These exercises are designed to work with the textbook Criminal Justice, by Jay S. Albanese, published by Allyn & Bacon.   Albanese has developed a comprehensive introduction to the criminal justice field, useful for the researcher and practitioner.   You may note that many of the exercises are drawn directly from Albanese, while others are new.   Several questions are included in each exercise along with links to criminal justice resources on the Web.

Questions:

1. Why do you believe fear of crime is unrelated to actual risk of victimization but  strongly related to perceived risk of victimization?
2. How do you account for higher levels of fear and younger people?
3. How might you explain the higher fear among whites than among blacks who perceive themselves to be a minority their neighborhood?

Web Resources:

1. Florida State University Study: http://www.criminology.fsu.edu/TA/fear/index.htm
2. University of Belfast Study: http://www.salford.ac.uk/isr/page15f.htm
3. University of Sheffield Study: http://www.salford.ac.uk/isr/page7.htm

Each of these studies are university directed studies of fear of crime.   The Florida State University study examines fear of crime in American cities while the Belfast and Sheffield studies examine fear of crime in England.

One B - The Media and Crime: Perception Versus Reality. Often the media paints a totally different picture of the incidence and demographics of crime than is in fact reported by police agencies.  The media typically reports on crimes of passion or violence,when in fact, these comprise a very small percentage of total crime committed.  The media also reports more often on crime committed in core cities rather than suburbs.  Finally, the media is more likely to report crimes committed by minorities than non minorities.

Explanations for the media's behavior abound.  "Good news doesn't make news" still rules the newsroom.  Homicide is exciting, while the local high school valedictorian acceptance speech is not so exciting.  Also, major media outlets tend to be located in core cities.  It is much easier for the media outlet to get a story from a local station house than a remote suburban police station.   Since core cities are likely to be largely minority in demographic makeup, these are the criminals seen on the five o'clock news.

Questions:

1. Do media outlets in fact report focus on violent crime?   Examine the literature and provide a summary analysis.
2. Are minorities criminals targeted by news media or do they commit more crime?  Examine arrest statistics as well as studies of media treatment of minorities.

Web Resources:

1. Taxation of media crime coverage: http://www.freedomforum.org/press/1998/2/17georgia.asp
2. Crime and Media Links at Ashland University: http://www.ashland.edu/~crimjust/media.html

One C - Real and Apparent Hate Crimes. In 1990, the federal government enacted a law calling for the counting of hate crime, or criminal acts motivated by racial, religious or sexual bias.  Since that time, researchers have sought to quantify the factors involved in the commission of hate crime.   It is estimated that most hate crime is ethnic in nature (70 percent), with religious and sexual hate crimes accounting for 18 percent respectively.

Recently there has been some attention given to the incidence of faked" hate crime.  A number of fairly highly  publicized incidents have motivated some to call for an accounting of false accusations of hate crime.  The argument goes that high levels of public fear of crime may engender an environment in which staged incidents are more easily believed.

Questions:

1. Do you believe the public is ready to believe alleged hate crimes before and investigation is conducted?
2. If faked hate crimes proliferate, what impact are they likely to have on the pubic and on true victims of hate crimes:

Web Resources:

1. Federal Bureau of Investigation: http://www.fbi.gov/
2. American Civil Liberties Union:  http://www.aclu.org/features/nytimesad090198.html

The Federal Bureau of Investigation and the American Civil Liberties Union maintain a series of links and analyses  relevant to analysis of hate crime.

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1. Aggregate Part One crime has risen significantly
2. Violent crime (homicide, rape robbery and aggravated assault) has risen faster than non-violent crime (burglary, larceny and auto theft)
3. The age distribution has shifted toward younger offenders
4. A higher percentage of minorities are committing crime
5. Crime is shifting from core cities to the suburbs
6. Drug-related crime has increased dramatically.

In response to these trends, state and federal policy makers have shifted funds to law enforcement agencies.  Additional police officers, anti-drug units and prison beds for youth offenders have become top fiscal priorities   governors and legislatures around the country.  Some states have focused on early childhood education and nutrition programs as ways of forestalling the potential of children growing up to become criminals.  There is significant discussion among policy makers concerning whether criminal justice or social program spending is more effective in reducing crime.

Questions:

1. Has crime grown faster than the rate of population growth.  If not, our national priorities about crime misplaced?
2. Do you favor increased spending on law enforcement or early childhood social programs as a method of reducing crime rates?  Explain your answer.

Web Resources:

Cecil Greek's Links: http://www.criminology.fsu.edu/cj.html.   Among Professor Greek's hundreds of links are those related to the causes of crime.   This website is probably the most comprehensive on the Web when it comes to the sheer number of resources.

Two B - Drug Use Forecasting.   The Drug Use Forecasting (DUF) program began in 1987 under the auspices of the National Institute of Justice.  The purpose of the program is to provide a measure of drug use among arrested crime suspects through systematic information about drug types, usage patterns and trends over time.  The Program consists of urinalysis and self report information taken from a sample of arrests in twenty-four cities.  The information generated has been useful to policy makers, police, courts and correctional agencies in understanding the scope of the problem and in the establishment and targeting of treatment program to specific high-risk populations.   On average, more than half of all arrestees test positive for drugs, a finding that holds true for both males and females.

Questions:

1. Why is it not necessarily true that the high incidence of drug use among arrestees means that drug use causes crime?
2. Is it fair for an arrestee to be forced to submit to urinalysis before he or she has been convicted of a crime?
3. Where does more drug use occur among youth, in core cities or the suburbs?

