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INTRODUCTION TOLAW, CITIZENSHIP, AND JUSTICE

David Karp Beau Breslin Fall 2002
Office: TLC 229 Office: Ladd 319 1:25-2:20PM
580-5426 580-5244 MW TLC 301
dkarp@skidmore.edu bbreslin@skidmore.edu F TLC 301 (Breslin)
Office Hours: MWF 10:00-11:00AM Office Hours:MW 2:30-3:45PM F TLC 202 (Karp)

"America is especially well endowed with social resources, but we have tended to take that social wealth for granted, consuming our inherited capital at a faster rate than we are replenishing it. Like an athlete who develops the muscles in his upper body but lets his legs grow weak, we have nurtured our strong rights tradition while neglecting the social foundation upon which that tradition rests. Communi-tarianism can be understood as democracy's environmentalist movement, helping to heighten awareness of the political importance and endangered conditions of the seedbeds of civic virtue." Mary Ann Glendon, 1994

In this course, we will ask what makes a "just society"? Central to this question is the problem of freedom and order—how do we reconcile our twin desires to promote both individual freedom and common good. Does too much freedom lead to social chaos? Does too much order lead to repression and conformity? What is the right balance? In this course, we will examine the role of law in balancing freedom and order. We will ex-plore the intersection of law, justice, and good citizenship.
By the end of the course, we hope you can provide informed answers to these ques-tions: Should individuals sacrifice their own interest in service of the collective good? Should they be required by law to do so? To what extent does our contemporary liberal democracy depend on the socially responsible action of its members? What does it mean to do community service and to engage in service-learning? What does citizenship mean? Is it a right-wing term referring to the sacrifice of the self to God and Country? Or is it a left-wing term reflecting a call for citizens to pay attention to the needs of the poor and disadvantaged? Neither? Both?
Some of the course readings articulate relevant social theories drawn from sociology, psychology, political science, and legal theory, while others provide direct accounts of those engaged in community service. The hidden agenda, of course, in the grand tradition of liberal studies, is to challenge you to develop your own philosophy of law, citizenship, and justice. To make the readings and class discussions concrete, students will participate in one of two service-learning projects and use these opportunities to reflect on their role in the larger society. In one project, you will assist a defense attorney and Skidmore alumnus in a death penalty appeal. In a second project, you will participate in Skidmore's Integrity Board and evaluates its effectiveness as a campus judicial system.

Books

Ø Hugo Adam Bedau, editor. 1997. The Death Penalty in America
Ø David R. Karp, editor. 1998. Community Justice: An Emerging Field
Ø Philip Selznick. 2002. The Communitarian Persuasion

Class Participation

Students will be expected to do all the reading prior to the scheduled class, as well as ac-tively participate in all class discussions. Class participation is worth 25% of the final grade. This score is based on attendance and active participation in the discussion.

How to Read

Assigned readings will be the foundation of our class discussion. Not only should you carefully read the material before class, but you should review it immediately before class begins. Not only should you look at the reading with your eyes, but you should feel the reading with a highlighter or pen. At any given time, we might ask the following of you (and expect an answer!):
Ø What is the central theme or argument of the reading?
Ø What are the authors key points? How is his or her argument supported?
Ø Do you have any questions of clarification (parts of the reading that were unclear to you)?
Ø What questions does the reading evoke in you (what else would you want to know about the subject matter)?
Ø What do think of the reading? Is it well-argued, poorly substantiated, right, wrong, liberal, conservative, relevant, trivial, inspiring, depressing, or what? Why?

Exams

This course will have a midterm and a cumulative final exam. Both will be closed-book, essay exams and bluebooks will be provided. Each exam is worth 25% of the final grade. Unless there is a dire emergency, neither exam will be individually rescheduled.

Friday Forum Service-Learning Projects and Term Paper
Students will choose between two service-learning projects, which are described below. A final paper related to the projects will be due on the last day of classes. Students will also develop a presentation on their project to be given to the whole class. Specific in-structions for the projects and the completion of the paper will be provided in class. The project and project paper together are worth 25% of the final grade.

Integrity Board Project

Law, citizenship, and justice intersect right here at Skidmore each time the Integrity Board has a hearing. Students, faculty, and staff volunteer to serve on this board—that is the citizenship part. Students who appear before the board are charged with violating the criminal law or the Skidmore Honor Code or both—that is the law part. And the board decides whether the student is in violation or not, and what the sanction should be—that is the justice part.

