CRJU 5005 Law and Society

Instructor:

Sheila M. Huss, Ph.D.
School of Public Affairs; Department of Criminology and Criminal Justice
1380 Lawrence Street, 5th Floor (525P)
Office Hours: Wednesdays 11:00-12:30; by appointment

Phone: (719) 660-8511 (cell); (303) 315-0526 (office)
E-mail: (preferred method of communication)

Course Description:

According to the course catalog, Law and Society “introduces a variety of topics related to law’s varying functions and societal implications. The course focuses on social/ legal theory and analyzes law and legal institutions from a critical perspective. Materials provide content on how to evaluate law and legal institutions, especially in relation to equality, justice, and fairness.”

In the School of Public Affairs Criminology and Criminal Justice Program, students will become innovative thinkers and skilled professionals in the fields of Criminology and Criminal Justice by developing five main competencies, including: (1) substantive knowledge, (2) research skills, (3) critical thinking, (4) effective communication, and (5) diversity and cultural literacy. This course focuses on competencies 1, 3, 4, and 5.

From a Law and Society perspective, the law and legal institutions perform four key functions in any stable society: norms articulation and enforcement, social ordering, social control, and dispute resolution. In this course, we will examine all four of these functions as applied principally to criminal justice in America.

About the first third of this course will be devoted to the study of norms—our most deeply held values and beliefs on the concepts that define the field of criminal justice: What is justice? What is crime? What are the origins of these ideas, how have they changed over time, and how do they currently influence American criminal justice policy?

In the middle third of this course, we will apply these normative concepts to the study of social ordering, social control, and dispute resolution as it applies to the criminal justice policy cycle: defining crimes and punishment, preventing crime, apprehending suspects, investigations, charging, trial procedures and plea bargaining, punishment, appeals, and reintegration.

The final component of course content will be an application of our study of norms and the functions of legal institutions to some contemporary issues in American criminal justice law and policy—as these issues are portrayed and framed in the news media and in popular culture, and as they are studied by criminal justice researchers, including members of the SPA faculty.

Student Learning Objectives:

By the end of the course, you should be able to:

1.  Discuss the constitutional roots and legal authorities of governmental institutions involved in the criminal justice process;

2.  Analyze the policy process as it relates to the criminal justice system;

3.  Discuss how the news media outlets, cultural and social media, and stakeholder groups create contrasting narratives in criminal justice discourse;

4.  Conduct online legal research;

5.  Read and interpret legal cases;

6.  Write a case brief;

7.  Write a research paper exemplifying a Law and Society approach to analysis of contemporary issues in criminal justice.

Required Textbook and Readings:

Johnson, Clay. 2012. The Information Diet. Sebastopol, CA: O’Reilly Media, Inc. ISBN # 978-1-449-30468-3

This book is available in electronic format very inexpensively (or in print).

Calavita, Kitty. 2010. Invitation to Law and Society. Chicago, IL: The University of Chicago Press.

ISBN # 978-0-226-08997-3

Abel, Richard. 1995. The Law and Society Reader. New York ,NY: New York University Press.

ISBN # 0-8147-0618-5

Other readings include scholarly articles, which can be accessed on the Canvas course page.

You need to have an active UC Denver account (including e-mail); you need to be able to access the Canvas course page, as this page is where you will find readings, assignment descriptions, course announcements, etc. It also is where you will submit assignments. Unless otherwise specified, assignments must be submitted online in Canvas—there is a link in each assignment for online submission.

Disability Accommodations:

UC Denver is committed to providing reasonable accommodations for all persons with disabilities. The syllabus is available in alternate formats upon request. If you have a disability that may impact your work in this class and for which you may require accommodations, please contact Disability Services at (303) 556-3450 (they are located in 2514 North Classroom). Students who receive accommodation letters, please contact me to discuss the provisions of those accommodations as soon as possible. If you do not have a disability, but are dealing with an issue that may affect your performance in this course (e.g., English is your second language), please let me know, so we can work together to manage the issue in a way that will facilitate your success in this course.

Academic Dishonesty:

All students must be honest and forthright in their academic studies. To falsify the results of research, to steal the words or ideas of another, to cheat on an assignment, or to allow/assist another to commit these acts corrupts the educational process. Students are expected to do their own work and neither give, nor receive, unauthorized assistance.