Web Resources:

1. United States Sentencing Commission: http://www.ussc.gov/crack/chap3.htm
2. National Criminal Justice Reference Service: http://ncjrs.org/htm/data.htm
3. Drug Use Forecasting Conference Papers: http://www.informs.org/Conf/WA96/TALKS/TA20.html

These websites represent a cross-section of institutional and research oriented resources regarding the drug use tracking and analysis issues.

Two C - The Issue of Overcriminlization.   The large number of mala prohibitia offenses, especially those criiminalizing the vices, has led some people to question whether or not the criminal law is being overused to achieve questionable purposes.  This situation, called overcriminalizaiton, occurs when behaviors are made illegal even though they do not cause great societal harm and aren't regarded as criminal buy a significant portion of society.  Criminologists Normal Morris and Gordon Hawkins have pointed out that we spend enormous amounts of time and resources in attempting to enforce laws against consensual sexual conduct like prostitution, medical problems such  as drunkenness and addiction and social problems like excessive gambling.  Laws prohibiting gambling and drug use are commonly cited as examples. It is said that when too many behaviors are made illegal, a variety of problems can result; those include disrespect for law, discriminatory enforcement, corruption of public officials and government intrusion into the private moral conduct of citizens.  Further, police are put in the contradictory position of having to enforce virtually unenforceable laws while overlooking much behavior that is technically criminal.

Questions:

1. How can it be argued that consensual or victimless crimes are important enough to be treated as part of the crime problem
2. Propose a method to deal with victimless crime as an alternative to that proposed by Morris and Hawkins.

Web Resources:

1. McGill University Analysis: http://journal.law.mcgill.ca/abs/39cairns.htm
2. Cato Analysis: http://www.cato.org/pubs/pas/pa-223.html
3. Northeastern University Analysis: http://www.tobacco.neu.edu/tcu/3-97/YPFINAL.HTM

These websites represent analyses of "victimless crimes" and their true costs to society.

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How crime is measured is partially dependent on how one views the relationship or influence of "nature" and "nurture."  Those who believe that there is an ecological basis to crime are more likely to look for patterns among geographic, political or social groups.  Those who believe in a biologic basis of crime argue that inherent human nature and genetics play a more important role.

Questions:

Do you believe that nature or nurture is the more important issue with respect to the causes of criminal behavior?

Web Resources:

1. Texas Tech Summary: http://www2.tltc.ttu.edu/SCHNEIDER/IUteach/crim/chapt9.htm
2. Princeton Analysis: http://www.princeton.edu/~progrev/95-96/apr96dh.html

The Texas Tech summary is an annotated outline of the nature versus nurture regarding crime while the Princeton analysis examines the nature versus nurture controversy regarding human intelligence.

Three B - Crime Rates and Criminal Law.  There are those who argue that certain statutes have a disproportionate impact on the likelihood of certain persons of groups to run afoul of the law or public good.   Though this may be stating the obvious, certain groups  involved in conduct considered to be not within community standards of behavior can be targeted by the law to sanction those groups.  Examples of these kinds of statutes are relatively high penalties for use of crack cocaine and the banning of "low rider"vehicles from certain neighborhoods.  These are examples of laws said to be targeted at young and low income youth.  These laws when enforced cause crime rates increase for these groups:  Recently, many states have used this approach to reduce the incidence of tobacco use, particularly among young people.  The President and Congress have attempted to provide some guidance in this area, without much success.

Question:

Examine literature regarding the use of law to target certain groups.  Provide two examples of laws you believe are fairly and unfairly applied.  Explain your answer.

Web Resources

American Heart Association Antismoking Site:    http://www.americanheart.org/Heart_and_Stroke_A_Z_Guide/tobta.html

Three C - Homicide and State of Mind.  The punishments of various  forms of criminal homicide differ according to the state of mind (mens rea) of the offender at the time of the act.   Because the result is always death, murder and manslaughter are distinguished by the nature of the offender's "guilty mind."  In the following four scenarios that result in death, determine the construction worker's state of mind and whether he should be charged with murder or manslaughter.

Scenarios:

1. Clyde is a roofer working in a high-rise building.  One day he sees a man walking on the street below who he knows is dating his form girlfriend.   He picks up his hammer and drops it on the man, who dies as a result.
2. One day Clyde is bored, so he  drops his hammer because he likes to see people scatter.  One unfortunate passer-by is killed as a result of this action.
3. During an argument with a fellow worker, Clyde throws his hammer at him. The hammer misses the worker and falls to the  street below, killing   a pedestrian.
4. One  day Clyde comes to work drunk and accidentally drops his hammer while attempting to drive a nail.  A person on the street below is killed.

Web Resources:

1. Cal State Northridge Criminal Law Pages: http://www.csun.edu/~hbact447/school/crim1.html
2. Australian National University Law School: http://law.anu.edu.au/criminet/ex97note.html

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Assuming that you posses only this information, what psychological explanation could you use to explain Hinckley's shooting of the President, especially since there was absolutely no chance that he could avoid being caught.

Web Resources:

1. University of Buffalo Analysis/Lecture: http://ub-counseling.buffalo.edu/Abpsy/lecture3.html
2. American Psychological Association: http://www.psych.org/public_info/INSANI~1.HTM

The University of Buffalo link is an annotated outline of assassination incidents and behaviors.  The APA includes numerous resources regarding abnormal psychology.

