Contemporary Legal Policy Issues
CCJS  331
April 6 - June 14 2009

DATES     FOCUS    OBJECTIVES      TEXT      ASSESSMENT      GRADES   PARTICIPATION     CONTACT ME

Purpose:
This course surveys a wide variety of social, political and moral problems related to criminal justice practices and policies. It is designed to link broad social science principles to the operation of the police and criminal justice system. It addresses the question of how the police and courts fit into the larger picture of Society. Life in as large and complex / diverse a society as America's poses many dilemmas for criminal justice officials, and the course tackles those complexities.


Focus:

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.
 

There is a link or an over-arching theme that holds the topics and the course together, which is The Bill of Rights. 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.

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.
 
 



Objectives:

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
 


Assessment:

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.


GRADES

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


 PARTICIPATION

Remember that there is a 20% component of the final course grade based on participation. Some minimum of student participation is necessary to make this distance education class into a course that is more like a real college course than just a correspondence course. At a minimum, you should pick up and respond to messages every other day (minimum three times per week). Your contributions needn't be lengthy essays: try to emulate how you would contribute to a conversation going on in a live classroom.  If you are going TDY or into the field and will be absent for a "substantial" length of time, you may be required to withdraw:  in a 10-week class, absence for more than two weeks may require withdrawal. I will consider absences cumulatively - a series of week-long absences is as detrimental as one continuous absence.


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


DATES:
EVENT
DATE
Course starts on
Monday, April 6
Mid-Term On-Line  Test 
Saturday/Sunday  May 2/3
Term Paper Due Monday, June 1
Proctored Final Exam Week
June 8-14
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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