CRIME & PUNISHMENT
Required and Optional Study - Second Session
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WEEK SIX
TOPIC #1: Does Law Enforcement's Increasing Use of Surveillance Cameras in Public Places Pose a Threat to the Constitutional Right to Privacy?
REQUIRED STUDY:

  Listen to Debate: 

"In the Name of Safety: Video Surveillance" (NPR's "Justice Talking" Series)
  Read:

YES:
Barry Steinhardt, ACLU Associate Director, "Law Enforcement Should Support Privacy Laws for Public Video Surveillance" 
and:
ACLU, "What's Wrong with Public Video Surveillance?"

NO:
Katherine Mangu-Ward, "Is Privacy Overrated?"
and:

Jay Cline, "Still No Terrorism Toll on Privacy." (To avoid the obnoxious advertising feature that simulates a page rolling down over the text you want to read, don't move your curor to the upper right hand corner of the browser. Instead, scroll down and click on "Print this Story." That will get rid of the obnoxious feature, and you can then read the article online or print it.)

 

OPTIONAL STUDY LINKS:

Canadian Privacy Commissioner's Finding on Video Surveillance by RCMP

Who's Watching: Video Camera Surveillance in New York City and the Need for Public Oversignt, A Special Report of the New York Civil Liberties Union, Fall 2006

Andrew Kalukin, Z Commentary Online, "Privacy? Automating Camera Surveillance"

Privacy International: Video Surveillance

The Scottish Centre for Criminology - Studies on the Effectiveness of CCTV in Reducing Crime

Surveillance Technology: Legal Issues


TOPIC #2: Does the Death Penalty Violate International Law and Human Rights?
PLEASE NOTE (especially students who studied the death penalty in Political Problems & Controversies):  The focus here is different from the question of whether the death penaly in the United States should be abolished.  While that question may be implicit in this one, here we are focusing on the death penalty vis-a-vis international law and human rights.  Thus, this question is not duplicative of the one studied in the other online course.   --J.G.

REQUIRED STUDY:

  Listen to Debate: 

"International Law and the Death Penalty" (NPR's "Justice Talking" Series)
  Read:

YES:
Richard C. Dieter, "International Perspectives on the Death Penalty: A Costly Isolation for the U.S." (Death Penalty Information Center)

NO:
Pro-Death Penalty Page
Note: Pay particular attention to the section titled "Capital Punishment and the World." You may skip over the section titled "The Death Penalty and Christianity."  You may read it, of course, if you are personally interested in the religious arguments.  However, since we have a separation of church and state, Christian arguments (along with Jewish, Muslim, Buddhist and other religious views) should not serve as the basis for governmental decision-making regarding the death penalty or anything else.  While theological foundations are important to people of faith and may even influence legislators, use of religious arguments to support legislation or court decisions one way or another is inappropriate and illegitimate.  Neither the Bible nor the Qur'an nor the Torah are the Constitution of the United States.  While these may guide us in our personal lives, the Establishment Clause of the First Amendment prohibits the imposition of any religous view on others who may have a different religious view or none at all.

OPTIONAL STUDY LINKS:
Amnesty International, "United States of America: Shame in the 21st Century" (HTML Version)

Rowly Brucken, "International Law, Juvenile Executions, and the United States"

Death Penalty Information Center (See "Issues" and video clips particularly, as well as various reports)

Focus on the Death Penalty: The International Context

Pro-Death Penalty.Com

Articles: Pro-Death Penalty

Death Penalty and Human Rights Links


WEEK SEVEN
TOPIC #1: Is Privatization an Appropriate Strategy to Reform America's Ailing Prison System?
REQUIRED STUDY:

  Listen to Debate:

"The New Prison Industrial Complex" (NPR's "Justice Talking" Series)
  Read:
YES:
Washington Policy Center, "Private Prisons: A Sensible Solution"

NO:
KaryL Kristine Kicenski (George Mason University), "The Corporate Prison: The Production Of Crime and The Sale of Discipline"  

 

OPTIONAL STUDY LINKS:
The Debate Over Private Prisons
Amy Cheung (The Sentencing Project), "Prison Privatization and the Use of Incarceration"

Prison Activist Resource Center, "The WTO and the Prison Industrial Complex" Covert Action Quarterly, "Private Prions: Profits of Crime" American Society of Newspaper Editors, Privatization Threatens Freedom of Information Charles H. Logan, "Competition in the Prison Business"

The Prison Privatization Research Site (Univ of Conn.)

TOPIC #2: : Should Persons Who Are Convicted of a Felony Be Barred Permanently from Voting?
REQUIRED STUDY:

  Listen to Debate:

"Liberty Lost: Felon Disenfranchisement" (NPR's "Justice Talking" Series)
  Read:

YES:
Roger Clegg, "Felon Disnefranchisement is Constitutional, and Justified" and:

Senator Jeff Sessions (R-Alabama), "Equal Protection of Voting Rights of 2001" (Senate Floor Statement, Februrary 14, 2002)

NO:
The Sentencing Project and Human Rights Watch, "Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States" [Please note that this report is posted in nine sections.  Although each is relatively short, place the emphasis of your study on Sections II, III, IV, V, VII and IX.]

