Jack Leon
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FSTY Final Portolio
Dr. Beth Eakman
12- December- 2015
Freshman Studies 1313-07
St. Edward’s University 3001 South Congress Ave. Austin, TX 78704 December 7th, 2015 Dear Professor Eakman, The point of this letter is to recognize how Freshman Studies has helped me improve as a student and critical thinker. During this semester, we tackled complex and challenging social problems, and I was able to join the academic conversation around these subjects. A majority of the concepts we discussed I had a little experience with, but this class took those concepts and made them real for me.
I gained a lot from the linked lecture and writing courses. In Rhetoric and Composition, we learned how to research and form written arguments within the scope of big ideas we discussed in Freedom and Rights, including counter-terrorism, capital punishment, and human rights. throughout your writing course. we focused primarily on capital punishment, with some of my understanding of the subject coming from the lecture class. While Freedom and Rights covered the broad history and political controversy surrounding issues, it was in my writing class in which I was able to do my own research and form my own opinions on subjects, which I enjoyed more than lecture.
In Rhetoric and Composition, I worked closely with our teacher assistant, Lauren. She was always helpful in giving me a better understanding of what we were learning. Lauren regularly hosted study sessions where she would answer any questions our class had. She would also read our papers and offer guidance or give clarity to a complex issue. She communicated with us through facebook, which was an easy way to keep up with class updates and share resources. I am glad we had Lauren assisting this class, it would not have been the same without her.
Throughout this semester, I have built a strong foundation in rhetoric. I have improved my understanding of the elements of argument, especially in identifying claims, the reasons for those claims, evidence supporting the reasons, and the values driving the whole argument. I can identify emotional appeals as well as how voice and tone impacts the effectiveness of those appeals. I have spent time evaluating sources, and in doing this improved my ability to determine if a source is balanced, credible, relevant, or has a point of view that limits or reinforces their argument. Within my writing, I have learned how to properly embed source quotes using signal phrases. Embedding sources is important, especially when writing a research paper like we did in this class. The study of rhetoric this semester not only gave me a clear understanding of the concept itself, but also enhanced my writing.
This semester, I took big strides in composing written arguments. I created outlines, revision drafts, flowcharts, and swapped peer edits. Furthermore, I have begun to adopt a recursive sequence of invention, drafting, revision, and editing. In high school, we were given only twenty to forty minutes to write an essay, and these concepts were not taught in depth. Your class, on the other hand, has given me the time needed to plan out and edit my papers. Throughout this semester, revising and editing my writing has shown me how academic papers should be organized. Before this class, I never had the opportunity to read or critique my classmates work. The peer edits we did this semester have helped me see where my own work needs improvement. The composition skills I have gained in this class have helped my write well developed papers in all of my courses, and will carry on after this course is over.
The Freshman Studies course has given me the ability to conduct academic research in a way I had never been exposed to. This is the first time I have been given the chance to form my own research question, instead of being given a prompt to answer. I have also done my own research and found my own sources, unlike in high school AP courses where the sources and citations are given to the student. I improved upon my ability to recognize the pros and cons of different types of sources. Before this class, sources were always academic
studies or novels. I have now learned to use a variety of sources, from Supreme Court cases “Under Atkins v. Virginia (2002), executing individuals with ‘mental retardation’, now known as intellectual disability, is against the law.” to websites “‘It’s a standard psychiatric concept, if you put people in isolation, they will go insane… Most people in isolation will fall apart.’ (Human Rights Watch).” Conducting research on my own, with vast databases and libraries to pick from, has turned the otherwise abstract term “research” into something I will know how to do, in college and beyond.
My time analyzing a wide range of sources in Freshman Studies has promoted my ability to read and think critically. I have learned how to identify fault logic in an argument. This has helped me not only in research, but also in revising my own arguments. During my research, I had to evaluate sources for reliability. This has given me an eye for possible bias, credibility, and source references. Evaluating writing in a critical way has carried over into all my reading, including news articles I read in my spare time. This course has also refined my ability to find strengths and weaknesses in an argument. This improvement was made while analyzing sources, peer work, and my own work. The ability to think and read with a critical mindset will be an important skill for school and life in general.
