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CRM/SOCL 412 Law & Society : Fall 2003 (Current version)

T - Th 11:00 - 12:15 Pray Harrold 204

Required Readings Paul Leighton and Jeffrey Reiman, Criminal Justice Ethics	I am building a companion website to Criminal Justice Ethics, which can be a helpful resource in clarifying parts of the reading and/or exploring topics that interest you. More information on Plagiarism and citing internet sources
Recommended Reading Henry & Hinkle, Careers in Criminal Justice (Sheffield) 1879215438 Tobocman, You Don’t Have to Fuck People Over to Survive (Soft Skull) 1887125352 Randall Kennedy, Nigger (Pantheon Books) 0375421726 Michael Walzer, Just and Unjust Wars, 3^rd ed (Basic Books) 0465037054

NOTE: Grey shaded boxes like this indicate days where there is a class assignment

What Every American Should Know About Criminal Justice

We talked a bit in class about the unsolved anthrax case. There's a long article about the suspect Hatfill and details about the intensive investigation. Even if he had a grudge against the government, it seems odd he'd choose to do so in a time of national crisis, especially with a large amount of strong anthrax sent to the Capitol - 20 million lethal doses by one estimate. There's more background from a CBS news report, and the warning issues after the latest bin Laden video "suggests an attack, possibly involving chemical weapons, could be launched soon in Western Europe, U.S. officials said. The information comes from an interrogation of a captured al Qaeda operative or intercepted conversations among terror cell members still on the street, the officials said."