Four B- Television Crime Drama and the Causes of Homicide.  Crime-oriented programs are among the most popular forms of entertainment on television.  News magazines, televised trials, "reality" police shows and crime dramas can be found every night on many different channels.   It is likely that fact-based crime shows also serve primarily to entertain rather than inform, owing to their propensity to feature the most sensational and violent cases.   For many people however, a significant part of what they know about crime is derived from crime drama; most people do not have personal experience with violent crime.

Most crime dramas focus on the commission and solution of homicides.  This runs counter to the fact that homicide  is by far the least common serious crime.  Television crime dramas also devote very little time to the   causes of the criminal behavior depicted, often resorting to "blind passions, crazy plots, and references to magic, if not to clinical madness," while simultaneously placing great emphasis on careful scientific.  These contradictions between media images of crime and its reality have given rise to increasing criticism of the media's role in creating inaccurate public perceptions.

Question:

If many people base their views about the causes and prevention of homicide on television crime dramas, what will be the impact of the increasing numbers of these programs being broadcast on an increasing number of channels?

Web Resources:

1. Journal of Criminal Justice and Popular Culture: http://www.albany.edu/scj/jcjpc/index.html
2. Journal of Online Law: http://www.law.cornell.edu/jol/jol.table.html

These journals both include multiple links and articles related to the impact of media on crime.

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These laws are vigorously opposed by groups such as "People for Pit Bulls," which argue that the laws are discriminatory (against a single breed of dog) and a violation of privacy.  They claim that the dogs do not pose enough  of a danger to justify the laws and are entitled to reproductive freedom.  They also point out that the laws discriminate against poor owners (who cannot afford insurance).

Questions:

You are and attorney hired by the city to defended a new ordinance like the one just cited.

1. What are the limits on police  power to establish this law?
2. On what grounds would you defend the law?
3. What is the likelihood of a successful defense of this law? Explain your answer.

Web Resources:

Animal Rights Law Center.   This organization is a part of the curriculum of the Rutgers University Law School.

Five B - Maternal Infanticide.  Infant homicides (called infanticides) are among the rarest forms of homicide.  Those committed by mothers are rarer still.  Nevertheless, in 1994, the world's attention was focused on this issue when Susan Smith was convicted of drowning her two children.   According to the FBI Uniform Crime Reports, there are approximately 600 homicides of children under the age of five each year.  However, the U.S. Advisory Board on Child Abuse And Neglect estimates that nearly 2,000 infants and young children die from abuse or neglect each year.  Many of these cases involve maternal infanticide.

Postpartum Psychosis is the medical label for irrational behavior that results from depression following childbirth, but little is known about the social circumstances that accompany such behavior.  In an important study, Martha Smithey interviewed fifteen Texas women who had been held legally  responsible for the death of their own infants.  She discovered that the women had been victims of prior sexual abuse or trauma at the hands of both relatives and strangers.  They were also abused by their husbands.  As mothers, they had little or no emotional support, and the fathers of the infants were abusive, unsupportive, or antagonistic.   the fathers also provided very little economic support.

Question:

If it is true that 2,000 young children die each year at the hands of their parents or care givers, and the parents are sometimes victims of abuse, what would you propose as a way to break this cycle?

Web Resources:

Infanticide and Postpartum Depression   A scholarly analysis of the relationship between infanticide and postpartum depression prepared by the University of California at Santa Barbara.

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The researchers found that aggravated rapes were more likely to occur away form home and to produce physical evidence of the crime, but the tow kinds of rape did not differ significantly in any other way.  Both simple and aggravated rapes were equally likely to be prosecuted, and characteristics of the victim appeared to play  no role in the outcome of the case.  Th investigators found that "walking alone late at night, hitchhiking and accompanying a man to his home apparently did lot lead a victim to be blamed for precipitating a rape."  If these findings hold true in other cities, we can conclude that the processing of rape cases through the criminal justice system is based on the offender's conduct rather than that of the victim.

Questions:

How would you explain the findings of this study, given the differences in the severity of the crimes?

Conduct a quick review of the literature regarding rape and blaming the victim.  Are these findings consistent with the literature?  If not why do you think that this study is different?

Web Resources:

Abuse Links (Allyn & Bacon).  This site includes approximately 40 sex abuse and domestic. violence links

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Six B - The Cost of Criminal Justice.  The provision of criminal justice programs is expensive.  While criminal justice is not the largest category of government spending, it is the fastest growing.  For example, since 1980, prison construction has comprised the single largest spending category in state government.   Spending on prison operations are not far behind.  In some states, the prison system employees more personnel than any other single agency.

There are myriad reasons for this increase.  Some researchers  point to the get tough on crime attitude adopted by government officials during the1980s, while others point to increasing prison time for many drug offenses.  Still others point to what  amounts to a transfer of funds (and clients) from social and mental health systems to correctional systems.  An increasing number of researchers argue that disproportionate number of racial and ethnic minorities are being systematically targeted by law enforcement, sent to the criminal justice systems and thus driving up costs.

Question:

What are the primary factors leading to the increasingly high cost of the criminal justice system in America?   Do the researchers have it right or are there other factors not considered in the above discussion?

Web Resources

Criminal Justice Spending Links.  These links focus on a wide variety of criminal justice spending, focusing primarily on prisons.

An estimated 1,200 horses are used in law enforcement.   Like dogs, horses ear more commonly used in large jurisdictions than small ones.   Nearly 85 percent of large cities have mounted patrols, and more cities of all sizes are establishing them.  Historically, horses were used primarily to control crowds and patrol rough terrain.  Today they are being used in routine neighborhood patrols. Mounted patrols cover more area than foot patrols, have greater visibility, provide good community relations, and cost less to purchase and maintain than squad cars.

