http://www.d.umn.edu/~ffriedma/soccrimlawsyl.htm
Professor: Fred Friedman Home: 218-624-1845 |
Business Office: 218-733-1027 1400 Alworth Building Duluth, MN 55802 |
OFFICIAL COURSE DESCRIPTON: Sociology of Criminal Law (3cr. Prereq. Soc
1101,1301 and 2001). The nature, history, goals and problems of the
administration of the American criminal justice process.
INSTRUCTOR'S DESCRIPTION: This course is intended to acquaint you with the
history, sociology and application of American criminal law and criminal
procedure. Class time will be used for a combination of lectures, case study
and class participation.
REQUIRED TEXT: Weinreb, Lloyd L. Leading Constitutional Cases on Criminal Justice. Foundation
Press. New Edition comes out every year.
READINGS: In addition to the text the following readings are required:
1. Quinney, Richard. Crime and Justice in Society. Toward a Sociology
of Criminal Law (30 pages)
2. Gordon, David M. Class and Economics of Crime. (16 pages)
3. Lewis, Anthony. Gideon's Trumpet. (11 pages)
4. Blumberg, Abraham S. The Practice of Law, a Confidence Game.
Organizational Co-Optation of a Profession. (14 pages)
5. Silberman, Charles Criminal Violence-Criminal Justice-Chapters
1,2,5, Random House
REQUIREMENTS AND EXPECTATIONS:
Attendance: Attendance is not required, but it is not possible to pass the
class without attending regularly.
Recitation: All students will be required to orally recite assigned material.
Examinations: Grading policy: grades will be determined by a combination of
the student's performance on the examination(s) and oral recitation. There are
no make-up examinations.
SPECIAL FACILITIES AND/OR ARRANGEMENTS: Individuals who have any disability,
either permanent or temporary, which might affect their ability to perform in
this class, are encouraged to inform the instructor at the start of the
quarter. Adaptations of methods, materials, or testing may be made as required
to provide for equitable participation.
CLASS SCHEDULE
| Week | Topic | Assigned Readings |
| 1 |
Basics of Criminal Law How to Find the Law |
Quinney: Toward a Sociology of Criminal Law |
| 2 | Applicable Sociological Theories of Criminal Law | Rochin vs. California Griswold vs. Connecticut Roe vs. Wade Silberman, Chaps. 1 & 2 Gordon: Class and the Economics of Crime |
| 3 | Arrest and Investigation | Terry v. Ohio Adams v. Williams Hayes v. Florida U.S. v. Dionisio |
| 4 | Search and Seizure (The 4th Amendment) | Payton v. New York Chimel v. California Chambers v. Maroney South Dakota v. Opperman United States v Robinson United States v. Edwards Stoner v. California Bumper v. North Carolina |
| 5 | The Exclusionary Rule | Mapp v. Ohio Wong Sun v.United States U.S. v. Leon |
| 6 | Identification | United States v. Wade Kirby v. Illinois Neil v. Biggers |
| 7 | Self Incrimination (The 5th Amendment) |
Brown v. Mississippi Spano v. New York Massiah v. U.S. Brewer v. Williams Escobedo v. Illinois Miranda v. Arizona Schmerber v. California |
| 8 | Right to Counsel (The 6th Amendment) |
Gideon's Trumpet Powell v. Alabama Betts v. Brady Gideon v. Wainwright Douglas v. California Argersinger v. Hamlin Faaretta v. California |
| 9 | Public & Speedy Trials | U.S. v. Marion Barker v. Wingo Sheppard v. Maxwell Richmond News v Virginia |
| 10 | Plea Bargaining and Sentencing | Blumberg: The Practice as a Confidence Game. Brady v. United States North Carolina v. Alford Solem v. Helm Gregg v. Georgia |
| 11 | Trial | Brady v. Maryland Pointer v. Texas Illinois v. Allen |
| 12 | Juvenile Justice In Re Gault | |
| 13 | Solutions | |
| 14 | Review and Makeup |
SOCIOLOGY OF CRIMINAL LAW LEARNING OBJECTIVES
QUINNEY INTEREST THEORY OF CRIMINAL LAW
DOES CRIME OR FEAR OF CRIME OR BOTH DICTATE PUBLIC POLICY ON CRIMINAL JUSTICE?