Students who participate in the Integrity Board Project will join the board as a form of service-learning. They will learn about how the board operates, hear real cases, and meet weekly with board members to discuss the philosophy and practice of the board. The ob-ject of our inquiry will be to evaluate the effectiveness of the board and propose recom-mendations for its improvement. We hope that these students will continue to serve on the board next year and guide the implementation of the proposed changes.

Death Penalty Project
The concepts of law, citizenship, and justice also pervade institutions outside the walls of the academy. One of the primary areas where all three intersect is, of course, the criminal justice system. Law is made by the courts every single day and in every single commu-nity in America, but the achievement of justice within the system is often quite elusive. Public officials and citizens alike are expected to remain impartial so as to maximize the possibility of a just outcome, and yet human nature suggests that it is quite difficult for us to remain objective when faced with ideas and actions that violate our most basic convic-tions.

Students who participate in the Death Penalty Project will tackle these weighty issues in a very pragmatic way. You will work closely with John Howley ('80), a New York attor-ney, on the appeal of a capital murder conviction in Alabama. The expectation is that you will engage in policy-oriented research with the aim of providing counsel with informa-tion that may (or may not) aid in the case.

First Week: Introduction
(Wednesday 9/4) Introduction to Course

(Friday) See separate schedules below for Integrity Board and Death Penalty Friday Fo-rum readings and topics.

Week 2: Rights and Responsibilities
(Monday 9/9) Freedom vs. Order
Read: Edney, Julian J. 1983. "The Commons Dilemma: A Cautionary Tale." Pp. 89-94 in Small Groups and Social Interaction, vol. 2, edited by H. Blum-berg, A. Hare, V. Kent, and M. Davis. New York: Wiley.

(Wednesday) Liberty and Rights
Read: John Stuart Mill, On Liberty (selections)
David Boaz. 1997. Libertarianism: A Primer (selections)

Week 3: Rights and Responsibilities
(Monday 9/16) No Class: Yom Kippur

(Wednesday) Rights and Individualism
Read: Mary Ann Glendon. 1991. Rights Talk (selections)

Week 4: Rights in Practice
(Monday 9/23) Rights in Conflict
Read: Connor, Roger L. 1996. "A Gangsta's Rights." The Responsive Community 6:55-59.
Conner, Roger L. 1993. "Finding a Place for Community in the First Amendment." The Responsive Community 3: 57-64.
Yarosh, Steven. 1994. "A Place for Safe Housing in the Fourth Amend-ment." The Responsive Community. 4: 76-89.

(Wednesday) Video: "The Self-Made Society" (HM1276.I6 1996)

Week 5: Voluntarism—Fulfilling Responsibilities
(Monday 9/30) Social Motivation
Read: Batson, Daniel C. 1994. "Why Act for the Public Good? Four Answers." Personality and Social Psychology Bulletin 20:603-610.

(Wednesday) Service Learning
Read: Barber, Benjamin R. 1991. "A Mandate for Liberty: Requiring Education-Based Community Service." The Responsive Community 1: 237-45.

Week 6: Community Justice
(Monday 10/7) Community Justice Movement
Read: Clear, Todd R. and David R. Karp. "The Community Justice Movement." In Community Justice.

(Wednesday) Citizen Action
Read: Goldsmith-Hirsch, Suzanne. "The Takoma Orange Hats: Fighting Crime and Building Community in Washington, D.C." In Community Justice.

Week 7: Community Policing
(Monday 10/14) Community Policing and Citizen Participation
Read: Grinc, Randolph M. "'Angels in Marble:' Problems in Stimulating Com-munity Involvement in Community Policing." In Community Justice.

(Wednesday) Crossing The Thin Blue Line: Police as Agents of Social Control
Read: Rosenbaum, Dennis P. "Civil Liberties and Aggressive Enforcement: Bal-ancing the Rights of Individuals and Society in the Drug War." In Commu-nity Justice.

Week 8: Policing and Social Order
(Monday 10/21) Police Discretion and Police Powers
Read: Kelling, George L. and Catherine M. Coles. "Disorder and the Court." In Community Justice.

(Wednesday) Midterm

Week 9: Restorative Justice
(Monday 10/28) Restorative Justice and Victims
Read: Van Ness, Daniel and Karen Heetderks Strong. 1997. Chapters One and Three in Restoring Justice. Cincinnati, OH: Anderson.

