PLSC 252b Crime and Punishment (Spring, 2003)


Yale University                                                                                                     Political Science 252b
Ian Shapiro and Gregory Huber                                                                                            Spring 2003
I. Introduction
This seminar deals with topics in the theory and practice of crime and punishment in contemporary America from the standpoint of politics and political theory. The course does not offer a comprehensive overview of the American criminal justice system, or even of the topics covered. Rather, its aim is to promote disciplined reflection about the difficulties and complexities of the ideas of crime and punishment as we operate with them in everyday life.
The course is divided into 4 sections: 1) Moral foundations of the criminal law, 2) Politics of the criminal law, 3) Politics of the criminal process, and 4) Edges of the criminal law. Readings are drawn from literature, philosophy, history, economics, political science, and case law, among others. Students will obtain an interdisciplinary perspective on the foundation and operation of the criminal justice system. Our goal is to provide you with the skills and information necessary for disciplined and informed criticism, building your ability to challenge common preconceptions and assumptions about the nature of the criminal system.
II. Times and Places
1. Class Meetings: Monday & Wednesday, 10:30-11:20, 53 Wall Street Auditorium
2. Sections: TBA
3. Office Hours:
Shapiro                                                             Huber
Tuesday, 2-4PM                                                Monday, 2-4PM
124 Prospect, #105                                            ISPS, 77 Prospect Street, #109                               
432-5253                                                           432-5731
4. Teaching Assistants (office hours to be announced)
Richard Albert                            
Aditi Bagchi                                
Stacey Kamya                            
Nomi Lazar                                 
Travis LeBlanc                           
Monika Moore                            
Daniel Walfish                            
Kimberly Zelnick                         
Matthew Stiebel                          

III. Student Responsibilities and Assignment of Grades
Regular Students
·         Participation in section (10%)
·         Choice of one of the following:
o        Midterm (35%) and final exam (55%)
(The midterm will be given in class on Wednesday, February 26.)
o        Two 6-8 page papers (total 55%) and final exam worth 35%
(The first paper is due Monday, February 24 and the second paper is due Wednesday, April 23.)
Writing Intensive Students:
·         Participation in section (10%)
·         Three 6-8 page papers. Each paper is worth 30% of your final grade
You must rewrite each paper after receiving comments and return it for a second grade. Rewritten papers are due 10 days after they are returned to you.
o        The first draft of the first paper is due no later than Monday, February 3.
o        The first draft of the second paper is due no later than Wednesday, March 5.
o        The first draft of the third paper is due no later than Monday, April 21.
IV. Reading Materials
[B] These books are available for purchase at the Yale University Bookstore. They are also on reserve at CCL.
Shapiro, ed. 2001. Abortion: The Supreme Court Decisions. Indianapolis, IN: Hackett Publishing
Kafka, Franz. 1992 (1937). The Trial. New York, NY: Schocken Books
Lewis, Anthony. 1964. Gideon’s Trumpet. New York, NY: Random House
[P] These materials are contained in the course reader, available for purchase at Tyco, 262 Elm Street, 562-9723. A copy of the reader is also on reserve at CCL.
V. Weekly Schedule
1.   January 13: Course Introduction and Administration
I. The Moral Foundations of the Criminal Law
2.   January 15: Philosophical foundations I
Devlin, Lord Patrick. 1971. “Morals and the Criminal Law.” In Morality and the Law, ed. Richard Wasserstrom. Belmont, CA: Wadsworth Publishing [P]
Hart, H. L. A. 1971. “Immorality and Treason.” In Morality and the Law, ed. Richard Wasserstrom. Belmont, CA: Wadsworth Publishing [P]
3.   January 17: Philosophical foundations II
John Stuart Mill, On Liberty. Chapters 1, 4, and 5 [P]
January 20: No class, MLK Day