Because academic dishonesty seems to be a systemic problem at UC Denver, you are required to review the Canvas module on plagiarism and take a multiple choice quiz (built into the module) on each section. This exercise is a way for you to learn about academic dishonesty in a proactive, non-threatening manner. You must complete all three of the section quizzes and either copy and paste them (with your results showing a perfect score) or take a screen shot of each one (again, showing a perfect score). I just need to see evidence of all quiz questions answered correctly (screen shots or copy/paste or a certificate of completion, as I said in the previous sentence)—no need to stress about how you submit the documentation! The academic dishonesty quizzes are an ungraded assignment on Canvas, but required. Failure to complete this exercise will result in half of a letter grade deduction in your final grade.

http://www.ucdenver.edu/academics/CUOnline/FacultyResources/AcademicHonesty/Documents/student/introduction/index.htm
**Click “Academic Integrity Course” to get started

Additionally, here is a link that discusses how to avoid plagiarism. This document gives specific examples of how to summarize and synthesize information and how to appropriately cite the information. You are required to familiarize yourself with this information.

http://www.ucdenver.edu/academics/colleges/SPA/CurrentStudents/academicresources/Documents/Plagiarism%20Workshop.pdf

Finally, I use a program on Canvas called turnitin. Turnitin provides a report of originality of your work, along with a score, which reflects the percent of your work that is not original. You should submit your assignments early, so that you will be able to see your turnitin report. If you submit an assignment and notice a turnitin score of (for example) 10%, I recommend reviewing the report and, if necessary, revising and resubmitting your assignment. There may be reasons other than plagiarism for a high turnitin score, so you should review the report to see what material is identified as unoriginal. For example, in classes where I have given essay exams, students were instructed to copy and paste the essay questions above their answers. Everyone had a turnitin score of about 15% because the essay questions were identical on everyone’s exam. Viewing the turnitin report will show you this type of thing. You have an opportunity to self-correct—please take it. Once an assignment is due, you may not resubmit it, so if you would like to take advantage of the opportunity to check your own work for plagiarism, you need to turn in the document before the due date/time.

Because you have multiple opportunities before you turn in an assignment to learn what academic dishonesty is, to ask questions about it, and to correct your own work, if I catch academic dishonesty, the consequence very likely will be an automatic F in the class and notification of the dean. Your intent is irrelevant (i.e., “I didn’t know that was cheating” is not an excuse). Part of being fair is being consistent, so I will not consider individual circumstances—all instances will be treated the same.

Late Assignments:

For each day (24 hour period) an assignment is late, 5 points will be deducted from your total score.

Email Etiquette:

I frequently check e-mail and will make every effort to get back to you in a timely manner; however, I also maintain an active social and professional life outside of class and may not be able to provide as prompt a response as you desire. Typically, I respond to e-mails within 24 business hours and almost always within 48 business hours. If you wait until the day before an assignment is due to ask a question, you risk not receiving an answer in time—please do NOT send multiple e-mails in a short period of time. I do not ignore e-mails, so when I receive your e-mail and have a chance to respond, I will.

Evaluation of Student Learning:

Students will be evaluated according to the following grading scale and criteria:

93% -100% (463-500) A
90%-92% (447-462) A-
88%-89% (438-446) B+
83%-87% (413-437) B
80%-82% (397-412) B-
78%-79% (388-396) C+
73%-77% (363-387) C
70%-72% (347-362) C-
60%-69% (298-346) D
Below 60% (297 or below) F

**Note: MCJ students must earn a B- or better in this core course.**

You will be graded on a case brief, a short presentation, a mini content analysis, and a research paper.

Attendance: It is impossible to meet the course objectives without engaging in the class. If you choose to miss class or if you have to miss class, you do not need to share with me the reason. You can miss three classes without penalty. If you miss four classes, you will drop one letter grade, and if you miss five or more classes, you will not pass the class. The reason for the absences is irrelevant. If you do not miss any classes and your grade is borderline, you will receive the higher grade.

Case Brief (50 points/10%): You will brief an assigned case. There is an assignment description on Canvas.

Short Presentation (100 points/20%): You will present a short analysis related to the policy process. There is an assignment description on Canvas.

Mini Content Analysis (100 points/20%): You will carry out a content analysis related to the media’s narrative(s) of the criminal justice system. Again, the assignment description is on Canvas.

Research Paper (250 points/50%): You will write a research paper that applies a Law and Society perspective to a contemporary issue in the criminal justice system. See Canvas for a detailed assignment description.