My Freshman Studies courses touched on very serious issues in our society. My time spent analyzing different sides of a topic has sharpened my ability to reason morally and engage in civil discourse. During research, I had to get an idea of what all sides of an issue were saying before I could form my own opinion and enter the conversation. A lot of the arguments we analyzed were value-based, such as the enduring American dichotomy that exists between proponents of tradition and those of progress. This course challenged me to explore these values and the rationales behind them. From in class discussions to written arguments, I have developed my ability to give my viewpoint in a civil and respectful way. Before this course moral reasoning and civil discourse were concepts I was familiar with, but I can now say I have done these things in an academic setting, where I am joining a real conversation.
I hope I have made it clear that Freshman Studies has given me skills that will help me inside and outside the classroom. It has turned once abstract concepts into concrete practices that I can use to express an argument in written form. I am truly thankful for what I have gained in this class and I am eager to take future courses taught by you. Best Regards, Jack Leon
Jack Leon Beth Eakman Re FSTY 1313.07 Fall 2015 Rhetorical Analysis Race and Guilt in the American South Bryan Stevenson’s memoir Just Mercy explores many arguments that describe how our criminal justice system is in error. The arguments are given through stories of Stevenson’ time as a lawyer defending men, women, and children on death row. Most of the book is set in the American South, where racial issues have plagued the region for centuries. The most effective argument Stevenson uses is the widespread racial imbalance in the administration of the death penalty. Bryan Stevenson’s audience is an educated American public. The purpose of his book is to convince the American public that our system of capital punishment is defined by error. Another purpose is to put the issue of mass incarceration and racial discrimination into a fresh perspective. The occasion of this book is important to understanding the racial argument being made. It was published at a time when many in the African American community were calling for reform within the American police and justice systems. This call for reform was in response to national controversies over the impunity members of the law enforcement received after killing unarmed black men. This movement has been dubbed “Black Lives Matter” by its organizers and has been a hot topic in the American media. Just Mercy puts this movement into a decades long context in which racial problems have persisted well past the civil rights movement. Stevenson describes how disregard for African American lives extends throughout our justice system, from low level policing to our nation’s highest punishment, the death penalty.
The genre of this book is creative non-fiction because Stevenson uses literary techniques and styles to give an accurate depiction of past events in his life. The book is more personal than formal, but it has a serious tone. The fact that it is a book, instead of a movie, show, or other medium of publication means that the stories presented are well developed and more details can be given. Stevenson can tie together multiple narratives and give supporting evidence, something that would be limited by time if presented in another medium. The writer of the book is a well-educated African American lawyer who runs a non-profit law firm devoted to representing poor and marginalized people on death row. The audience could see his race as something that gives him bias, or they could interpret it as a legitimate point of view from a member of the community being oppressed. The audience receives a first person account of how minorities are treated in the Southern states. This is especially important for white audiences, who have never experienced racial discrimination in the way Stevenson and other African Americans have. An argument Stevenson makes is that our justice system is in error due to widespread racial disparities in capital punishment cases. Stevenson effectively supports this idea through the logic that justice systems are supposed to be equal in their punishments. Due to laws in some Southern states that permanently bar prisoners from voting, disenfranchisement among black men has reached levels worse than before the 1965 Voting Rights Act (16). This means the black community has less representation in the elected justice system. Throughout the book, Stevenson describes how white District Attorneys, judges, juries, and prosecutors work together to put members of the black community on death row. At one point in McMillian’s trial, prosecutors organized the jury pool into four groups“strong”, “medium”, “weak”, and “black”. “All twenty-six black people
