This course is an advanced survey of the criminal justice system in the United States.  We will be concerned not with law enforce­ment techniques, but with the institutions and processes of the criminal justice system, and with the moral and political issues raised by the definition of certain conduct as deviant and the imposi­tion of punitive sanctions upon those persons who engage in it. Specific topics can be found in the syllabus.

 

It might seem at first odd that political scientists should be interested in criminal justice.  Isn't this the exclusive domain of lawyers, Hollywood and a few sociologists?  Indeed, the interest in matters pertaining to criminal justice is recent to the discipline.  However, recall all of the unsatisfactory definitions of the politi­cal state that we have heard over the years.  The one element they all share is the assertion that the state holds of monopoly of legitimate coercive force in a community.  Whether the purpose of the state is to improve the moral and intellectual develop­ment of its citizens (Aristotle), pursue justice as it is determined by the consensus of the community (Rousseau), or merely maintain sufficient order to keep indivi­duals from killing each other (Hobbes), all agree that the state has a variety of resources at its command.  These include education, appeals to enlightened self‑interest, perhaps even a certain amount of ideological manipulation.  But when all else fails, we agree that the state, and only the state, may impose force.  All other actors in society who attempt to administer force (the loan shark who breaks your knees when you fail to make payments on time, the mugger, the murderous jilted lover, etc.) are labeled criminal, and will not be tolerated by the state.  With this in mind, it seems odd that political scientists are not more interested in the criminal justice system, for here is where we experience the state in its most obvious, stark, and I dare say, most chilling incarnation.  I can think of no greater inconvenience the state can impose upon one of its citizens than branding him with the label of "criminal," and depriving him of his property, his liberty or even his life. (Alas, most of the people we will be talking about in this course will qualify for the male pronoun, although women have in recent years made significant gains in the field of violent crime)

 

The professed American values of individual liberty and personal responsibility, of equality and of the rule of law in lieu of arbitrary power, when combined with the American reality of unequal class structure, racial antagonism, and increasingly centralized governmental bureaucracy, make the administration of criminal justice especially problematic, as we shall see.

 

There will be three exams including the final, all of the essay variety.  These will assume that all class assignments have been fulfilled.

 

Class attendance is considered very important.  In this class, students will be permitted four (4) unexcused absences.  The student who exceeds this generous allowance will suffer a grade penalty for each additional unexcused absence.  Excused absences will require substantial justification.

 

Should you need to contact me for any reason, my office is SE 346, or I can be telephoned at ex. 2245.  During reasonable hours, I can be reached at home.  The best way to contact me is probably via e-mail.  I check my e-mail frequently, including once every evening, so I should be able to reply within a short time.  I frequently use e-mail to communicate with a class about matters of importance--schedule changes, reading guidelines, items from the press, etc.  Please check you e-mail regularly.  Note for those using an off-campus ISP: it is your responsibility to check your SMC account regularly or set it to bounce your email to your ISP account.  All pagers and cell phones will be turned off during class.  Violations will be met with public shaming.

 

There are two assigned texts for this course:

 

CRIMINAL JUSTICE: INTRODUCTORY CASES AND MATERIALS (6th ed.)

by Jerome Skolnick, Malcolm Feeley, and Candace McCoy

 

NO EQUAL JUSTICE: RACE, CLASS AND CRIMINAL JUSTICE, by David  Coles

 

We will also view two videos.  Finally, there may be a few readings on reserve, in the library or on the Internet—specific documents or links will be distributed by e-mail.

 

 

                                                                   SYLLABUS

 

For the most part, we will adhere closely to the table of contents in Skolnick, Feeley & McCoy.

 

 

I.          THE NATURE AND EXTENT OF CRIME IN AMERICA

SF&M, chapter 1

 

Insanity Defense FAQ:
History of the Insanity Defense from M'Naughton to Hinkley:
State by State Insanity Laws:  (compare Vermont & your home state)
Findings from a Federal Report on the Jailed Mentally Ill:

 

II.        BLAMING AND NAMING: AFFIXING THE LABEL OF "CRIMINAL"

SF&M, chapter 2, sections A & B:

FBI Uniform Crime Reports: Handouts

 

III.       THE PRINCIPLES OF CRIMINAL JUSTICE

SF&M, chapter 3

Cole, Introduction, pp. 1-13

 

***Probable Examination***

 

 

IV.       THE POLICE 

SF&M, chapter 4

Cole, chapter 1, pp. 16-55

 

V.        SEARCHES, INTERROGATIONS, ARRESTS AND THE EXCLUSIONARY RULES

            SF&M, chapter 5

           

VI.       THE ROLE OF ATTORNEYS 

SF&M, chapter 6

Cole, chapter 2, pp. 63-95, chapter 5, pp. 159-168

Public Defenders: Stats & Facts