Class Schedule and Reading Assignments:

Week 1 (8/22-8/27): Introduction and Syllabus Review
Readings: Syllabus

Week 2 (8/28-9/3): Perspectives on the Study of Law and Society
Readings: Calavita, Chapters 1 and 2
Abel, pp. 1-10
Johnson, Part I

Week 3 (9/4-9/10): No Class – Labor Day

Week 4 (9/11-9/17): Narratives, Norms, and Public Perceptions of Criminal Justice
Readings: Calavita, Chapter 3
Johnson, Part II
Lisa Sun: Disaster Mythology and the Law; 96 Cornell Law Review 1131 (2011).
Donovan: Social Construction of People with AIDS 1981-1990; 93(12) Policy
Studies Review 3 (1993).

Week 5 (9/18-9/24): What is crime? What is justice? Who cares?
Readings: Abel, Chapter 10
The Comparative Jurisprudence of Wildfire Mitigation: Moral Community, Political
Culture, and Policy Learning. Onati Socio-Legal Series, Vol. 3, No. 2 (4/2013).
Onati International Institute for Socio-Legal Studies, Basque Autonomous
Region, Spain.
Michael Slote. Justice as a Virtue. Stanford Encyclopedia of Philosophy.
Anthony Duff. Theories of Criminal Law. Stanford Encyclopedia of Philosophy.

9/24, Sat. Mini Content Analysis due online by 11:59 PM

Week 6 (9/25-10/1): Institutions of Criminal Justice: Constitutional Origins and Sources of Legal Authority;
Institutional Structures and Functions; Police Powers

Readings: US Constitution: Preamble and first 10 Amendments
Calavita, Chapter 5
Euclid v. Amber Realty, 272 US 365 (1926) Excerpts.
Zuchel v. Denver, 997 F.2d 730 (1993).
Town of Castle Rock v. Gonzales, 545 US 748 (2005).

Week 7 (10/2-10/8): Police Powers and Federal Constitutional Constraints: Evidence-Gathering and
Apprehension

Readings: Daniel Gutin. Note: Technical Knockout: Hudson v. Michigan and he Unfortunate
Demise of the Knock-and-Announce Rule. 44 American Criminal Law Review
1239 (2007).
Harvey Gee. An Ambiguous Request for Counsel Before and Not After a Miranda
Waiver… 5 Criminal Law Brief 51 (2009).

10/8, Sat. Case Brief due online by 11:59 PM

Week 8 (10/9-10/15): Police Powers and Federal Constitutional Constraints: Charging and Plea Bargaining
Readings: Abel, Chapters 7 and 9
Calavita, Chapter 6
Scott Kriscke. Note and Comment: Absent Accountability… 19 Journal of Law and
Policy 395 (2010).

Week 9 (10/16-10/22): Police Powers and Federal Constitutional Constraints: Representation and Trial

Readings: Abel, Chapter 14
Amy Breglio. Note: Let Him be Heard: The Right to Effective Assistance of Counsel on
Post-Conviction Appeal in Capital Cases. 18 Georgetown Journal of Poverty
Law and Policy 247 (2011).

Week 10 (10/23-10/29): Police Powers and Federal Constitutional Constraints: Sentencing
Readings: Abel, Chapter 15
Jacob Appel. Capital Punishment, Psychiatrists, and the Potential ‘Bottleneck of
Competence.” 24 Journal of Law and Health 45 (2011).

Week 11 (10/30-11/5): Recidivism, Rehabilitation, and Specialty Courts

Readings: Samantha Walls. The Need for Specialty Veterans Courts. 39 Denver Journal of
International Law and Policy 695 (2011).

Week 12 (11/6-11/12): Law and Society Applied to the Criminal Justice Policy Process
Readings: None

11/7, Mon. In-Class Presentations (everyone)

Week 13 (11/13-11/19): Contemporary Issues: Social Control and Policing Vice

Readings: You are required to bring in an article on how forms of social control (like the law)
are limited when it comes to policing issues like pornography, prostitution, drugs,
homosexuality, abortion, etc. Be prepared to summarize your article and ask
your classmates discussion questions about it.

11/20-11/26: Fall Break – Happy Thanksgiving! J

Week 14 (11/27-12/3): Contemporary Issues: Stealing History – Archaeological and Cultural Plunder on
Public Lands

Readings: Glena Sheveland. Note: Evaluation of the Effectiveness of Cultural Resource Laws
in Criminal Prosecution for Theft of Archaeological and Cultural Resources
from Federal Lands. 28 New England Journal on Criminal & Civil Confinement
27 (2002).

Estate of James Redd v. U.S. 2012 US Dist. LEXIS 89143

12/3, Sat. Research Paper due online by 11:59 PM

Week 15 (12/4-12/10): Contemporary Issues: Comparative Law

Readings: You are required to bring in an article that discusses law in another country or culture.

Be prepared to summarize the article and raise discussion topics about it.

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