in the jury pool could be found on the ‘black’ list, and the prosecutors excluded them all.”(61) He clearly defines and supports his argument throughout the book with statistics to illustrate the widespread injustice. Some of the statistics are truly riveting. One in three black males born in the 21st century can expect to be incarcerated at one point in their lives (15). Stevenson writes “presumptions of guilt, poverty, racial bias, and a host of other social, structural, and political dynamics have created a system that is defined by error, a system in which thousands of innocent people now suffer in prison.”(16) Stevenson uses these arguments to effectively illustrate how corrupted the criminal justice system is by racial prejudice. For an argument to be effective, the writer must establish credibility with the audience. The fact that Stevenson graduated from Harvard Law School shows that he is an incredibly intelligent person. This also shows he has a firm understanding of how a justice system should work. He details his experiences representing people on death row, which further adds to his credibility on the subject. The fact that he started a non-profit organization, in order to defend people on death row, earns the audience’s respect. Stevenson makes it clear he is not working for a big paycheck, but instead for a “$14,000 annual salary” that did not even leave him money for rent (35). The character of the writer is very important in conversations about the justice system. The audience is not going to trust a criminal or someone they perceive as a bad person to objectively argue about the justice system. However, Stevenson comes off as a genuine and law abiding citizen throughout the book. Stevenson’s argument is effective because his audience can trust that he is telling the truth about the criminal justice system. Stevenson appeals to the emotions of his audience in order to effectively advance his argument. Haunting personal accounts of racism and prejudice are abundant throughout the novel. One story
that shows how racism permeates throughout the Southern criminal justice system is the story of Walter McMillian, a black man who local officials put on death row and fully intended to execute, despite the fact that “there was no evidence against McMillian- no evidence except that he was an African American man…”(34). Stevenson included this to show that authorities were willing to execute an innocent black man, something that digs deep into our notion of justice in America. Another account of racism Stevenson describes is the arrest of McMillian, in which Sheriff Tate released a flurry of racial slurs- “all he heard throughout his arrest, over and over again, was the word nigger. ‘nigger this,’ ‘nigger that,’ followed by insults and threats of lynching…’I ought to take you off and hang you like we done that nigger in Mobile’”(48). These accounts work to shock the audience into realizing just how egregious the racism is in the Southern criminal justice system. Stevenson also describes how error in the criminal justice system can affect the families of the victims, which further appeals to the emotion of the reader. Stevenson includes a monologue by McMillian’s older sister, directed at Stevenson- “What do we tell these children about how to stay out of harm’s way when you can be at your own house, minding your own business, surrounded by your entire family, and they still put some murder on you that you ain’t do and send you to death row?”(93) These false accusations, based on nothing but race, leave families confused, torn, and in mourning- things that Stevenson knows will have an emotional impact on the audience, and further advance his argument. Stevenson reinforces his arguments with evidence throughout the book. Because of the controversial nature of claiming that a criminal justice system is in error, the copious amount of evidence he uses is sufficient. In no way is his argument a hasty generalization, because he offers substantial evidence that his claims are valid. He
makes a strong claim and supports it with solid evidence. Stevenson’s evidence is not atypical; it represents what is truly occurring in the South. The evidence comes across as accurate because of his credibility and the trust the reader places in him as an educated lawyer. Stevenson’s evidence is absolutely relevant, because it relates to racism in the criminal justice system. Bryan Stevenson makes a compelling argument that our criminal justice system is defined by error. The error is especially disturbing in capital punishment cases, where the consequence of a mistake is the taking of an innocent human life. At a time when many Americans hold the belief that racism is a thing of the past, Just Mercy effectively reminds us that racial issues are very much alive in the post-civil rights movement era.