(Wednesday) Restorative Justice and Offenders
Read: Braithwaite, John and Stephen Mugford. "Conditions of Successful Reinte-gration Ceremonies." In Community Justice.

Week 10: Restorative Justice
(Monday 11/5) Restorative Justice and Community
Read: Bazemore, Gordon. "The 'Community' in Community Justice: Issues, Themes, and Questions for the New Neighborhood Sanctioning Models." In Community Justice.

(Wednesday) Student Presentation on Integrity Board Project
Read: Karp, David R., Beau Breslin, and Pat Oles. "Restorative Community Jus-tice in the Campus Setting"

Week 11: Death Penalty
(Monday 11/12) Introduction to the Debate
Read: Breslin, Beau, and David R. Karp. "Debating Death: Critical Issues in Capital Punishment"

(Wednesday) The Constitutionality of Capital Punishment
Read: Furman v. Georgia (1972), Gregg v. Georgia (1976)

Week 12: Death Penalty
(Monday 11/19) Controversy over Race and Class
Read: McCleskey v. Kemp (1987)
Bedau, Hugo Adam. 1997. The Death Penalty in America: Current Con-troversies (chapter 22)

(Wednesday) The Execution
Video: "Dead Man Walking" (selections)

Week 13: Citizenship
(Monday 11/26) Civil Society
Read: Putnam, Robert D. 1995. "Bowling Alone, Revisited." The Responsive Community. 5: 51-67.
Ladd, Everett C. 1999. "Bowling with Tocqueville" The Responsive Com-munity. 9: 11-21.

(Wednesday) Thanksgiving Break

Week 14: Citizenship
(Monday 12/2) Liberals, Conservatives, and Communitarians
Read: Etzioni, Amitai. 1996. "The Elements of a Good Society." Chapter One in The New Golden Rule. New York: Basic Books.

(Wednesday) The Communitarian Perspective
Read: Selznick, Philip. The Communitarian Persuasion. Chapters 1-6

Week 15: Conclusion
(Monday 12/9) The Communitarian Perspective
Read: Selznick, Philip. The Communitarian Persuasion. Chapters 7-11

(Wednesday) Synthesis

(Thursday 12/19) Final Exam 6:00-9:00 PM

Skidmore Integrity Board Friday Forum
Fall 2002 TLC 202 1:25-2:20PM

Week 1 (9/6): Introduction to Skidmore Integrity Board
· Guest: Don Hastings, Dean of Residential Life
· Special 2 hour session with hearing role-play

Week 2 (9/13): Philosophy and Practice of the IB
Read: Karp, David R., Beau Breslin, and Pat Oles. "Restorative Community Jus-tice in the Campus Setting"
Skidmore College Student Handbook, Judicial Section
· Guest: Pat Oles, Dean of Student Affairs

Week 3 (9/20): Five Steps Toward a Successful IB Hearing
Read: O'Connell, Terry, Ben Wachtel, and Ted Wachtel. (1999). Chapters 1 and 4 in Conferencing Handbook: The New Real Justice Training Manual. Pipersville, PA: Piper's Press.
· Guest: Charles DeVries, Restorative Justice Trainer
· Running a smooth meeting

Week 4 (9/27): Using Apology, Restitution and Community Service
Read: Wagner Marsha L.1996. "All I Want Is For Him to Apologize to Me!" The Journal of the California Caucus of College and University Ombudsman http://www.ombuds.uci.edu/JOURNALS/1996/apologies.html
Bazemore, Gordon and Dennis Maloney. 1994. "Rehabilitating Community Service: Toward Restorative Service Sanctions in a Balanced Justice Sys-tem." Federal Probation 58:24-34.
· Guest: Michelle Hubbs, Service Learning Coordinator
· How respondents can make amends

Week 5 (10/4): Suspension vs. Reintegration
Read: Bazemore, Gordon, Mike Dooley, and Laura Nissen. 2000. "Mobilizing Social Support and Building Relationships: Broadening Correctional and Rehabilitative Agendas," Corrections Management Quarterly 4:10-21.
· When to suspend and dismiss
· How respondents can demonstrate responsibility (or not)
· The role of essays and specific restrictions

