Fall Semester 2004
Introduction
As described in the course syllabus, all students will be writing a research paper for this course. You are to select one of the several topics I have identified below. Read the entire list through and identify the subjects in which you are most interested. You will need to follow a systematic process in defining and narrowing your focus, gathering and digesting literature on the subject, developing your thesis statement, preparing an outline, and writing your draft and final paper.* I recommend you think about the topics below, find one that interests you, and then begin asking (and answering) "discovery" questions about the topic -- the basic "five Ws" questions (who, what, when, where, and why) that journalists often use to write an article.
After you have engaged in some critical reading and evaluation of literature about your topic, you should be prepared to develop what's known as your controlling question on the topic. For example, if you were writing about Community Policing (which is not one of the approved topics), your controlling question might be "Why has community policing become so popular in today's society?" or "What are the major impediments to the introduction of community policing in major urban areas?" or "What effect has community policing had on crime rates in cities where it has been adopted?" A one-sentence answer to your controlling question becomes your thesis sentence. For the community policing question above, a tentative thesis sentence could be "The major impediments to implementation of community policing are resistance to change by veteran officers and a reluctance by police to get actively involved with community agencies." As you can see, a thesis sentence makes an assertion and can be shown to be either true or false. Statements such as "Community policing should be adopted by major cities" and "What is community policing?" are not assertions and, therefore, not thesis sentences.
The thesis sentence that you write to guide your research will probably change, and hopefully be sharpened, as you do your reading and note-taking. The thesis sentence serves to guide your research, outlining, writing and, eventually, will inform your reader (namely your T.A. and me!) the purpose of your paper. As your research proceeds, using the community policing topic as an example once again, your thesis sentence expands into a thesis statement which consists of a first short sentence of your basic thesis idea, followed by additional sentences that give the major support for the thesis. An example would be: "Community policing faces a number of barriers to successful introduction into local communities. The major problem exists within police organizations where experienced police officers resist changing their established routines, that includes getting out of their cars and back to walking beats. Police also are adverse to attending local neighborhood crime group meetings where they may be challenged by citizens for not making their communities safer. Many police also believe they were hired to fight crime and arrest offenders and that community policing attempts to change them into social workers."
Your outline should consist primarily of sections corresponding to the three or four sentences described above that give the major support for your thesis. I prefer you write in complete sentences in your outline so that the TAs and I understand completely what you will be including under the major section headings. The bibliography should be prepared using one of the accepted bibliographic styles and should principally be composed of books, articles, and technical reports you have located on the topic. Popular magazine articles (Time, Newsweek) are not acceptable, but legitimate newspaper articles from reputable sources like the New York Times and the Christian Science Monitor are. Your bibliography should contain a minimum of seven good sources.
On the main course syllabus I recommended that each of you obtain a style manual to assist in preparing your citations and bibliographies. Now, with more sources available on the Internet, students need to learn how to cite those particular sources, too.
You need to submit your controlling question, tentative thesis statement, outline, and bibliography at your discussion section during the week of October 4. The thesis statement will also serve as the introductory paragraph in your research paper. If you have additional questions about writing a thesis statement please contact either your teaching assistant or me.
*The approach I am recommending is discussed in much greater detail in A
Practical Guide to Research Papers by James P. Farrelly and Lorraine M.
Murphy, New York: Harcourt, Brace, Jovanovich, 1988.
Potential Research Topics
False Confessions
The Chicago Tribune ran a four-part series in 2001 on the use and misuse of confessions in Cook County criminal courts. Journalists found over 200 cases in the past ten years in which police coerced statements from suspects that were later thrown out by the courts or resulted in an acquittal. Police were reported to have obtained confessions from suspects who were in jail when the crime occurred, in cases later refuted by DNA evidence, and in other cases where the confession contradicted other evidence in the case. Perhaps the most notable case of this sort was the Lori Roscetti rape and murder case where the four men convicted of the crime years ago (based largely on confessions) were released from prison when DNA evidence showed they could have committed the crime. A recent study at the University of Michigan reviewed 328 exonerations of convicted persons over 15 years suggests that many thousands of innocent persons are incarcerated. While most of these exonerations were for murder and rape, the authors believe many additional innocent persons were falsely convicted but did not benefit from the intense scrutiny more serious cases received or the use of DNA evidence commonly not collected in these cases. Police are required to give suspects their Miranda rights and not to use force or threat of force to obtain a confession. What do we know about how these warnings are or are not delivered by police investigators? Do they prevent innocent defendants from falsely implicating themselves? Is there a better way to insure that defendants' 5th Amendment rights are not violated when brought under suspicion? What does the research literature say about such practices and what policies would be most effective in curbing police abuses?
