A 13 year-old was accused of rape. The victim could not identify him physically, but thought his voice sounded familiar (six months after the attack). He got a one-day trial with a useless court-appointed lawyer who subsequently had his license revoked. He was sentenced to life without the possibility of parole. The 13 year-old was black. Florida justice.
In Texas, 2007, officials admitted that the Houston PD crime lab had being doing shoddy blood analysis and agreed to re-open 180 cases. Of the 180 cases, 160 inmates were still in prison. Of the remaining 20 cases, half had been executed on the basis partly of "scientific" evidence.
Meantime, elsewhere in the state, an investigation into sexual abuse and mismanagement at the Texas Youth Commission led to the dismissal of dozens of employees.
Back in the day of chain gangs, Alabama passed a law that gave sheriffs $1.75 a day to feed each prisoner in their jails, and the sheriffs got to pocket anything that was left over. More than 80 years later, most Alabama counties still operate under this system, with the same $1.75-a-day allowance. Would you want to be a defendant awaiting trial being fed on $1.75 a day?
November 2008, public defenders’ offices in at least seven states refuse to take on new cases or sue to limit them, citing overwhelming workloads that they say undermine the constitutional right to counsel for the poor. The system of indigent defense is broken in Kentucky, Georgia, Missouri, Tennessee, Minnesota, Maryland and Arizona.
And all is well with the world of criminal justice?
We get to discuss all sorts of fun issues in this course. Forget
the fairly stuffy name for CCJS 331 -- it's more interesting than "Legal
Policy Issues" suggests.
1st Amendment - Freedom of Speech -- Nebraska has just charged a woman with desecrating the American flag (February 2009) Why shouldn't she be allowed to kick the flag?
2nd Amendment - The Right to Arm Bears -- The US Supreme Court in 2008 decided that people do have a right to keep an Uzi under their pillow in bed at night. District of Columbia v Heller. The decision is popular but distinctly unprincipled.
4th Amendment -- Reasonable Searches -- the US Supreme Court decided in January, in a case called Herring (2009), to gut the exclusionary rule. Good? Bad?
5th Amendment -- Due Process & Miranda -- Leeander Blake walked out of court a free man, literally "getting away with murder" because the police didn't respect his Miranda Rights, right? Maryland v. Blake 2005.
6th Amendment -- The Assistance of Counsel -- The indigent defense systems of at least seven states have broken down, leading defense counsel in late 2008 to sue their states, claiming their court systems, for lack of resources that make trials essentially unfair & improper, are being run unconstitutionally.
Also the Right to Confront Witnesses -- well, the way to get around a trial is to kill the witness and then claim the trial is unfair because the witness isn't there to be confronted. Duh? But the US Supreme Court has bought this line. Crawford v Washington (2004) and recently Giles v California (2008)
7th Amendment -- Right to a Jury Trial -- Juries? What Juries?
95% of all cases are now settled by plea bargains. Is this OK?
8th Amendment - Cruel and Unusual Punishment -- can a 13 year-old,
given a one-day trial with a useless court-appointed lawyer, be sentenced
to life imprisonment without the possibility of parole? Florida says
yes. The US Supreme Court has decided to consider the case this year.
9th Amendment -- the right to privacy. What's wrong with smoking your own home-grown marijuana in the privacy of your own living room? Ah yes, it interferes with "interstate commerce," doesn't it? Gonzales v Raich.
Wheee! There are just so many juicy legal issues out there!
Whether it is the 8th Amendment (cruel & unusual punishment in terms
of mandatory minimums, prison overcrowding or capital punishment) or the
6th (fair trials & juries), or 4th (high-tech gadgetry to conduct searches),
the 1st (pornography), 2nd (Gun Control) or the "right to privacy" found
in the 9th, the law that concerns all these topics must meet the standards
established by two hundred years of interpretation of the Bill of Rights.
And in focusing on the role of the Constitution in our lives, we will examine
the role of the citizen in modern America in defining our rights and responsibilities
in society.