Questions:

Why do you believe the use of mounted patrols decreased in the first place, and why do you think it is making a resurgence now?

Mounted officers appear to have greater success in community relations than offices in squad cars or even those on bicycles.  Why do you think this is so?

How do you think dogs came to be used in investigative work, and why are they still used for such work?

Web Resources

1. National Crime Prevention Council
2. Royal Canadian Mounted Police

These websites discuss information on alternative modes of police protection, including bicycle and mounted patrols. The RCMP website includes a comprehensive history of the use of animals in law enforcement.

Seven B - The Cyclical Nature of Community Policing. Before the establishment of full-time police in the 1800s, private citizens were largely responsible for protecting their own property.  With advances in police professionalism and technology, the public has come to rely on the police for this service.  The dramatic growth in calls for police service testifies to this reliance.

Increased calls to police have diminished their effectiveness in solving crimes.  Community  policing attempts to introduce the public as a significant player in crime control.  It has been defined as "a collaboration between the police and the community that identifies and solves community problems."   Recognizing that many crimes stem from poor and disorganized neighborhoods, community policing is designed to incorporate members of the community as "active allies in the effort to enhance the safety and quality of neighborhoods" so that   police are "no longer the sole guardians of law and order."  It is ironic that in 150 years the United States has evolved from a crime prevention system in which private citizens fended for themselves to one in which they ear almost totally dependent on police. The trend is now being reversed.

The nature of community policing varies indifferent jurisdictions, but the theme is the same: assigning a neighborhood patrol officer who gets to know the local residents, building trust between police officers and citizens, devoting time to solving problems before they develop into crimes.  This approach to law enforcement makes citizens partners with the police in controlling crime, rather than passive recipients of police services.

Evaluations of the effectiveness of community policing strategies have found mixed results thus far.  On the positive side, citizens in many neighborhoods have reported a more positive view of police and of the crime situation in their area.   On the negative side, community policing has had no clear effect on crime rates; it has proven difficult to involve neighborhood organizations in the programs, and within police departments there appears to be some resistance to community policing strategies.

Questions:

1. Why do you believe the public's attitude toward police often improves in neighborhoods where community policing is practiced?
2. Why do you think community policing has not had a dramatic impact on crime?
3. What forces within police departments and within police offices themselves may provide resistance to the idea of community policing?

Web Resources

1. The Community Policing Consortium
2. The Washington State Institute for Community Oriented Policing

These links lead to research and practitioner organizations devoted to the study and implementation of community policing programs.  The Community Policing Consortium is funded and sponsored by major federal, state and local law enforcement organizations interested in community policing.  The Consortium has significant research capacity and produces reports and monographs on the subject of community policing.

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A review of police pursuits found that many are unnecessary.  In Miami-Dade County, a review of all 488 police pursuits occurring between 1990 and 1994 found that only 35 percent involved suspected felonies.   Forty-five percent of the pursuits were initiated for traffic violations.   The findings in other cities were similar: in Omaha, only 40 percent of pursuits involved suspected felonies; in Aiken County, South Carolina, 43 percent were felony pursuits.

More than 90 percent of police departments have written policies governing pursuits, although less than a third regularly collect pursuit statistics.  In addition, the average time devoted to driving training at police academies is less than fourteen hours.   Inservice training adds three additional hours per year.   This training is suspect, however, because it focuses on the mechanics of police pursuit and  defensive driving, rather on the decision to engage in a pursuit.   As police expert Geoffrey Alpert has observed, "it is shameful for our law enforcement agencies to expect their officers to make proper and appropriate decisions with minimal or no training."

Question:

Why do you believe that the police pursuit decision has not been systematically addressed until recently, and under what circumstances do you think police should engage in a pursuit?

Web Resources:

Florida State University Pursuit Links.  This comprehensive site includes links to caseload, statues, policies, procedures, journals, articles, literature reviews and bibliographies. http://www.criminology.fsu.edu/TA/labreck/rmlweb/pursuit.htm#Menu

Eight B - The Production of Crime Statistics.  Much has been written on the factors that lead to the production of crime rates.  Poverty, income, race, ethnicity, housing, and social status have all been identified as causal factors in increased crime.  Much less has been written with respect to the production of internal police crime statistics.  Many believe that police agencies "massage the data" to put themselves in the best light.  Black and others found that the competency of police administration has as much to do with change in crime statistics as any factor.  Nesbary found that workload at the time of incidents is an important factor.  Police agencies contend that they are too busy to worry about how the statistics look.  They just report the actual data as incidents of crime occur.

Question:

What do you believe are the primary factors impacting the crime statistics produced by police agencies.  Are political influences important?

Web Resources:

FBI Crime Statistics Website

Mansfield University Crime and Criminal Justice Website

These comprehensive websites list major federal (FBI) resources and general crime statistics sites (Mansfield).

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Constitutional guarantees for crime suspects are comparatively recent in this country.  Most of these rights have been made explicit only in the last forty years, so the justice system may be going through a period of adjustment.  Moreover, law enforcement officials historically have blamed "civil rights" for their inability to affect crime rates.  And as the Wickersham Commission found in 1931, use of the "third degree," incommunicado interrogation and illegally seized evidence had no effect on crime rates.

A number of studies of Miranda have been conducted over the years.   One such study was carried out by Richard Ayers in 1968, two years after the Miranda Decision.  On the basis of extensive interviewees  of detectives, defense counsel, prosecutors, suspects and observation of interrogations, Ayers concluded that Miranda had "virtually no effect on police investigation."  Interestingly, Ayers found that true Miranda warnings were given to suspects in only about 20 percent of interrogations and of these, many suspects choose not to exercise their rights to have an attorney present.