Date	Required Reading				Career & Job Info
Sept 4	Introduction & Greeting			I would recommend bookmarking this page for further reference. You may need to hit the Reload/Refresh button to get the latest version.
Sept 9	Intro Reiman	more information about moral reasoning and moral systems from the CJ Ethics website. For each of the main moral theories, there is a page that tries to summarize the main points in the reading
Sept 11	Part 1, Bazelon	companion materials on the insanity defense Criminal Justice Ethics page related to the social adversity defense Two years after 9-11, when Bush said he wanted Osama bin Laden 'Dead or Alive.' At the moment, Osama bin Forgotten
Sept 16	Part 1, Katz	Material on mens rea and attempts (including impossible attempts).
		IN CLASS QUIZ #1: In your book, there is a reading by Katz on 'impossible attempts.' One of the cases discussed is State v Clarissa. Your quiz will be: "What were the facts giving rise to the case, and did the Supreme Court of Alabama uphold or reverse the conviction?" (5 points)
Sept 18	Part 2, Feinberg p 87 - 88 (skip section 4) & 92 (Mill) - 108.	Harm Principle, Paternalism & Legal Moralism The info from the Texas same-sex sodomy case is from the Independence Day page of StopViolence.
Sept 23	Part 2, Drug Legalization	Drug Legalization debate pages NEWS: Santa Cruz Defies Bush Administration on Medical Marijuana: City Hall Courtyard Will Be Medical Marijuana Dispensary for Victims of DEA Raid WAMM, a cooperative run by and for patients (most with terminal diagnoses), worked closely with local authorities, strictly followed California law and local guidelines, and never sold marijuana to anyone. Nevertheless, armed DEA agents swooped down on the co-op Sept. 5, pointed automatic weapons at paralyzed patients, tore up WAMM's garden, and carted off operators Valerie and Mike Corral in handcuffs.
Sept 25	Part 2, Prostitution	More about Prostitution & Sex Work from the Criminal Justice Ethics site Full text of In re P with a few helpful links check out the feminist stripper page Pornography & Sex Work discussion from my Domestic Violence class Recommended read: Fallen Men: At 'John School,' Students Review a Lesson Picked Up on the Street
		PAPER #1 DUE: The reading by the International Committee for Prostitutes' Rights contains a number of draft statements about why prostitution should be legal. In a two page paper, (1) summarize their case. In addition, you should (2) provide a definition of legal moralism and paternalism and (3) indicate whether they rely heavily on these, or use another general perspective as a foundation for their argument. (10 points)
Sept 30	Part 2, Hate Crime	Full text of Mitchell, with some helpful links CJ Ethics: Hate Crimes StopViolence: Hate Crimes Without Sanctuary: Lynching Postcards and Photographs Virginia v Black was the cross burning cases decided earlier this year
Oct 2	Part 2, Corporate Violence	More on Tobacco and Corporate Violence Read Etzioni's article from the Washington Post "Profit Without Honor When It Comes to Ethics, Business Schools Get an F".
Oct 7	review & catch up	BONUS QUESTION will be based on this article and ask what two actions taken by Canada relate to our discussion about paternalism and moralism.
Oct 9	test on Parts 1 & 2. Please note that no one is admitted to the test after the first person has left. (50 points)
Oct 14	Part 3, Kleinig; Appendix on Codes of Ethics	More on Police Ethics Read a copy of the Appendix that has working links and some additional info
Oct 16	Part 3, Deception and Influence - read Skolnick & Leo	Miranda v Arizona abstract, opinion & audio of oral argument
		PAPER #2 DUE On the Police Ethics page, find the article entitled "A Continuum of Compromise," which discusses the process by which some officers go to become more corrupt and cynical. Write a two page paper summarizing the main points. Please make sure you describe (1) what the phases of the continuum are (2) what level of wrongdoing they entail, and (3) the mind set or rationalization the officer uses to justify it. In the concluding paragraph discuss what you thought to be the most important point of the article. (10 points)
Oct 21	Part 3, Entrapment - read US v Tobias	The Tobias opinion with some working weblinks about entrapment
Oct 23	Part 3, Selective Enforcement
		IN CLASS QUIZ #2 Read through the part of this law review article on Why Driving While Black Matters. Examine Part III, where the author lists six specific reasons. Your quiz will be: "Write down three as well as their definition or explanation for why the author believes driving while black does matter. (6 points)
Oct 28	Part 4, Lawyers’ Ethics - Haskell	More info on Legal Ethics and some lawyer jokes
Oct 30	Part 4, Amar & Cochran debate	Akhil Amar is a columnist for Findlaw.com and he has written a column on the 5th Amendment that expands on his argument in the book. See TAKING THE FIFTH AND MIS-TAKING IT: A Dialogue On Compelled Self-incrimination
Nov 4	Part 4, Weinstein, Kipnis
Nov 6	Review & Catch Up	BONUS: Akhil Amar, who argued with Cochran over whether defendants have too many rights, has written a column for Findlaw.com on the second amendment and gun ownership. What's the argument in GUNS AND THE CONSTITUTION: Telling The Right Second Amendment Story? It might be helpful to click the link that says "Michael Dorf has explained more fully" and information from that column can also be used to answer the bonus question.
Nov 11	test on Parts 3 & 4. Please note that no one is admitted to the test after the first person has left. (50 points)
Nov 13	Part 5, Treatment of Inmates - read Gorman
Nov 18	Part 5, Treatment of Inmates - read Newman		The text for the first edition of Just and Painful is available online.
			IN CLASS QUIZ #3: Your question will be about spanking machines (follow the link to the page - all the information you'll need to know is on that one page). The quiz will ask about the interest in them, including what some people see as the problem with whipping and how the spanking machine could promote the administration of justice. (4 points)
Nov 20	Part 5: National Council of Churches on death penalty; Nathanson, Reiman, van den Haag exchange	Death Penalty links from Criminal Justice Ethics A study by the Texas Defender Service concludes that capital defendants in the state have more than a 1 in 3 chance of being executed without benefit of competent appellate attorneys. the 101 reasons the United States Conference of Catholic Bishops opposes the death penalty
Nov 25	finish death penalty
Nov 27	NO CLASSES - THANKSGIVING
Dec 2	Part 6, Strossen and Allen debate	PAPER 3 DUE: Virtual Child Pornography. Read the column at Findlaw.com about the virtual child pornography case and focus on the parts relating to Ashcroft v. The Free Speech Coalition. What was the case about, what was the decision and how does it affect child pornography? What was the Court's reason for their decision? (Hint - the last two sections contain much of the important material) (10 points)
	Additional Background (you do not need to read this for the paper #3, but there are good links if the topic interests you or you need material for a paper on the topic for another class) Ashcroft v Free Speech Coalition, concerned whether the government can prohibit computer generated images that look like child pornography but did not involve actual children engaged in sexual activities. The 9th Circuit Court of Appeals struck down the law as violating the 1st Amendment (it is still captioned as Reno v Free Speech but the Supreme Court case reflects the change in administration and Attorney General). Recommended background reading: Washington Post article on the Supreme Court hearing arguments in the case. Brief filed by Clinton administration to the Supreme Court seeking certiorari (the formal petition for the Supreme Court to hear this case) to overturn the 9th Circuit opinion. The brief filed by the Bush administration to the Supreme Court outlining their position in the case. MSNBC had a good piece on 'child erotica' - nonnude but suggestive pictures of young teenage girls; there's also a link to the Knox case where a circuit court decides nudity is not a requirement for 'lewd and lascivious exhibition of the genitals' required for a child porn conviction. Decision on virtual child porn case reported by Washington Post
Dec 4	Part 6, Reiman	When you board a plane in the next year, your pilot may be armed. Make a call from a pay phone at the ballpark, and it may be tapped. Pay for a sandwich with a credit card, and the transaction may wind up in an electronic file with your tax returns, travel history, and speeding tickets. These are some of the ways that the biggest reorganization of the federal government in half a century could trickle down into the minutiae of the daily life of Americans. rest of story
Dec 9	Part 6, Seagal, Leighton	Televising executions
Dec 11	review & catch up	Bonus question: What are the issues discussed in the Findlaw.com column about Cameron Diaz's topless photos?
Dec 16	Final Exam - 11:00 - 12:30 (parts 5 & 6) (50 points) remember to be on time because no one will be admitted to take the final after the first person has left

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