By the end of the course, students are intended to have a clearer idea of the proper limitations on the use of the criminal justice system to deal with social issues, and of the problems involved in the regulation of individual behavior in an open and democratic society.
More specifically, students should be able to
Text:
Criminal Justice in America, 3rd / Hancock & Sharp
20% of the total mark will be determined by your participation in class discussion and participation. I will be assigning exercises that require your participation.
20% (10% each for two essay questions) mid-term exam. These will be essays that intend to assess how well you have digested and understood course content. Open book. Open Notes.
20% on a term paper that reports your findings on a particular, approved topic concerning the current status of law relevant to your topic, and the social and political forces that have brought about and that are acting upon the topic. The point of the term paper is to (a) permit you the opportunity to earn credit from any pet topic that you may interested in pursuing, and (b) to provide you with the opportunity to marshal arguments and organize material into a clear, concise, documented, formal report on a topic of your choice.
40% of your mark will be determined by a proctored final exam.
A NOTE:Academic dishonesty and plagiarism are not acceptable and will mean a grade of F (Failure). Academic dishonesty means (but is not limited to) getting someone else to prepare work for you, or helping another person with their assigned and examinable work. Plagiarism means passing off someone else's work as your own. You can avoid this by giving credit where credit is due -- record the sources of your work, learn how to quote properly, and cite the books, articles or web pages you have used for your information. It may sound like simple manners, but failure to live by the rules has serious academic consequences. If you wish to avoid it, try this tutorial designed by the University. It will take you about 30 minutes, but it will also help to keep you out of trouble:
http://www.umuc.edu/prog/ugp/ewp_writingcenter/modules/plagiarism/start.html
Also, from the UMUC Catalog:
Students should understand that the quality of their writing will affect their grade point average.... Acceptable college-level writing expresses thoughts in a logical, well-organized form, using proper grammar and complete sentences, and correct punctuation and spelling.
A - 90 - 100 Outstanding Scholarship
B - 80 - 89 Excellent Work
C - 65 - 79 Good Achievement
D - 50 - 64 Marginal or unsatisfactory Performance
F(a) Academic Failure
F(n) Failure for Non-Attendance
W - Withdrawal
Also, be forewarned: keeping up with participation is more work
than you might think, and especially as the semester wears on and your
other in- and out-of-course responsibilities add up, the work involved
in participating may seem overwhelming. However, keep the 20% of your grade
in mind. (Simply listening to the conversations does not count as participation.
You must write to get credit.)
For a more detailed explanation of what I expect in the way of participation, CLICK HERE
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EVENT
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DATE
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Course starts on
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Monday, April 6
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Mid-Term On-Line Test
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Saturday/Sunday May 2/3
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| Term Paper Due | Monday, June 1 |
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Proctored Final Exam Week
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June 8-14
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| Course finishes | June 14 |
| Week | Dates | Topic | Reading |
| 1 | Apr 6 | The organizational structure of the criminal justice
system.
Criminal Law & the 1st Amendment |
Chapters 1, 3-5 |
| 2 | Apr 13 | Law Enforcement - a historical perspective
Paper requirements discussed |
Ch. 6 |
| 3 | Apr 20 | Law Enforcement (4th Amendment) | Ch. 7-10 |
| 4 | Apr 27 | The Courts (7th)
Mid Term Test on weekend of May 2/3 |
Ch. 11,12, 13 |
| 5 | May 4 | Victims & Restorative Justice (6th) | Ch. 2, 26 |
| 6 | May 11 | Convictions (8th) | Ch. 14,15 |
| 7 | May 18 | Corrections (14th) | Ch. 16 - 20 |
| 8 | May 25 | Juvenile Justice (8th) | Ch. 21 - 24 |
| 9 | June 1 | Drugs And Crime Myths (9th)
Term papers due on Monday, June 1 |
Ch 25, 28 |
| 10 | June 8 | PROCTORED EXAM WEEK Week June 8-14 | . |
If you have questions, please contact
me at:
jglover@faculty.ed.umuc.edu
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