Questions:

1. If you were arrested and the Miranda warning were read to you, what effect would it have on your willingness to talk with police?
2. Despite its limited impact on police interrogations, there remains some opposition to the Miranda warning.  Why do you believe this is  so?

Web Resources

FBI Analysis of Miranda and the Exclusionary Rule

In Beyond Miranda, Special Agent Alan Hendrie, J.D. provides a concise analysis of the Miranda Decision and the extent to which it has been modified over the years.

Nine B - An Appropriate Remedy for Police Misconduct.   Much of the controversy over improper police searches, interrogations, and use of force focuses on findings of an appropriate remedy.  Should police be criminally punished or civilly sued, have their cases thrown out of court, or suffer some other consequence if they are found to have engaged in misconduct?

Some argue that police officers should be punished as individuals for engaging in improper conduct in the course of their duties.  In the view of extensive screening of police applicants, their training requirements and the authority they hold over the liberty of other citizens, police should be held to a high standard of conduct.  On the other hand, police are often asked to make quick decisions without knowing all the facts.  Is it fair to punish them for decisions that are reasonable but incorrect?

Over the years, court decisions have attempted to reach a middle ground.  It has been held that government officials (including police) enjoy "qualified immunity" when performing discretionary function on the job.   This means that they are shielded from liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person should have known."

It has also been argued that the exclusionary to extensive because it can allow a person to go free, as in the Miranda case.  Should police misconduct benefit the suspect? One alternative is to fine or suspend a police officer who makes improper decisions that a "reasonable" officer would not make under the same circumstances.  This leads to the question of whether fines or suspension are appropriate or sufficient punishment for improper conduct.

In a majority of states, police officers who abuse their powers maybe subject to "decertification proceedings" that strip them of the ability to work as police unless they are re certified at a later date.  This might serve as a greater deterrent to police misconduct, but it does not directly address the effects of past misconduct.

Questions:

1. Would it be a good idea to allow new caselaw (such as the Miranda warning) to apply only to future cases, rather than allowing a guilty person to go free?
2. If police officers were fined, suspended or decertified from making certain kinds of improper decisions, how would such actions serve the interests of justice?

Web Resources:

1. Criminaljustice.org analysis.
2. Richmond Journal of Law and Technology

Criminaljustice.org makes the case that the exclusionary rule has been weakened over time, and that Congress has taken steps to weak the rule further.  The Richmond Journal of Law and Technology includes a reference page with may links regarding the exclusionary rule and the Fourth Amendment to the U.S. Constitution.

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Thus far, evaluations of domestic violence courts have been encouraging.  Court personnel, litigants, law enforcement officials and attorneys report that cases are being handled more efficiently than in felony courts.   Having court officials familiar with domestic violence issues is of great assistance to users of the systems, especially abused spouses typically less than willing to go through the difficult and emotionally draining process of a criminal court action.

Questions:

1. Do you believe that it is more efficient to develop separate courts to handle domestic violence or drug cases?
2. Do you believe that justice is served by having separate domestic violence court?

Web Resources:

National Institute of Justice'

The NIJ's Domestic Violence Court project seeks to develop performance standards for the implementation of domestic violence courts

Ten B - Preventing Child Sexual Abuse.  The U.S. Department of Health and Human Services reports that account 140,000 new cases of child sexual abuse occur every year.  these cases account for a small but increasing proportion of court cases filings in both family and criminal court.  Three-quarters of the victims are abused by someone they  know, and about a third are under age seven.  These facts have resulted in the development of sexual abuse prevention programs aimed at preschool and elementary school children.  By 1990 nearly half the states required school-based child sexual abuse programs.  These programs are designed to increase awareness of child sexual abuse and provide training in ways to increase personal safety.

An assessment of 135 abuse prevention programs did not find any direct evidence that they are effective in preventing the occurrence of child sexual abuse.   Although many of the studies had methodological flaws, they clearly showed that children have difficulty grasping the idea that they could be abused by a family member.  On the other hand, programs are effective in teaching children to say no or to leave the scene of potential abuse.  This suggests that children can learn avoidance behaviors but lack the understanding to apply them when needed.

Question:

Can you propose a way to prevent child sexual abuse other than in-school training?

Do you think that the incorporation of family counseling and information programs can be useful in preventing child sexual abuse?

Web Resources:

Yahoo! Sex Abuse Links

Yahoo! maintains and updates regularly this collection of over 100 links to organizations focusing on sex crimes and sexual abuse.

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On December 5, 1997 professional hockey star Kevin Prime accepted a plea agreement June 5th and pled guilty to driving while intoxicated (DWI).  Prime, 30, of Alpena, was charged with DWI after Alpena City police officers observed him running a red light and driving carelessly, court documents said.  Officers stopped him and observed that he had red, watery eyes, slurred speech and the smell of alcohol. Prime registered a .217 blood-alcohol level on a breathalyzer test, court documents said.  As part of the plea agreement, Prime was sentenced to the minimum of two days in prison, 100 hours of community service  and given a $1,000 fine plus a $500 surcharge

Prime has a history of reckless driving and alcohol abuse.  Court records show that he has four speeding tickets and one DWI arrest during the past two years.  Prime is also an National Hockey League all star and has lead his team in goals and assists for the last three years.  When questioned concerning the plea bargain, prosecutor Archibald Starr  suggested that it would not be "in the public interest" to punish Prime more severely.  He contended that Prime showed remorse for his actions and is already attending alcohol rehabilitation programs.