4.   January 22: Case Studies: Abortion and Drunk Driving
Luker, Kristin. 1984. Abortion and the Politics of Motherhood. Berkeley, CA: University of California Press. Chapters 5-7 [P]
Gusfield, Joseph R. 1981. Drinking-Driving and the Symbolic Order. Chicago, IL: University of Chicago Press. Chapters 5 and 6 [P]
For section: Ashcroft v. Free Speech Coalition (2002) [P]
5.   January 27: The Jurisprudence of Abortion Rights
Shapiro, ed. 2001. Abortion: The Supreme Court Decisions. Indianapolis, IN: Hackett Publishing [B]. Introduction and the following cases:
Roe v. Wade (1973) [25 pages]
Webster v. Reproductive Health (1990) [17 pages]
Planned Parenthood v. Casey (1992) [52 pages]
6.   January 29: Perspectives from Law and History
Posner, Richard. 1985. “An Economic Theory of the Criminal Law.” Columbia Law Review 85: 6. Read pages 1193-1214, 1229-1231, the rest is suggested [P]
Hay, Douglas. 1975. “Property, Authority and the Criminal Law.” In Albion’s Fatal Tree, eds. Hay et al. New York, NY: Pantheon Books [P]
II. The Politics of the Criminal Law
7.   February 3: The Politicization of Crime
Wilson, James Q. and George L. Kelling. March 1982. “Broken Windows.” Atlantic Monthly, Pages 29-38 [P]
Scheingold, Stuart. 1995. “The Politics of Street Crime and Criminal Justice.” In Crime, Community, and Public Policy, ed. Lawrence Joseph. Chicago, IL: University of Illinois Press [P]
Brooks, Kim et al. April 2000. School House Hype. Washington, DC: Justice Policy Institute. Read pages 1-15, the rest is suggested [P]
8.   February 5: The Politicization of Punishment
Bessett, Joseph M. 1997. “In Pursuit of Criminal Justice.” Public Interest. No. 129 [P]
Kopel, David B. May 17, 1994. “Prison Blues.” Policy Analysis, No. 208 [P]
9.   February 10: The War on Drugs
Wilson, James Q. April 13, 2000. “A New Strategy for the War on Drugs.” The Wall Street Journal [P]
Schemo, Diana Jean. May 3, 2001. “Students Find Drug Law Has Big Price: College Aid.” New York Times [P]
Rothman, David J. February 17, 1994. “The Crime of Punishment.” The New York Review of Books, Pages 34-8 [P]
Tonry, Michael. 1995. Malign Neglect. New York, NY: Oxford University Press. Chapter 3 [P]

10.  February 12: Privatizing Punishment
Poole, Patrick S. 1998. “Should Alabama Privatize Prisons?” Birmingham, AL: Alabama Family Alliance [P]
Sarabi, Brigette and Edwin Bender, Edwin. November 2000. “The Prison Payoff.” Western Prison Project. Read pages 1-25 [P]
Gerth, Jeff and Stephen Labaton. November 24, 1995. “Prisons for Profit.” New York Times, Page A1 [P]
Butterfield, Fox. November 7, 1995. “Political Gains by Prison Guards.” New York Times, Page A1 [P]
Moran, Richard. August 23, 1997. “A Third Option.” New York Times, Page A23 [P]
11.  February 17: Beyond Imprisonment
Burke, Kelly. No Date “Drug Forfeiture Laws Work for You!” [P]
Bennis v. Michigan (1996) [P]
Blumenson, Eric and Eva Nilsen. 1998. “Policing For Profit.” University of Chicago Law Review. 65:35-114 [P]
Kahan, Dan M. August 5, 2001. “It’s Worth a Try.” Boston Globe, Page D8 [P]
Tangney, June. August 5, 2001. “Condemn the Crime, Not the Person.” Boston Globe, Page D8 [P]
III. The Politics of the Criminal Process
12.  February 19: The Defendant’s Standpoint I
Kafka, Franz. 1992 (1937). The Trial. New York, NY: Schocken Books [B]
Link, Perry. April 11, 2002. “China: The Anaconda in the Chandelier.” The New York Review. [P]
13.  February 24: The Defendant’s Standpoint II
Lewis, Anthony. 1964. Gideon’s Trumpet. New York, NY: Random House. Chapters 1-12 [B]
14. February 26: Midterm Exam
15.  March 3: The Defendant’s Standpoint III
Douglas v. California (1963) [P]
Argersinger v. Hamlin (1972) [P]
Ross v. Moffitt (1974) [P]
Scott v. Illinois (1979) [P]
Strickland v. Washington (1984) [P]
United States v. Cronic (1984) [P]
16.  March 5: The Defendant’s Standpoint IV
Fritsch, Jane and David Rohde. April 8-10, 2001. “Two Tier Justice.” New York Times [P]
Galanter, Marc. 1974. “Why the ‘Haves’ Come Out Ahead: Speculation on the Limits of Legal Change.” Law and Society Review. [P]
Blumberg, Abraham S. 1967. “The Practice of Law as a Confidence Game.” Law and Society Review. 1: 15-39 [P]
March 10, 12, 17 and 19: No class, spring break