Week 6 (10/11): Responding to Alcohol and Other Drugs
Read: DeJong. W., C. Vince-Whitman, T. Colthurst, M. Cretella, M. Gilbreath, M. Rosati, and K. Zweig. 1998. Environmental Management: A Compre-hensive Strategy for Reducing Alcohol and Other Drug Use on College Campuses.
http://www.edc.org/hec/pubs/enviro-mgnt.html
· Guest: Shelly Van Slyke, Health Educator
· "The Gardner Curve"

Week 7 (10/18): No Meeting—Study Day

Week 8 (10/25): Rules of Evidence and the Role of Campus Safety
· Guest: Dennis Conway/Larry Britt, Campus Safety
· What to do when campus safety reports and respondent testimony conflict

Week 9 (11/1): Handling Academic Integrity Violations
Read: Kibler, William L.1998. "Addressing Academic Dishonesty and Promoting Academic Integrity." Pp. 161-175 in The Administration of Campus Disci-pline, edited by Brent G. Peterson and William L. Kibler. Asheville, NC: College Administration Publications.
· Guests: Tim Burns, Government Department; Tina Levith, Associate Director of Dean of Studies Office

Week 10 (11/8): Addressing Ongoing Conflict and Psychological Problems
Read: Zdziarski, Eugene L.1998. "Alternative Dispute Resolution: A New Look at Resolving Campus Conflict." in The Administration of Campus Disci-pline, edited by Brent G. Peterson and William L. Kibler. Asheville, NC: College Administration Publications.
· Guest: Judy McCormick, Counseling Center, and Carol Kachidurian, Saratoga Mediation Services
· Mediation and Counseling Centers

Week 11 (11/15): Handling Hate
Read: Wesler, Stephen and Margaret Ross. 2001. "Hate Crimes on Campus: The Problem and Efforts to Confront It" http://www.ncjrs.org/pdffiles1/bja/187249.pdf
· Guest: Pat Trosclair, Director of Intercultural Center

Week 12 (11/22): Case Evaluation
· Re-examine cases from the semester and evaluate how well the board lived up to its goals

Week 13 (11/29): Thanksgiving Break

Week 14 (12/6): Planning for the Future
· Discuss recommendations for changes to the philosophy and practice of IB


Death Penalty Friday Forum
Fall 2002 TLC 301 1:25-2:20PM

Week 1 (9/6): Introduction

Week 2 (9/13): Holly Wood v. State of Alabama
Read: Lezin, Katya. 1999. Finding Life on Death Row: Profiles of Six Inmates
The Story of J.C. Shaw
Holly Wood v. State of Alabama, Petitioner's Brief

Week 3 (9/20): Holly Wood v. State of Alabama
Read: Lezin, Katya. 1999. Finding Life on Death Row: Profiles of Six Inmates
The Story of Judy Haney
Holly Wood v. State of Alabama, Trial Transcript

Week 4 (9/27): Holly Wood v. State of Alabama: The Issue of Mental Retardation
Read: Atkins v. Commonwealth of Virginia 122 S. Ct. 2242 (2002)
Holly Wood v. State of Alabama, Supplemental Brief Addressing the Im-pact of Atkins v. Virginia
Holly Wood v. State of Alabama, State's Reply

Week 5 (10/4): The Contemporary Debate Over Capital Punishment
Read: Bedau, Hugo Adam. The Death Penalty in America (chapters 1-6)

Week 6 (10/11): American Attitudes Toward Capital Punishment
Read: Bedau, Hugo Adam. The Death Penalty in America (chapters 7-8)

Week 7 (10/18): No Meeting—Study Day

Week 8 (10/25): The Question of Deterrence
Read: Bedau, Hugo Adam. The Death Penalty in America (chapters 9-11)

Week 9 (11/1): Is Capital Punishment Constitutional?
Read: Furman v. Georgia 408 U.S. 238 (1972)

Week 10 (11/8): Is Capital Punishment Constitutional?
Read: Gregg v. Georgia 428 U.S. 153 (1976)

Week 11 (11/15): Executing the Innocent
Read: Scheck, Barry, Peter Neufeld, and Jim Dwyer. Actual Innocence: When Justice Goes Wrong and How to Make It Right (selections)

Week 12 (11/22): Clemency
Read: Bedau, Hugo Adam. The Death Penalty in America (chapter 26)
Breslin, Beau and John J.P. Howley "Defending the Politics of Clemency"

Week 13 (11/29): Thanksgiving Break

Week 14 (12/6): Fixing the System
Read: Illinois Commission on Capital Punishment Report

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