COURSE SYLLABUS
ARMSTRONGATLANTICSTATEUNIVERSITY
CRIMINAL JUSTICE 8851: SEMINAR IN LAW/SOCIAL CONTROL
Spring, 2008
Section: 1 (T) 6:00 - 8:45 p.m.)
INSTRUCTOR: BECKY KOHLER da CRUZ, J.D.
Assistant Professor of Criminal Justice & Law
OFFICE: UH 219PHONE: 921-7407E-MAIL:
OFFICE HOURS: 11:00 am -12:30 pm Monday through Thursdayor by Appointment
COURSE DESCRIPTION:
Jurisprudential paradigms, societal norms and sanctions, and prescriptive moral frameworks.
REQUIRED TEXTBOOKS:
Cole, D. (1999). No Equal Justice: Race and Class in the American Criminal Justice System. The New Press. ISBN # 1-56584-566-8.
Vago, Steven (2006). Law and Society (8thed.). Prentice Hall. ISBN # 0-13-192844-9.
WEEKLY ASSIGNMENTS:
Week 1Introduction to the course
Vago – Chapter 1
Article:Thompson, A. C. (2002). It takes a community to prosecute.Notre Dame LawReview, 77, 321-372.
Week 2Theoretical Perspectives
Vago – Chapter 2
Article: Ulmer, J. T. & Johnson, B. (2004). Sentencing in context. Criminology, 42(1), 137-178.
Article: Wright, R. F. & Engen, R. L. (2006). The effects of depth and distance in a criminal code on charging, sentencing, and prosecutor power. North Carolina Law Review, 84, 1935-1982.
Week 3Organization of the Law
Vago – Chapter 3
Article:Ebbesen, E. B. & Konečni, V. J. (1985). Criticisms of the criminal justice system: A decision making analysis. Behavioral Sciences & the Law, 3(2), 177-194.
Week 4Lawmaking
Vago – Chapter 4
Article:Merritt, N., Fain, T., & Turner, S. (2006). Oregon’s get tough sentencing reform: A lesson in justice system adaptation. Criminology & Public Policy, 5(1), 5-36.
Week 5Law & Social Control
Vago – Chapter 5
Article: Shane-Dubow, S. (1998). Introduction to models of sentencing reform in the United States. Law & Policy, 20(3), 231-245.
Week 6Law & Dispute Resolution
Vago – Chapter 6
Article: Langer, M. (2006). Rethinking plea bargaining: The practice and reform of prosecutorial adjudication in American criminal procedure. American Journal of Criminal Law, 33(3), 223-299.
Week 7Law & Social Change
Vago – Chapter 7
Article: Hartley, R. D., Maddan, S. & Spohn, C. C. (2007). Prosecutorial discretion: An examination of substantial assistance departures in federal crack-cocaine and powder-cocaine cases. Justice Quarterly, 24(3), 382-407.
Week 8The Legal Profession
Vago – Chapter 8
Article: Bjerk, D. (2005). Making the crime fit the penalty: The role of prosecutorial discretion under mandatory minimum sentencing. Journal of Law and Economics, 48, 591-624.
Week 9Researching Law in Society
Vago – Chapter 9
Article: Lynch, G. E. (2005). Sentencing: Learning from, and worrying about, the states. Columbia Law Review, 105(4), 933-942.
Week 10Policing Race and Class
Cole – Introduction & Chapter 1
Article: Free, M. D. (2002). Race and presentencing decisions in the United States: A summary and critique of the research. Criminal Justice Review, 27(2), 203-227.
Week 11Laws Used Against the Underprivileged
Cole – Chapter 2
Article: Kempf-Leonard, K. & Sample, L. L. (2001). Have federal sentencing guidelines reduced severity? An examination of one circuit. Journal of Quantitative Criminology, 17(2), 111-144.
Week 12Discrimination in the CJ System
Cole – Chapters 3 & 4
Article:Manton, J. D. (2005). Calling on the legislature: Dixon v. State and Georgia’s statutory scheme to protect minors from sexual exploitation. Mercer Law Review, 56, 777-792.
Article: Williams, S. S. (2005). Can’t do the time, don’t do the crime?: Dixon v. State, statutory construction, and the harsh realities of mandatory minimum sentencing in Georgia. GeorgiaStateUniversity Law Review, 22, 519-540.
Week 13Prosecutors’ Role
Cole – Chapter 5
Article:Griffin, L. C. (2001). The prudent prosecutor [Electronic version]. Georgetown Journal of Legal Ethics, 14, 259-307.
Week 14The Costs of Inequality in the CJ System
Cole – Chapter 6
Article: Fearn, N. E. (2005). A multilevel analysis of community effects on criminal sentencing. Justice Quarterly, 22(4), 452-487.
Week 15Remedies & Proposed Solutions
Cole – Chapter 7
Article: Wright, R. F. (2005). Sentencing commissions as provocateurs of prosecutorial self-regulation. Columbia Law Review, 105, 1010-1047
Final’s WeekExam
**Additional readings may also be assigned.
CLASS FORMAT:
I will provide some lecture when necessary to synthesize the readings or to provide additional information that is not in them. However, it is the students of the class who will lead the class discussion every week. The students will alternate each week in leading the class discussions. The weekly discussion leader will have to familiarize him or herself with the readings and brief the class on each chapter & article, while at the same time be able to answer questions from me. However, each student is responsible for reading and being able to discuss all readings for the week as they will be asked questions and offer input to the discussion.