17.  March 24: The Limits of Defendants’ Rights
Ake v. Oklahoma (1985) [P]
US v. Parks (1991) Excerpts [P]
18.  March 26: Politics of Criminal Jurisprudence
Bordenkircher v. Hayes (1978) [P]
US v. Singleton (1998) [P]
19.  March 31: Selective Enforcement
Callagan, Gene and William Anderson. 2001. “The Roots of Racial Profiling.” Reason [P]
Riley, Jason L. September 24, 2001. “‘Racial Profiling’ and Terrorism.” The Wall Street Journal [P]
Cole, David. 1999. No Equal Justice. Chapters 1 and 5 [P]
Knowles, John, Nicola Persico, and Petra Todd. 2001. “Racial Bias in Motor Vehicle Searches.” Journal of Political Economy. You can skip pages 207-214 [P]
IV. The Edges of the Criminal Law
20.  April 2: Insanity I
“The Case of Joy Baker.” In Criminal Law: Cases and Materials. Peter Low, John Jeffries, and Richard Bonnie. 1982. Mineola, NY: The Foundation Press [P]
“The Case of Francis Pollard.” In Criminal Law: Cases and Materials. Peter Low, John Jeffries, and Richard Bonnie. 1982. Mineola, NY: The Foundation Press [P]
Regina v. Stephenson (1979) [P]
U.S. v. Bright (1975) [P]
Toufexis, Anastasia. April 23, 2002. “A Psychiatrist’s-Eye View of Murder and Insanity.” New York Times, Page F5 [P]
21.  April 7: Insanity II
22.  April 9: Educational Justice
Kors, Alan and Harvey Silvergate. 1998. The Shadow University. New York, NY: The Free Press. Chapters 12 and 14 [P]
Gose, Ben. July 21, 2000. “Brandeis Lawsuit Puts Campus Courts in the Dock.” The Chronicle of Higher Education. Page A33 [P]
Souhrada, Paul. May 27, 2001. “Campus Rapes Raise Secrecy vs. Safety Issue.” The Columbus Dispatch [P]
Breunig, Emily. 2002. “Silent Treatment: Can Yale’s sexual harassment policy avert disaster?” 34: 5 [P]
For section: The University of Connecticut and Yale’s disciplinary codes [P]
23.  April 14: Juvenile Justice I
Wizner, Stephen. 1972. “The Child and the State: Adversaries in the Juvenile Justice System.” Columbia Human Rights Law Review. 4: 389-399 [P]
Platt, Anthony M. 1977. The Child Savers. Chicago, IL: University of Chicago Press. Chapters 2 and 3 [P]
In Re Gault (1967) [P]

24.  April 16: Juvenile Justice II
In Class Film: What Can We Do About Violence? (Bill Moyers, 1995)
Foucault, Michel. 1995. Discipline and Punish. Selections [P]
For section: Atkins v. Virginia (2002) [P]
25.  April 21: The Nature of Punishment
Edelman, Murray. 1974. “The Political Language of the Helping Professions.” Politics and Society. 4: 295-310 [P]
26.  April 23: Conclusion
Final Exam: Wednesday, May 7, 9-12AM