. make Americans less safe.

In extraordinary fashion, the FIRST STEP Act has managed The FIRST STEP Act may have noble intentions and several to bring together Republicans, Democrats, the Koch network, smart provisions. But unfortunately, good intentions do not always make good laws. “I don’t question the intentions of of Police in a hyperpartisan era. “When do you get a chance thewhere, American after four Civil years, Liberties you Union,compromise and the and Fraternal compromise Order who opposes the bill. “But you may have noticed that they and compromise, and you come up with something that a thetalk bill’smore proponents,”about their intentions wrote Senator than about Tom the Cotton, consequenc R-Ark.,- Republican president, a bipartisan group in the House, [and] 31

Grassley.25 es of the bill.” - a bipartisan group in the Senate agree on?” asked Senator tion from prominent law enforcement groups, including the The truth is that this measure has drawn significant opposi costs associated with harsh mandatory sentencing. In 2004, For too long, judges have been powerless to ease the human National Sheriffs’ Association, the Major County Sheriffs of America, the Major Cities Chiefs Association, and the Federal32 forThe example, informant 24-year-old claimed that Weldon Angelos Angelos had a gun(a first-time during two drug of Law Enforcement Officers Association (FLEOA)—groups offender)the buys (but was heconvicted did not of brandish selling marijuana it); another to gunan informant. was later thatAmong work the on bill’s the provisions front lines isof one the thatcriminal creates justice a point system. system found in his home. Because of sentencing enhancements that to speed certain prisoners’ release. “While the bill excludes the FIRST STEP Act would reform, Angelos was sentenced to some violent offenders from this new ‘time credit’ system, 55 years in prison.26 according to [the National Association of Assistant United States Attorneys], many other violent felons will be eligible The FIRST STEP Act has earned bipartisan support because it is a smart policy change that is long overdue. “The federal sponsors either misunderstand their own bill or misrepre- inmate population now stands at more than 180,000, which forsent early its consequences, release,” wrote let me Senator cite chapter Cotton. and “Since verse. theHere bill’s are some of the felons who will qualify for early release under Tumulty of the Washington Post. “Much of that increase is - isthe about result triple of long, what mandatory it was three minimum decades sentences ago,” wrote for Karen drug cers with deadly weapons under 18 U.S.C. § 111(a); commit and weapon offenses. And, as much social science has doc- arsonthese newunder credits: 18 U.S.C. felons § 81; who assault assault a spouse, law enforcement intimate partner, offi umented, the penalties fall much more harshly on racial 27 (7); and sex offenders who fail to register under 18 U.S.C. § or2250. a child Maybe resulting the bill’s in serious sponsors bodily believe injury these 18 felonsU.S.C. § deserve 113(a) minorities.”“These reforms help relieve our overcrowded prisons, redi- 33 rect funding to addiction treatment, help keep our communi- - toBefore have votingup to a onthird the of FIRST their sentenceSTEP Act, cut. Congress I don’t.” should re- tor Durbin. “This is the best chance in a generation to make member that the national rate of violent crime has plum- tiesmeaningful safe, and changes restore in faith our infederal our justice drug sentencing system,” said laws. Sena We meted in recent years—and that is no accident. According 28 to the Federal Bureau of Investigation’s annual study of se-

Bycannot passing squander the FIRST it.” STEP Act, Congress would bring more the violent crime rate fell by 48 percent between 1993 and rious2016. crimesAnother reported report—the to the Bureau police of in Justice 18,000 Statistics’ jurisdictions, annu- more of their expertise when sentencing, and help inmates al survey of more than 90,000 households—concluded that fairnessrebuild their to the lives. criminal “The proposed justice system, reforms allow in the judges FIRST to STEP use the drop in the violent crime rate was closer to 74 percent Act apply the law as it was intended, refocus lengthy sentenc- (as it includes crimes that were not reported to the police).34 - cretion in sentencing offenders with limited and lower level decline, but it coincided with the increased use of strict sen- escriminal on serious history, offenders, and offer allow relief judges to thousands to exercise of inmates some dis at Ittencing may be guidelines impossible and to mandatory definitively minimum prove the penalties. cause of this