ATTENDANCE POLICY:
Students are expected to be presentfor ALL scheduled classes – in body and mind. You are responsible for all information not only in the readings but also what is presented in class. If you miss a class, get the notes from a classmate.
EVALUATION METHODS:
Paper & Presentation:
I.Overview
Each student will be required to give an oral presentation (45 minutes) on a topic relevant to the class material. Specific topics will be selected in consultation with the instructor. In addition a paper (20 page minimum) will be required on your specific topic.
II.Paper
A.The paper must summarize and discuss your presentation topic. It must contain:
1. A clear statement of the problem or issue of concern,
2.Summaries of present relevant research from at least 10 sources,
3.A discussion of the implications of proposed solutions for future policy, practice, and research in juvenile justice, and
4.The student’s evaluation and conclusions regarding possible methods of managing the problem; i.e. the student’s opinion on the issues raised.
B.The instructor is looking for what you have learned about current issues how the law is used as a social control method. The paper is expected to have content and thoughtful analysis on the topic on and “advanced” level. I would expect that the paper would be based on adequate references of scholarly materials rather than introductory textbooks or popular writings. I encourage you to add your own opinions; however, those opinions should be carefully considered, logical, and supported by evidence or outside rationale. The most common mistakes are (a) just summarizing the topic and not analyzing it or discussing your views, (b) failing to relate the subject to larger (broader) social or legal issues as found in the readings. Broader issues are how the research might yield a different approach to criminal justice, usefulness of various alternatives, different approaches to agency management, etc.
III.Oral Presentation
A.Students will be allowed adequate time to fully present their positions. You many use any type of visual aid you deem necessary to bolster your presentations (i.e. films, videos, overhead projectors, etc.). Let me know at least two weeks in advance so that I may order the equipment from the library. Note: the use of visual aids does no count toward your 45 minute minimum.
B.A written outline (with copies for each student and the instructor) must accompany the presentation.
C.You may NOT read your presentation to the class. You must use and extemporaneous approach. You may use index cards, notes, etc. as necessary to refresh your memory. Warning: if you revert to reading a written text, I will stop the presentation an issue a grade of zero.
IV.Format and Submission of the Paper
A. A title page with your name, title of the paper, and course number should be stapled to the paper in the left-hand corner. Please no folders, covers, binders, etc.
B.The length of the paper is a minimum of 20 pages, typed, double-spaced content. This does not count the title page or the reference page(s).
C.Minimum of at least ten (10) references should be on a separate sheet. References should not be before 2000. You must reference all sources used within the paper in order to avoid plagiarism. Use APA format.
D.Grading will include an assessment of the student’s understanding of the materials, the adequacy of the critique, and the logical quality of the written and verbal argument. Final papers are due by the last scheduled class meeting. Late papers will not be accepted and a grade of zero will be assigned. Plagiarism will result in an automatic zero.
Weekly Assignments:
Students will earn points each week for attendance, participation, leading discussion and weekly papers. There are no makeups. Weekly assignments must be turned in during the class period assigned.
Final exam:
There will be one examination at the end of the semester. The content of the exam will include material from the readings, presentations, and all other materials presented in class. More specific information regarding the content of the exam will be discussed prior to the exam date. Note: There are no makeups for the final exam.
FINAL GRADE STANDARDS:
Presentation ...... 10 points
Paper ...... 20 points
Weekly Assignments...... 30 points (2 points per week x 15 weeks)
Final...... 40 points
100 points
You can earn a maximum of one hundred (100) points in this course. The approximate letter and numerical equivalents are as follows:
GradePointsPercent
A100-9090-100%
B89-8080-90%
C79-7070-80%
D69-6060-70%
F59-0below 60%
STANDARDS OF HONESTY:
The college experience is founded on the concepts of honesty and integrity. Dishonesty, cheating, and plagiarism will not be tolerated in this course. Plagiarism is representing someone else’s work as your own. It includes quoting or paraphrasing a secondary source without citing that source, or copying, buying, or stealing written work from another person or another source. All class writings must be a student’s own original work, created this semester for this particular course. Remember, plagiarism is not only immoral- it is illegal. Students who commit plagiarism or who cheat on an examination will receive a zero (0) for that work. If cheating and plagiarism continue, the student will receive a failing grade in the course and I reserve the right to submit student plagiarism to the Student Honor Court as provided for the Student Handbook. Such an offense can be referred to the university’s honor court and become a matter of your academic record.
EXTRA CREDIT POLICY:
I do not give extra credit in this course. You are expected to learn the core material as assigned. However, I do reserve the right to adjust final grades a maximum of 2% to account for such factors as participation and contribution to the course as well as excessive absences. As a result, I encourage students to attend all scheduled class meetings and consider making substantial contributions to the class discussions as it relates to the reading materials.