OPTIONAL STUDY LINKS:
"Cruel and All Too Usual" (National Law Journal, June 28, 1999)

Nicholas Thompson, "Locking up the Vote" (The Washington Monthly Online, Feb. 5, 2001)

Kate Randall, "Voting Rights Denied to 3.9 Million Americans Due to Criminal Convictions" (World Socialist Web Site, Nov. 8, 2000)


WEEK EIGHT
TOPIC #1: Should Government Strategies to Combat Disease, Particularly HIV Infection, Include Programs that Allow Addicts to Exchange Dirty Needles for Clean Ones?
REQUIRED STUDY:

  Listen to Debate: 

"Health or Harm: The Impact of  Needle Exchange" (NPR's "Justice Talking" series)
  Read:
YES:
"Needle Exchange, Homosexuality, and the Church: Reflections of an AIDS Witness" (By Rev. Jon Fuller, S.J., M.D.) For the topic of needle exchange, read only pages 1-11.

NO:
"Killing Them Softly" (Joe Loconte, Policy Review of the Heritage Foundation) and"Needle Exchange Undermines Society" (Rev. Michael Orsi, S.J., Camden Diocesan Center and member of N.J. Governor's Advisory Council on AIDS, Atlantic City Press, Oct. 17, 1998)

Note: Please do not assume that the arguments or information in any of these sources is irrelevant because they were written in 1998.  Reference to the Clinton administration is dated, of course, but information given is still factual about the government's views and practices on this issue at that time.  Because the Bush administration is opposed to needle exchange programs, I tried to find some some updated, substantive reading reflecting that view.  I found nothing other than brief news articles and campaign speeches.  After extensive searching in my dogged determination to find something, I finally ran into an explanation about why there is a dearth of such information.  You can read it by clicking here.  Based on my exhaustive search, that paragraph accurately summarizes the Bush administration's views and approach.  If anyone finds some substantive and appropriate reading for this class, please let me know.  I will be searching again next summer.. --J.G.

OPTIONAL STUDY LINKS:
"Does HIV Needle Exchange Work?" (Center for AIDS Prevention Studies at the University of California San Franciso)

"The Public Health Impact of Needle Exchange Programs in the U.S. and Abroad" -- Prepared for the Centers for Disease Control and Prevention, by the School of Public Health,  University of California, Berkeley and the Institute for Health Policy Studies, University of California, San Francisco

Needle Exchange Fact Sheet (Seattle and King County Public Health)

Fact Sheet on Needle Exchange Programs (American Civil Liberties Union)

Fact Sheet: Needle Exchange Programs: Part of a Comprehensive HIV Prevention Strategy (Department of Health and Human Services)

"Needle exchange sends mixed message," N.J. Gov. Christine Todd Whitman, Letters to the Editor, Trenton Times, May 19, 1998)

TOPIC #2: Should Women Who Abuse Drugs or Alcohol While Pregnant Be Prosecuted for Child Abuse or Endangerment?
REQUIRED STUDY:

  Listen to Debate:

"Addiction, Abuse and the Impact of Prenatal Drug Use Laws" (NPR's "Justice Talking" series) 
  Read:
YES:
Majority Opinion in South Carolina Supreme Court Case, Whitner v. State (1997).

NO:
"Punish0ing Women for Their Behavior During Pregnancy: An Approach That Undermines Women's Health and Children's Interests," Part I (By Lynn M. Paltrow, J.D., The Center for Reproductive Law & Policy).  Also available as PDF file on the website of the National Institute on Drug Abuse (NIDA).

OPTIONAL STUDY LINKS:
National Advocates for Pregnant Women (Comprehensive site with wealth of resources: articles, reports, cases, news, suggested reading and related links)

"Punishment and Prejudice: Judging Drug-Using Pregnant Women"  (By Lynn M. Paltrow, J.D.)

"Pregnant Drug Users, Fetal Persons and the Threat to Roe v. Wade," 62 Albany Law Review 999 (1999) (PDF)

The War On Drugs And The War On Abortion: Some Initial Thoughts On The Connections, Intersections And The Effects," 28 Southern University Law Review 201 (2001)


WEEK NINE
TOPIC #1: Should Laws That Prohibit Physicians from Assisting Terminally Ill Patients to End Their Lives Be Abolished?
REQUIRED STUDY:
Note:  The assignment on this topic is heavily weighed toward critical listening (approximately two hours).  Because two "Justice Talking" debates are required, the reading is light.  Each of the four "yes/no" pieces below is brief.
  Listen to Debates:
"Compassion or Killing: Doctor Assisted Suicide" (NPR's "Justice Talking" Series)
and
"Assisted Suicide Revisited" (NPR's "Justice Talking" Series)
  Read:

Viewpoints in PBS Online's "Before I Die: Medical Care and Personal Choices" (Premiered on PBS on April 22, 1997):

Is it appropriate for a doctor to help someone to die?