the conservative grassroots group FreedomWorks.29 Furthermore, policymakers would be wise to remember that no cost to public safety,” wrote Adam Brandon, president of the nation is in the midst of a devastating opioid epidemic. In As Senator Cory Booker, D-N.J., noted, “This deal represents 2017 alone, more than 72,000 people died of drug overdoses a meaningful break from the decades of failed policies that in the United States—an increase of more than 6,000 deaths led to mass incarceration, which has cost taxpayers billions over the previous year.35 Now is not the time for the govern- of dollars, drained our economy, compromised public safe- ment to loosen penalties for serious drug offenses. ty, hurt our children, and disproportionately harmed com-

30 munities of color while devaluing the very idea of justice in America.” 26 KEY TERMS

Disparity

A disparity is a great difference.

Federal prisoner

A federal prisoner is an inmate who is serving a sentence for breaking federal law.

Felony

A felony is a serious crime, typically one that involves violence.

Incarceration

MandatoryIncarceration minimum is the sentencingstate of being confined in prison.

Mandatory minimum sentencing requires offenders to serve predetermined sentences for certain crimes (usually seri- ousRetroactive or violent crimes). These sentences are defined by law, not by judges.

A retroactive policy takes effect from a date in the past.

Three strikes law

A three strikes law requires a harsher punishment (typically a life sentence) the third time a person commits a felony.

27 QUESTIONS TO CONSIDER

1. Do you believe Congress should pass the FIRST STEP Act? Explain your answer.

2. Do you support the use of mandatory minimum sentencing? Why or why not?

3. Do you believe the promise of strict sentencing is an effective crime deterrent? Explain your answer.

28 ENDNOTES

1 U.S. Constitution. Amendment VIII.

32 EncyclopediaPBS. “Thirty Years Britannica of America’s Drug War: A Chronology.” Frontline. Web. 28 Nov. 2018.

. “War on Drugs.” Web. 28 Nov. 2018. U.S. News & World Report. 3 Aug. 2010. Web. 28 Nov. 2018.

4 Kurtzleben, Danielle. “Data Show Racial Disparity in Crack Sentencing.” Washington Post. 29 Jul. 2010. Web. 28 Nov. 2018.

5 Abrams, Jim. “Congress Passes Bill to Reduce Disparity in Crack, Powder Cocaine Sentencing.”

6 Legal Match. “Three Strikes Laws in Different States.” 30 Apr. 2018. Web. 2 Dec. 2018.

7 U.S. Department of Justice. “1032. Sentencing Enhancement—’Three Strikes’ Law.” Web. 2 Dec. 2018.

8 U.S. Sentencing Commission. “Quick Facts on Federal Mandatory Minimum Penalties.” 2017. Web. 29 Nov. 2018.

109 Ibid.U.S. Sentencing Commission. “Federal Drug Mandatory Minimum Penalties.” 2017. Web. 29 Nov. 2018.

12 Gramlich, John. “5 Facts About Crime in the U.S.” Pew Research Center. 30 Jan. 2018. Web. 28 Nov. 2018.

13 Johnson, Carrie, and Marisa Peñaloza. “Judge Regrets Harsh Human Toll of Mandatory Minimum Sentences.” NPR. 16 Dec. 2014. Web. 28 Nov. 2018. Web. 28. Nov. 2018. Kaeble, Danielle, and Mary Cowhig. “Correctional Populations in the United States, 2016.” U.S. Department of Justice, Bureau of Justice Statistics. Apr. 2018. 14

15 Gramlich, John. “America’s Incarceration Rate Is at a Two-Decade Low.” Pew WashingtonResearch Center. Post. 142 May Nov. 2018. 2018. Web. Web. 28 29 Nov. Nov. 2018. 2018.