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Jack Paul Leon III FSTY 1313-07 Dr. Beth Eakman 19 November 2015 Mental Health in the context of Capital Punishment Our current system of capital punishment fails to adequately consider mental illnesses in the application of the death penalty. This is a widespread problem since one in 17 Americans live with a serious mental illness (NAMI). Past Supreme Court cases have permitted capital punishment be given to murder cases that are ”outrageously and wantonly vile, horrible and inhuman”(Gregg v. Georgia). This phrase calls into question the legality of executing those with mental illnesses. These disorders limit normal brain functions, cognitive thought, emotional behavior, and general grasp of reality. Those with mental illnesses can not be considered deliberately or willfully inhumane. A recent report claimed 5-10% of inmates on death row have a severe mental illness (Mental Health America). Any amount of people facing wrongful execution is an injustice, but since 3,002 total inmates sit on death row as of 2015, this percentage indicates serious problems within our criminal justice system. These problems include how we define competency to be executed apart from mental illness, how the mentally ill are treated throughout the legal process, how they are stigmatized by public perceptions in court, and finally how improper treatment for the mentally ill on death row amounts to torture. The central issue in the conversation over capital punishment and mental illness is the lack of legal protection afforded to the mentally ill. There is codified protection given to
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defendants with other mental problems, such as intellectual disability or psychotic episodes. Under Atkins v. Virginia (2002), executing individuals with “mental retardation”, now known as intellectual disability, is against the law. However, the law does not protect those with mental illnesses, which are distinct from intellectual disability. Those with intellectual disabilities experience limitations on cognitive functioning, adaptive behavior, and social skills (AAIDD). The term “mental illness” is defined by the National Alliance on Mental Illness as an umbrella term for many disorders such as Schizophrenia, Posttraumatic Stress Disorder, Autism, Dissociative Disorders, Depression, and several other mental health conditions. The legal protection given to those with intellectual disability but absent for those with mental illnesses is central to the legal foundation for executing the mentally ill. Since the Supreme Court ruling in Ford v. Wainwright (1986) , executing the mentally “insane” has been prohibited. Insanity was defined as “whether the prisoner is aware of his impending execution and of the reason for it.” (Ford v. Wainwright) This became the practiced law until Panetti v. Quarterman (2007), in which the court ruled awareness of the crime committed and understanding of the punishment is not sufficient evidence of competency to be executed. The court did not, however, set guidelines that provide a clear definition of mental competence (Panetti v. Quarterman). Instead, the States have the freedom to determine competency to be executed and often overlook mental illness as a factor protecting the defendant from capital punishment (Death Penalty Information Center). The lack of codified protection afforded to mentally ill defendants is the basis for why the mentally ill continue to be executed.
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The lack of proper treatment for those with poor mental health is a problem from the first encounter with police to their final moments on death row. Police “responses have important implications in terms of whether individuals receive treatment, remain in their current situation, or face the problems inherent in a criminal justice system that is ill prepared to meet their needs”(American Psychiatric Association). The level of respect shown towards mentally ill defendants shapes the level of cooperation shown to police. This is known as the “procedural justice theory” and determines whether or not the mentally ill defendant contributes valuable information to law enforcement agents (American Psychiatric Association). There has been little police attention devoted to handling encounters with the mentally ill (University of Albany). When respect towards a mentally ill individual is not shown, the defendant will shut down and resist law enforcement, which leads to harsher treatment and increases the likelihood of an eventual execution once they are incarcerated. The stigma surrounding mental health in public perception has led to more death sentences for the mentally ill. Defendants with mental problems are often described by prosecutors as being remorseless, impulsive killers. The fact that they can not control themselves, prosecutors argue, shows they are bound to be a recurring threat to society (Encyclopedia of Psychology and Law). This stigma is evident in a study where “expert testimony described the defendant as psychopathic, a much larger percentage of participants supported a death sentence (60%) than when testimony indicated that he was psychotic (30%) or not mentally disordered (38%)”(Behavioral Sciences and the Law). In this study, “psychopathic” is a term used to describe mental illnesses, while “psychotic” is
