Prosecution & Punishment Lecture Outline
Issues for Group Discussion(All from Barkan Ch. 16 unless otherwise noted)
What is the “adversary system” in the courts Vs. the “courtroom working group” ?
How do plea bargains fit in, & how common are they?
What are the arguments against Plea Bargaining? (Lynch in Burns #18, Barkan ch. 16)
Is Social Class linked to imprisonment?
Is there Racial and Ethnic discrimination in the court process (prosecutorial decisions, conviction & sentencing)?
What is the lifetime chance of going to prison for Blacks, Whites, and Hispanics?
What is the evidence on discrimination – for race of victim, minor vs. major crimes, in/out imprisonment decision, sentence length, juvenile cases?
- What should we make of it for an overall conclusion?
Is there R&E discrimination in the War on Drugs?
Is there gender discrimination in sentencing? What portion of incarcerated are women?
What is prison like? Sensory deprivation, how much rehabilitation, violence? (Murphy & NPR web rdgs)
What are the origins of the rising gang and prison violence problems in California?
How effective is solitary confinement as a response to control it?
What is the overall impact of tougher, increasing punishment on crime?
How much has imprisonment increased in US in recent decades?
Is there a deterrent effect?
Is there an incapacitation effect?
What are the challenges faced by released inmates coming back? (Roach in Burns #32)
What are the 3 main arguments in favor of the Death Penalty, & evidence on them (cost, deterrent effect)?
What are some main critiques of the Death Penalty (arbitrariness, racial discrimination, legal counsel quality problems, wrongful executions, mentally ill)? (Barkan ch. 16, Ross web rdg. Marill in Burns #22)
Lecture (& some overlap with group Discussion report in points)
Writing Exercise: What is 1 flaw of plea Bargaining?
Showed portion of Video “The Plea” -- illustrating some of flaws on plea bargaining
Post video discussion on flaws of plea bargaining -- Plea Bargaining & how widely used; & problems and advantages of, Constitutionality of Plea Bargaining & critique of that (Barkan Ch. 16 & Lynch in Burns #18)
Adversarial Model VsCourt Working Group reality & who has most power (Barkan ch. 16)
Plea Bargaining & how widely used. & problems and advantages of…
Prosecutorial Discretion \
Death Penalty arguyments (con) (Barkan ch. 16 & Ross web rdg.)
Punishment (imprisonment) as a crime deterrent & problems with that (Barkan ch. 16)
Prison gang problems & lack of rehabilitation programs (NPR web rdg., also see Murphy web rdg.)
Prison System Overview – 3 layers of, numbers of prisoners, US ranking in world
Prison system growth in recent decades, & role of drug enforcement & race of drug prisoners.
% of prsoners in for non-violent offenses
Mental Illness among inmates – frequency & implications for prison system’s ability to manage prisoners…
Recidivism rate
& Role of technical violations of parole (non-criminal offenses) in this rate.
What is the lifetime chance of going to prison for Blacks, Whites, and Hispanics? (Barkan ch 16)
Discrimination (Barkan ch 16):
Discrimination Research summary & conclusion, & specifically on:
In/Out Decision (i.e., imprison or not (suspend sentence or probation))
Length of sentence
War on Drugs
Juvenile Justice system
3 Strikes Law example (in California)% non-violent offenders, & & Prosecutorial Discretion
Also know for Test:
Death penalty Pro & Con debate & evidence – Cost, Deterrence, Quality of Legal representation, Wrongful sentencing & executions, Discrimination (how / what type) (Markan ch. 16)
Race of victim effect-- discrimination (Barkan ch. 16)
Is Social Class linked to imprisonment? (Barkan ch. 16)
Incapacitation effect of imprisonment – & data on that (Barkan ch. 16)
What are the challenges faced by released inmates coming back? (Roach in Burns #32)
What is main way convicted prisoners can be later found to be innocent? (Marill rdg. # 22 in Burns)