Questions:

Do you agree with Prosecutor Starr's contention that there was not a public interest in sentencing Prime more severely?

Do you believe that Prime would have been sentenced more severely if he were not a star professional athlete?  Explain your answer.

Web Resources:

New Jersey Criminal Justice Process

The State of New Jersey maintains a simple and straightforward website examining its legal processes, including plea bargaining.

Eleven B - Guilty Pleas and Court Administrative Costs.  It is estimated that in excess of 90 percent of all criminal cases are resolved through guilty pleas.  Without the possibility of guilty pleas, it is argued that the court systems of America would grind to a halt.  Court administrators argue that to reduce the percentage of plea bargains, the costs would be prohibitive.  For example, it is estimated that a 20 percent increase in trials would cause the Michigan State Judiciary budget to increase from its current $211 million to approximately $263 million.

Opponents of plea bargains contend that costs would not increase by a significant amount since many of the fixed costs (physical plant, judges, staff) would not increase significantly.  Further, they argue that the benefits from trying individual cases in court (and incarcerating criminals) are far outweighed by the societal benefit of having these criminals off of the streets.

Question:

How would you construct a mechanism for comparing the relative costs of incarcerating individuals vests potentially short prison and jail time resulting from plea bargain?  Can such a mechanism be constructed?  Explain your answer.

Web Resources

Florida Department of State Analysis: http://www.dos.state.fl.us/fgils/agencies/fcc/reports/crime.html
This website provides a concise analysis of the direct costs of incarcerating an individual in the Florida State Corrections System.

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To protect and insure by rule of law those individual rights guaranteed by the United States and Tennessee Constitutions in criminal cases  and to resist any efforts to curtail the rights guaranteed to citizens

Clearly, the issue is not whether a person is guilty or innocent.   The issue is whether the defendants rights are protected according to the laws of the jurisdiction in which the defendant is being tried.

The highly publicized homicide case involving John Benet Ramsey illustrates this issue.  John Benet's parents  have been roundly criticized for not cooperating with the police and Boulder Colorado District Attorneys Office.   William Pizzi, who teaches criminal law at the University of Colorado School of Law makes the case that suspects in a criminal investigation have the choice of cooperating with police.   In a recent interview, Pizzi contended that said, "the police have no power to compel anyone to cooperate in an investigation. Most people do because of the obvious moral authority of the police, and because of the enormity of the crime, and they want to cooperate. "But a citizen can always say, 'I'm sorry, but I really have nothing to tell you.' And on top of that, there is the Fifth Amendment privilege, which absolutely prevents citizens from having to give evidence that would be self incriminating.''

Question:

Should defendants in criminal cases be compelled against their will to cooperate with police investigations?  If so, under what circumstances should the be compelled to cooperate?

Web Resources

Massachusetts Association of Criminal Defense Lawyers.  http://www.tiac.net/users/elloco/.
This is a typical state criminal defense lawyer website.  It provides general infuriation on the role of the organization and many links to government, legal and criminal defense resources.

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Several studies have demonstrated that race becomes more of a factor for each successive step in the criminal justice process.  At the time of arrest race is a significant factor, but not nearly as significant as it becomes when a decision to prosecute is made or a decision to go to trial is made.

Questions:

Many have argued that racism is the predominant factor with respect to moving accused felons through the criminal justice system.  However, if the above is true, what other factors may impact the decision to prosecute or length of sentence?

Web Resources

University of Dayton Study - The Effect of Mandatory Minimum Sentencing on Black Males and Black Communities

University of Illinois at Chicago Study - Cocaine and Sentencing Policy

Thirteen B - Determinate versus Indeterminante Sentencing.   Throughout the last half of the twentieth century, there has been a fluctuation between the flexibility given to judges with respect to sentencing. In the 1950s and 60s, judges received relatively little discretion in determining what a sentence should be.   The law outlined roughly the length of years of a convicted felons' sentence.   This was known as determinate sentencing.   During the 1970s, a movement began to reform the manner by which sentences were set.  Originating in Minnesota, judges were allowed to set a senescence based upon a broad range of guidelines in a relatively wide range of sentences.  This model is known as indeterminate sentencing.  During the late 1980s through the present, the pendulum has swung back to determinate sentencing.  In addition to more specificity in the sentence, mandatory sentencing has become more common.  Mandatory sentencing usually requires a convicted felon to serve a set minimum number of years to be served prior to the possibility of parole.

Questions:

Do you believe that determinate or indeterminate sentencing is a more effective sentencing model?  Explain your answer.

Some argue that mandatory minimum sentencing has lead to the dramatic increase in the number of prison beds in the federal and state systems.  Do you agree with this?  What other factors could have lead to the increase in the number of prison beds.

Web Resources

United States Sentencing Commission - The USSC includes analyses and links regarding historical and current sentencing practices among state and federal courts.

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Since the mid-1970s, private industry has developed relationships with prison systems whereby private companies locate manufacturing facilities on prison grounds.  Prisoners manufacture goods under the supervision of business managers and the watchful eye of prison staff.  This arrangement benefits the prisoner by providing a relatively high wage and benefits businesses by providing a relatively low cost source of employees.  Competitors contend that businesses locating in prisons have a competitive advantage because of the low cost of labor.   Business locating in prisons counter this argument by citing high training and security costs.

Question:

Do you agree that businesses locating in prisons have an advantage over their competitors?  Explain your answer.