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the general term for the loss of mental control for a short time, also known as a psychotic episode. The mentally ill, who have limited control over their actions, should be the least culpable for their crimes. Instead, mentally healthy individuals who have a full grasp of their actions and the consequences of their actions are less likely to receive the death penalty. Our justice system condemns those that need our medical help the most. Instead of being afraid of those with mental illnesses, we should understand and treat their disorders. The public, and thus juror’s, embracement of stigmas surrounding mental health is a problem we can not ignore. Within our justice system, there is evidence that the mentally ill are not treated properly. Dr. Terry Kupers, a psychiatrist studying death row, claims the move towards solitary confinement units as the normal cell for inmates has exacerbated problems with mentally ill prisoners. States hold 93 percent of death row inmates in solitary confinement for 22 hours or more a day, and the average time on death row is 14.8 years (ACLU) Keeping the mentally ill in solitary confinement makes their mental states worse, all “human beings need social interaction to maintain a grasp on reality. In isolation, delusional thoughts develop and turn into paranoia.”(Kupers) These prisoners are already experiencing a disoriented and confused reality, and pushing them further into a delusional state betrays them of the justice our system promises them. This added stress on the mentally ill often pushes them to the brink of psychotic episodes (Kupers). Inmates experience “perceptual distortions and hallucinations,” “chronic depression,” “weight loss,” “talking to oneself,” “nightmares,” and “self mutilation.”, the lack of proper treatment for these prisoners amounts to torture, and a high rate of suicide on death row is above the
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national average.(ACLU) These conditions would drive a mentally healthy person into psychotic episodes, and must be a nightmare for those with already severe mental problems. “It’s a standard psychiatric concept, if you put people in isolation, they will go insane… Most people in isolation will fall apart.” (Human Rights Watch) For these prisoners to give up on their appeals process, along with the will to live, is a glaring indication of a problem in our criminal justice system. Executing people who are mentally ill, who do not have a firm grasp on reality nor the consequences of their actions, is not a sign of a mature society. A legal system that treats the mental illnesses, instead of killing those who have them, is the standard we ought to aim for. Capital punishment is reserved for the worst offenders in society, who plan and carry out their crimes with the intent to kill. Those with mental illnesses can not be considered for that category of crime.
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Works Cited
1. Atkins v. Virginia, Cornell University Law School et seq . (2002). Print. Human Rights Watch, Ill-Equipped: U.S. Prisons and Offenders with Mental Illness 149 n. 513 (2003). 2. A Death Before Dying: Solitary Confinement on Death Row . Rep. New York: American Civil Liberties Union, 2013. Print. 3. "Ford V. Wainwright." Supreme Court Cases: The Dynamic Court (1930-1999) (1999): N.PAG. Military & Government Collection . Web. 19 Nov. 2015. 4. Fins, Deborah. Death Row U.S.A . Rep. Spring ed. N.p.: NAACP, 2015. Print. Criminal Justice Project. 5. "Gregg V. Georgia." Supreme Court Cases: The Dynamic Court (1930-1999) (1999): N.PAG. Military & Government Collection . Web. 19 Nov. 2015. 6. "Mental Health Conditions." NAMI: National Alliance on Mental Illness . N.p., n.d. Web. 19 Nov. 2015. 7. "Definition of Intellectual Disability." Definition . American Association on Intellectual and Developmental Disabilities (AAIDD), n.d. Web. 19 Nov. 2015. 8. "Mental Illness and the Death Penalty." American Civil Liberties Union . American Civil Liberties Union (ACLU), n.d. Web. 19 Nov. 2015.
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9. Saks, E. and Litt, M. (2009), Retributive constraints on the concept of competency: the Required Role of “Patently False Beliefs” in Understanding Competency to be Executed. Behav. Sci. Law, 27: 1–27. doi: 10.1002/bsl.852 10. "PUBLICATIONS." NCJRS Abstract . National Criminal Justice Reference Service, June 2007. Web. 19 Nov. 2015. 11. No sympathy for the devil: Attributing psychopathic traits to capital murderers also predicts support for executing them. Edens, John F.; Davis, Karen M.; Fernandez Smith, Krissie; Guy, Laura S. 12. Personality Disorders: Theory, Research, and Treatment, Vol 4(2), Apr 2013, 175-181. http://dx.doi.org/10.1037/a0026442 13. Hall v. Florida. Supreme Court. 27 May 2014. Print. 14. Duckworth, Ken, MD. Mental Illness Facts and Numbers . Rep. N.p.: n.p., n.d. National Alliance on Mental Health (NAMI) . Web. 19 Nov. 2015.
15. "Center for Problem-Oriented Policing." Center for Problem-Oriented Policing . University of Albany, 2006. Web. 19 Nov. 2015. 16. Miller, Monica K., Jared Chamberlain, and Jose H. Vargas. "Mental Illness and the Death Penalty." Encyclopedia of Psychology and Law (2008): n. pag. May 2007. Web. 19 Nov. 2015.