YES:  Fred Marcus, M.D.
NO:  Carlos Gomez, M.D.

Should physician-assisted suicide be legalized?

YES:  Michael White, J.D.
NO:  Tracy Miller, J.D.

Are physicians listening to patients' wishes about dying?

YES:  Alan Astrow, M.D.
NO:  Claudia Fegan, M.D.

Should I be afraid to die in an intensive care unit?

YES:  Connie Holden, R.N., M.S.N.
NO: John Hansen-Flaschen, M.D.

OPTIONAL STUDY LINKS:
The Real Life Stories featured on PBS Online's "Before I Die: Medical Care and Personal Choices"

Derek Humphry (Founder of the Hemlock Society USA and the Euthanasia Research & Guidance Organization), "Why I Believe in Voluntary Euthanasia and Assisted Suicide" Summary of the Oregon Death with Dignity Act Text of Attorney General John Ashcroft's memorandum prohibiting use of federally controlled substances for assisted suicide. Online Newshour: Assisted Suicide (November 19, 2001) - Lee Hochberg reports on Attorney General Ashcroft's challenge to the Oregon law allowing physician-assisted suicide. Read the transcript, watch in streaming video or listen in RealAudio. Federal Judge Upholds Oregon's Physician-Assisted Suicide Law; Criticizes Ashcroft (CNN, April 17, 2002)

The Law: Physician Assisted Suicide Cases (including Supreme Court opinion)


TOPIC #2: Should "Three Strikes and You're Out" Laws Passed by Many States to Enhance Prison Terms for Repeat Offenders Be Abolished?

REQUIRED STUDY:

Listen to Debate: 

"Three Strikes and You Are Out" (NPR's "Justice Talking" Series)
Read:
YES:

Justice Policy Institute, "Striking Out: The Failure of California's 'Three Strikes and You're Out" Law (PDF). Please note that the policy issues raised in this report are not outdated because this is a 1999 publication. For those of you with an intensive interest in this topic might also want to consult (optionally) a 2004 Justice Policy Institute 10-year retrospective: Still Striking Out: Ten Years of California's Three Strikes (31 pages).

NO:

Dan Lungren (former California State Senator and Attorney General), "Three Cheers for Three Strikes"


OPTIONAL STUDY LINKS:

ACLU, "Ten Reasons to Oppose 'Three Strikes, You're Out'"

Families to Amend California's Three Strikes Law

California's Three-Strikes Law

Mike Reynolds, Answers to the Most Frequent Objections in Regard to Three Strikes


WEEK TEN
TOPIC #1: Does the United States Need a National Anti-Hate Crime Law?
REQUIRED STUDY:

Listen to Debate: 

"Hate Crime Laws: The Search for Motive" (NPR's "Justice Talking" Series)
Read:
YES:

ACLU, Statement on Hate Crimes Prevention Act of 1999

NO: 
Family Research Council, Talking Points: "'Hate Crime' Laws Mean Unequal Protection"

OPTIONAL STUDY LINKS:

See Hate Crime Resources on the National Criminal Justice Reference Service Website

See Resources on Justice Talking web site.

 
TOPIC #2: Should the Civil Liberties of Convicted Sex Offenders Be Restricted Even After They Have Served Their Time?

REQUIRED STUDY:

Listen to Debate: 

"Should Sex Offenders Have Civil Rights?" (NPR's "Justice Talking" Series)
Read:
For YES and NO:

Sheila T. Caplis, "Got Rights? Not If You're a Sex Offender in the Seventh Circuit" [2 Seventh Circuit Rev. 116 (2006)]

 

OPTIONAL STUDY LINKS:

Margo Pierce, CityBeat.Com, Aug. 15, 2007, "Next Comes Burning at the Stake: Is Ohio Getting Too Tough on Sex Offenders?"

Cincinnati Enquirer Editorial, July 29, 2007, "False Security in Sex Offender Law"

Gregory Korte, Cincinnati Enquirer, "Sex Offender Limits: Too Far?"

"Sex Offender Issues" (Blog)

Nigel Waters (Head, Privacy Branch, Office of Australian Federal Privacy Commissioner, "Paedophilia: Policy and Prevention: Implications for Civil LIberties and Implications of Privacy Laws"

Parents for Megan's Law: Nationwide Registries and Links
 

You must write a self evaluation and a course/faculty evaluation.

FOR EVALUATION PROCEDURES, CLICK HERE.