Web Resources

UNICOR - Federal Prison Industries Corporation.  UNICOR is the trade name of the federal prison industries program.  UNICOR is a program within the Federal Bureau of Prisons

Fourteen B - A Case of HIV Discrimination?   Shannon Weatherford served about two years in prison for a burglar she committed in Texas.  Before being released she was transferred to a pre-release center where she dressed in street clothes, took a computer course, worked in the warden's office, and was several weeks away from completing a drug rehabilitation program.  She had unlimited access to a pay phone.  Then she tested positive for AIDS.

Weatherford was immediately placed with other HIV inmates and transferred back to a  regular prison.  There she wore prison clothes, worked on a prison hog farm, and was ordered to complete another drug rehabilitation program that would last ten months, but would not begin for another six months.   Telephone contact with the outside was limited to one five-minute call every three months.  Her family visits were reduced by half, and she was no longer permitted to wear make-up.  Prison officials claimed that all females demonstrating symptoms of HIV are transferred to that prison.

When Weatherford went up for parole, it was denied because she had been moved to a new correctional institution.  Weatherford claims that she is "the picture of health" and has not seen a doctor since she arrived at the new prison.

Questions:

1. Is Weatherford being punished for being HIV positive?
2. What would your opinion be if you were a prison administrator?
3. Does the inmate have any valid legal claim for unfair treatment?

Web Resources:

1. Center for AIDS Prevention Program - University of California at San Francisco.  The CAPP provides analysis and programs in a wide variety of areas including AIDS in prison.
2. AIDS in Prison Project.  This website includes multiple links to resources for those interested in AIDS in prison.

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Proponents of community alternative programs argue that they are much less costly than incarceration and that now significantly more likely to produce a dangerous product.  They also argue that many prisoners could be released to the community because they committed a nonviolent crime (drug abuse) or a victimless crime (prostitution, gambling).  Opponents of community alternative programs argue that individuals sentenced for the commission of a crime should serve out their sentences notwithstanding their likelihood of good behavior.

Question:

Should community alternatives be expanded or contracted? Explain your answer.

Web Resources:

Community Corrections Links and Definitions.  The University of Alaska Anchorage maintains this website in which numerous links and analytic works may be found.

Fifteen B - The Return to Chain Gangs.  In 195, Alabama and Florida became the first states to reintroduce chain gangs as a correctional technique.  Chain gangs are groups of offenders, sometimes chained together at the ankle, who are taken out of prison to perform roadside clean-up tasks under the supervision of an armed guard.  The inmates are returned to prison at dusk.

On one hand, it can be argued that chain gangs are a part of community corrections.  Inmates are on a form of work release (albeit under strict supervision), forced to perform work, and returned to prison at the end of the day.   Prison officials point out that one corrections officers can supervision up to 40 chained prisoners, making chain gangs a cost effective form of supervision.   Likewise, chain gangs serve as a visible deterrent to passersby, unlike inmates in prisons out of public view.  The wearing of leg irons has also been said to instill discipline and shame.

On the other hand, chaining criminals together is a throwback to the past; one politician has called it "a return to slavery."  Chain gangs were used to control African Americans in the South after the Civil War, and some believe they symbolize a legacy of racial injustice.  Chain gangs are humiliating and can make an inmate "feel like an animal."  The resulting anger may cause greater frustration and possibly more violence or vengeance by offenders upon release.   Furthermore, there is no empirical evidence that shows that chain gangs deter future criminal activity.

Question:

Is there a way to balance the public demand for more severe penalties with the resurgence of chain gangs and their historical connection with racial oppression?

Web Resources:

American Civil Liberties Union.   The ACLU has issued a number of memoranda and analyses on the re emergence of   chain gangs in America.

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Law enforcement agencies have been at the cutting edge of applying Internet technologies for line activities.  Fingerprints, ballistics information, missing persons reports, standard crime reports and administrative data are all transmitted internally and externally via the Internet.  Rather than acquiring expensive dedicated hardware and software for these purposes, police agencies may now transmit these data directly via the web.

Web transmission of police information has many benefits.  First,   the information is available almost immediately.  To transmit data from a police agency in Illinois to an agency in Germany simply requires the sending agency to post the information to a secure website.  The receiving agency then opens the webpage for review.  Second a tremendous range of police agencies my be contacted via the Internet.  For example, if a person is wanted for a crime, and suspected perpetrator has crossed international lines, the investigating agency may send mug shots via the Internet or may post a web page with the alleged perpetrator's picture displayed prominently.

Questions:

1. List three Internet tools useful in investigating international crime.
2. Describe two ways the Internet has changed the investigation of crime across international borders.

Web Resources

U.S. Government International Crime Control Strategies.  This comprehensive document discusses the extent of the international crime problem from the United States' perspective and outlines myriad solutions.

Sixteen B - Political Asylum in Genital Mutilation Cases.  Fauziya Kasinga came to the United States from Togo in 1994.   Her female relatives had forced her into an arranged marriage there and were ready to force her into genital mutilation.  Female genital mutilation is a centuries-old cultural practice that involves mutilation or removal of the clitoris to reduce sexual sensation.  It is the equivalent of castration for males.  In some countries, women mutilate their toddler daughters without anesthesia or sterilized instruments sometimes causing infection, infertility, painful intercourse, or death.

Kasinga is asking for asylum in the United States.   Under U.S. law, individuals can be granted asylum only if they demonstrate "credible" fear of persecution due to ethnicity, race, religion, political opinion, or membership in a social group or class.  A lower hearing board of the Immigration and Naturalization Service turned down Kasinga's request, holding that female genital mutilation is not a form of persecution.  She appealed to a higher board.   If it grants her asylum, millions of women form more than twenty African and Middle Eastern countries could claim asylum for the same reasons.