AMERICA’S HISTORY OF VIOLENCE
CONCEPT OF JUDICIAL REVIEW
THREE SOURCES OF CRIMINAL LAW
DIFFERENCE BETWEEN CRIMINAL LAW AND CRIMINAL PROCEDURE
ROOTS OF THE BILL OF RIGHTS
DUE PROCESS
EQUAL PROTECTION
HISTORY OF JUDICIAL ACTIVISM
HISTORICAL REALTIONSHIP BETWEEN THE 14 TH AMENDMENT AND THE SPECIFIC RIGHTS GUARANTEED BY THE BILL OF RIGHTS
1 ST AMENDMENT
4 TH AMENDMENT
5 TH AMENDMENT
6 TH AMENDMENT
8 TH AMENDMENT
9 TH AMENDMENT
EXCLUSIONARY RULE
FRUIT OF THE POISONOUS TREE RULE
INEVITABLE DISCOVERY RULE
WHAT RIGHTS DO ADULTS DEFENDANTS HAVE THAT JUVENILES DO NOT?
THE POWER OF THE STATES TO GRANT ADDITIONAL RIGHTS TO IT”S CITIZENS THROUGH STATE CONSTITUTIONS
VARIOUS SENTENCING SCHEMES
ARGUMENTS FOR AND AGAINST THE DEATH PENALTY
NAMES AND PHRASES AND EVENTS TO KNOW IN ADDITION TO ALL CASES AND ARTICLES IN THE SYLLABUS
REVOLUTIONARY WAR
JOHN MARSHALL
FEDERALIST PAPERS
JOHN JAY
JAMES MADISON
ALEXANDER HAMILTON
GEORGE WASHINGTON
THOMAS JEFFERSON
JOHN ADAMS
MARQUIS DE LAFAYETTE
ALEX DE TOCQUEVILLE
JAMES FENIMORE COOPER
HENRY DAVID THOREAU
WALT WHITMAN
DRED SCOTT
CIVIL WAR
RECONSTRUCTION
SEPARATE BUT EQUAL
JIM CROW
WORLD WAR I
DEPRESSION
WORLD WAR II
JAPANESE AMERICAN INTERNMENT
EXPANSION OF DEFENDANT’S RIGHTS
EXPANSION OF RIGHT TO COUNSEL
CIVIL RIGHTS MOVEMENT
SCOTTSBORO BOYS
SCOPES MONKEY TRIAL
OLIVER WENDALL HOLMES JR
LOUIS BRANDEIS
BENJAMIN CARDOZO
WILLIAM DOUGLAS
WILLIAM BRENNAN
HUGO BLACK
EARL WARREN
WARREN BURGER
THURGOOD MARSHALL
WILLIAM REHNQUIST
SANDARA O‘CONNOR
JIM CROW
TYPICAL EXAMINATION QUESTIONS
DISTINGUISH CHIMEL V CALIFORNIA AND CHAMBERS V MARONEY?
DISTINGUISH TERRY V OHIO AND ADAMS V WILLIAMS?
IN WHAT CIRCUMSTANCES MAY THE POLICE SEIZE EVIDENCE WITHOUT A WARRANT?
WHAT DOES THIS QUOTE MEAN TO YOU: “MEN MURDERED THEMSELVES INTO THIS DEMOCRACY”?
WHAT FOUR FACTORS COMPRISE THE BALANCING TEST IN BARKER V WINGO IN EVALUATIONG CLAIMS OF DENIAL OF SPEEDY TRIAL?