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Mass incarceration is fueled by a highly funded and minimally constrained criminal justice system that traps people branded as “criminals,” even individuals without a criminal record, into a permanent undercaste.

In this lesson, students will work in pairs and use expert reading strategies to analyze the Court’s ruling in Hernandez v. Texas. After participating in a carousel discussion, students will write a three-minute paper describing how the United States would be different if the Court had reached an alternate conclusion.