16 Kim, Seung Min. “Trump Endorses Bipartisan Criminal-Justice Reform Bill.”

17 Schuppe,Ibid. Jon. “Criminal Justice Reform Finally Has a Chance in Congress. Here’s What the First Step Act Would Do.” NBC News. 15 Nov. 2018. Web. 29 Nov. 2018.

18 Washington Post. 14 Nov. 2018. Web. 29 Nov. 2018. Schuppe, Jon. “Criminal Justice Reform Finally Has a Chance in Congress. Here’s What the First Step Act Would Do.” NBC News. 15 Nov. 2018. Web. 29 Nov. 2018. 19 Kim, Seung Min. “Trump Endorses Bipartisan Criminal-Justice Reform Bill.”

20 Schuppe,Ibid. Jon. “Criminal Justice Reform Finally Has a Chance in Congress. Here’s What the First Step Act Would Do.” NBC News. 15 Nov. 2018. Web. 29 Nov. 2018.

21 Ibid.

22 Washington Post. 14 Nov. 2018. Web. 29 Nov. 2018.

23 Kim, Seung Min. “Trump Endorses Bipartisan Criminal-Justice Reform Bill.” Washington Post. 26 Nov. 2018. Web. 29 Nov. 2018.

24 Ibid.Kim, Seung Min. “Senate Republicans Mull Changes to Controversial Criminal Justice Bill.”

25 Washington Post. 28 Nov. 2018. Web. 29 Nov. 2018.

26 Tumulty, Karen. “Something Rare and Wondrous Is Happening in Congress.” Washington Post. 9 Feb. 2016. Web. 2 Dec. 2018.

27 Horwitz, Sari. “Former Federal Judge to President Obama: Free the Man I SentencedWashington to 55 Post Years. 28 in Nov. Prison.” 2018. Web. 29 Nov. 2018.

28 Tumulty, Karen. “Something Rare and Wondrous Is Happening in Congress.”

29 U.S. Senate Committee on the Judiciary. “Senators TheUnveil Hill Bipartisan. 14 Nov. 2018. Prison, Web. Sentencing 29 Nov. 2018. Legislation.” 15 Nov. 2018. Web. 29 Nov. 2018.

30 Brandon, Adam. “Time to Pass the First Step Act.” Nov. 2018. Web. 29 Nov. 2018. Booker, Cory. “Booker Supports Comprehensive Criminal Justice Reform Compromise Introduced Today in Senate.” Official Website of Senator Cory Booker. 15 31 National Review. 26 Nov. 2018. Web. 29 Nov. 2018.

32 Cotton, Tom. “What’s Really in Congress’s Justice-Reform Bill.” Washington Post. 26 Nov. 2018. Web. 29 Nov. 2018. Cotton, Tom. Christian Post Kim, SeungGovernment Min. “Senate Executive Republicans. 27 Nov. Mull 2018. Changes Web. 29 to Nov. Controversial 2018. Criminal Justice Bill.” “Why I Oppose the Prison Reform Bill.” . Web. 29 Nov. 2018. Katz, Eric. “Federal Law Enforcement Not Happy with Trump-Backed Criminal Justice 33 Reform.” Christian Post. Web. 29 Nov. 2018.

34 Cotton, Tom. “Why I Oppose the Prison Reform Bill.”

35 Gramlich, John. “5 Facts About Crime in the U.S.” Pew Research Center. 30 Jan. 2018. Web. 28 Nov. 2018. Washington Post. 15 Aug. 2018. Web. 29 Nov. 2018. Ingraham, Christopher. “Fentanyl Use Drove Drug Overdose Deaths to a Record High in 2017, CDC Estimates.” © 2018 Close Up Foundation. All Rights Reserved. www.closeupinclass.org 29 EXPERIENCE CLOSE UP Each year, the Close Up Foundation helps more than 20,000 students and teachers, in 1,200 schools nationwide, develop the skills they need to begin a lifetime of active citizenship. We accomplish this through our classroom publications, professional development, and Washington DC-based programs.

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