1. What does the Court mean when it says, “Stare decisis is not an inexorable command; rather, it ‘is a principle of policy and not a mechanical formula of adherence to the latest decision’”?
2. What would it mean for the American system of criminal justice if stare decisis actually were an “inexorable command” or “a mechanical formula of adherence to the latest decision”?
3. Should the doctrine of stare decisis apply differently in the highest court of a jurisdiction than in its lower courts?
4. What principles should guide the U.S. Supreme Court in deciding whether to adhere to one of its precedents?
5. Compare the Court’s decision in Payne with its ruling in Lawrence v. Texas, 539 U.S. 558 (2003). Why did the Court follow precedent in Payne, but reverse it in Lawrence?
6. Research how the changes in January 2017 to the Clean Water Act affected criminal prosecutions for pollution of the water? What are your thoughts?
7. Statutory rape is a strict liability crime in many jurisdictions. Under this statutory approach, a defendant does not have to intend to have sex with a minor to commit the crime. Even more, evidence that the victim appeared to be an adult or that the defendant was misled by the victim about his or her age are not defenses to the crime. Consider whether fairness (due process) or some other constitutional provision is violated by a strict liability statutory rape statute.