Questions:

1. What is the balance that must be achieved in considering a request for political asylum in a case like this?
2. How would you rule in this case, and why?

Web Resources:

Poliltical Asylum Links.  Yahoo! maintains a list of over 2,000 websites and resources regarding international and domestic political asylum issues.

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The illegal transmission of music has also grown significantly during the 1990s.   The Web provides an easy to use vehicle for storing, advertising and transmitting music.  Music clips or complete songs may be stored on Web servers, easily accessible to anyone with a Web browser.  Copyright laws are often not followed when songs or clip are placed on the Web.  Because of the sheer number of websites, it is nearly impossible for law enforcement to track illegal users of songs or music clips.

Questions:

Survey 10 state law enforcement agencies.  Do these agencies have staff trained to located and identify websites transmitting illegally copied music via the Web?

Federal law enforcement agencies are aggressively pursuing illegal producers of CD music and software.  What is the magnitude in dollars of illegally copied music?  What is the magnitude in dollars of illegally collected software?

Web Resources:

National Law Enforcement and Creations Technology Center: http://rmlectc.dri.du.edu/.  The NLECT, located at the University of Denver, examines many emerging technology issues in crime including crime mapping, explosives, ballistics, public safety and communications.

Financial Fraud Institute: http://www.ustreas.gov/fletc/ffi-view.htm.   This branch of the U.S. Treasury department specializes in assisting law enforcement and business in combating high tech and computer related fraud.

Seventeen B - An Anti-Drug Sales Tax.   In 1989 Jackson County Missouri became the first U.S. jurisdiction to approve a sales tax dedicated to reducing drug use.  Jackson County, which includes Kansas City, is the second largest county in the state.  The tax is called COMBAT (Community-Backed Anti-Drug Tax, and brings in more than $14 million annually.  The funds collected in this way are administered through the county prosecutor's office and are directed to three efforts: jailing dangerous criminals and drug dealers, providing treatment for nonviolent offenders who want to get off drugs, and preventing children form experimenting with drugs.

Programs designed to achieve these goals include community policing in six Kansas City neighborhoods, a prosecution unit that handles drug cases exclusively, a police drug enforcement task force, expansion of county jail facilities, funding of nonprofit drug treatment programs, a separate drug court, and funds for juvenile court support and probation officer counseling and teaching in the public schools.

The COMBAT program has produced thousands of drug investigations, prosecutions, and significant efforts in drug education and treatment.   A full evaluation of the program has not been completed, but in 1995 Jackson County voters approved a seven-year renewal of the anti-drug tax by a margin of more than two to one.

Questions:

What are the advantages and disadvantages of a sales tax directed toward a single issue such as drugs?

Would you vote to increase the sales tax in your jurisdiction and dedicate that increase to anti drug efforts?  Why or why not.

Web Resources:

Federation of Tax Administrators. The FTA regularly outlines initiatives in state federal and local taxes, including taxation of legal and illegal drugs.

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Suburbs have been slow to address the issue of youth gangs for several reasons.   Primary among them is the pervasive belief that gangs are a city problem and not a suburban  problem.  Media depictions of gang incidents nearly always offer examples of inner city youth rather than suburban youth.  Additionally, police agencies themselves have been slow to recognize the growth of youth gangs in their jurisdictions.  In the mid to late 1990s, the suburbs are taking gang problems very seriously and have developed effective programs to combat gangs.  Warren, Michigan and Aurora Colorado are two such cities.

Questions:

1. The federal government has developed many anti-gang programs.   Identify and describe three of them.
2. Please identify three suburban police agencies that have developed effective anti-gang programs.

Web Resources:

National Youth Gang Center: http://www.iir.com/nygc/.  The National Youth Gang Center is a consortium of federal agencies, law enforcement, and community groups established to combat the proliferation of gangs in cities and suburbs.

Eighteen B - Punk Prisons.  During the 1980s and 1990s,  violent crime committed by youth has risen significantly.  FBI Uniform Crime Statistics demonstrate that youth crime, particularly those in which a firearm was used, are among the most problematic.  Many youths are being tried and sentenced as adults, leading to the need for additional prison and jail beds.  Therefore, much of the demand for the growth in prison beds is directly attributable to youth crime.

Prison administrators face issues more difficult than a simple shortage of beds.  Prisons now house inmates ranging in age from about 14 to elderly individuals.  While it is a recognized practice to separate inmates by security level and age, the very young prisoner is a particularly difficult administrative and programmatic issue.  One solution is the advent of the Punk Prison.  Very young offenders are assigned to these specialized reformatories designed for youth 17 and under.   Intensive programming is implemented to help the young offender recognized his/her problems and develop solutions to those problems.  While punk prisons are relatively new, it is expected that, if nothing else, they will separate young offenders from older hardened criminals.

Questions:

1. Do you think punk prisons can provide better correctional treatment for youth?  Explain your answer.
2. Are punk prisons sound correctional tools or simply another get tough on crime fad?  Explain your answer.

Web Resources:

Juvenile Crime In Michigan: http://www.ssc.msu.edu/~ippsr/soss/97-24bas.htm.   This study, by Professor Merry Morash and Mary Stoetzer of the Michigan State University School of Criminal Justice examines public attitudes on crime in Michigan.   Punk Prisons and youth crime are discussed among many subjects.

Teens in Gangs: http://www.msu.edu/user/mgrp/taylor/.   Professor Carl Taylor of the Michigan State University College of Human Ecology takes a critical look at punk prisons.  Taylor heads the Michigan State Senate's task force on youth gang violence.