Constitutionality of Shaming as a Punishment
The Ninth U.S. Circuit of Appeals recently upheld the constitutionality of a sentence given a man convicted of mail theft requiring him to stand in front of the San Francisco post office wearing a signboard reading “I stole mail. This is my punishment.” The sentencing judge said the defendant needs to understand the “disapproval that society has for this kind of conduct.” The appeals court ruled the sentence was reasonably related to rehabilitation, deterrence, and public protection and did not violate the defendant’s constitutional rights (cruel and unusual punishment). While the court rejected other forms of “shaming” as punishment, it reasoned this sanction allowed the defendant to remain free and seek a job, and that judges had the discretion to impose such sentences. The defendant had argued wearing the sign in public was simply “humiliation as an end in itself.” Most courts have used elements of shaming to punish drunk drivers (e.g., requiring them to display “Convicted DUI” license plates on their cars), corrupt police officers, domestic abusers, and thieves. Other editorialists have argued that corporate officials convicted of fraud and embezzlement (such as Enron) should be required to walk the streets wearing a sign reading, “I cheated my shareholders, employees, and retirees.” Such shaming might give the victims who lost their jobs or retirements a better sense of “justice” than seeing the defendant spend a few years in prison. Fear of such public humiliation may also serve as a more effective deterrent to would-be white collar criminals than the threat of fines or imprisonment. Philosophers warn, however, that shaming may be destructive to society at large, by encouraging penalties that disgrace and stigmatize offenders and that are contrary to long-held principles that protect every person’s (even criminal’s) human dignity. What do you think? Is society entering a dangerous area when it seeks to humiliate and shame those who break the law? Might shame, however, serve as a powerful force that constitutes a strong deterrent and promotes rehabilitation?
Death Sentence Errors
Before he left office two year ago, Governor George Ryan commuted the death sentences of 164 inmates held in Illinois prisons. Ryan had declared a moratorium on the death penalty three years earlier after 13 prisoners were exonerated due to new DNA tests and other information showing the original evidence to be unreliable. Of the 285 death penalty cases in Illinois since capital punishment was restored 23 years ago, half have been reversed on appeal for new trial or sentencing for a variety of reasons: incompetent defense counsel, prosecutor misconduct, flawed trials, and the introduction of DNA evidence that exonerated the defendant. A Columbia University Law School professor has found that as jurisdictions use the death penalty more, the more often the cases are reversed. The most mistakes in death sentencing occur in those areas that have the most aggressive death penalty policies. This same professor found that over a twenty year period between 1975 and 1995, more than two-thirds of death sentences were reversed by appellate courts because of serious errors. Governor Ryan appointed a special Commission on Capital Punishment in Illinois which delivered its report in April 2002. Among the key recommendations were videotaping all police interrogations, restricting the use of eyewitness identifications, and better training for trial attorneys. They also recommended that a state's attorney's decision to seek the death penalty in a case be reviewed by a state-wide commission. The majority of the Ryan Commission members also recommended abolishing the death penalty. What are the pros and cons of such a change?
Intimate Violence
There are about 2,000 murders committed each year by persons who had an intimate relationship to their victim. Almost three-quarters of these murder victims were women. The good news is that the number of intimate homicides is about 40% lower today than it was 20 years ago. Still, there are almost 1 million violent crimes committed against women every year. While violence by intimates accounts for over 20% of violent crimes experienced by women, they account for only about 3% of the violence sustained by males. A study in New York City found women were most often killed in private homes, usually their own. Unlike men, who are usually killed by guns, women are typically punched, stabbed, burned, and even thrown out windows. Some say on-the-street police strength can do little to prevent such crimes. Do you agree and what other types of programs have proven effective in reducing violence against women?
Incarcerating the Mentally Ill
A recent study by the Bureau of Justice Statistics estimated that almost 300,000 of the 2 million inmates in jails and prisons in the United States were mentally ill. The study also found that more than one half million persons released on probation suffered from mental illness. In addition, the mentally ill were more likely to have committed a violent offense. There are many possible reasons for this situation, including: the police find it easier to apprehend mentally ill violent offenders, the courts convict defendants who are mentally ill at a higher rate, and that judges are more inclined to sentence mentally ill violent offenders than other violent offenders. What should society do with the mentally ill who become involved in violent behavior? The dilemma is the choice between protecting society, yet respecting the rights of the individual. Are jails and prisons the proper place for holding such violent offenders?
Foolproof Death Penalty
A special panel appointed by Governor Mitt Romney of Massachusetts has issued recommendations for reinstating the death penalty for the most heinous violent crimes. It requires jurors to have “no doubt” of the accused’s guilt – a standard higher than the customary “beyond reasonable doubt” -- in order to sentence a defendant to death. Massachusetts discontinued its death penalty in 1984 and is only one of about a dozen states that doesn’t practice executions. Clearly, the proposed law attacks the question of the fallibility of the death penalty by requiring the jury to find “conclusive scientific evidence” and to reach a “high degree of scientific certainty” in linking the defendant to the crime scene, victim, or murder weapon and also finding corroborating guilt before a death sentence can be imposed. The report also recommends the jury be warned of the inherent unreliability of such human evidence as eyewitness testimony and statement made by the defendant or informants. The panel describes DNA evidence as the “gold standard” but also identifies fingerprints, footwear impressions, and firearms evidence as scientifically reliable. There are critics who take exception to the reliability of many forms of scientific evidence (other than DNA) and note that recent efforts by groups such as the Innocence Project found bad or tainted science as a primary cause of wrongfully convicted persons. Does the Romney panel proposal make good sense to you? Is scientific evidence that much more reliable than other forms of evidence? Would the requirement of having scientific evidence in all death penalty convictions insure that no innocent person would be executed and make it “as infallible as humanly possible”?
Research Indicates Early Intervention Reduces Crime
A 12 year study has found that programs that encourage young children's (grades 1-6) involvement and interest in school and how to interact socially, commit substantially fewer crimes than those who did not receive such training. Youngsters were also found to engage in less heavy drinking and less likely to have caused a pregnancy or to have become pregnant. The costs of such programs were substantially less than typical expenditures for arresting, adjudicating and punishing such individuals. If such research is accurate, why does our society continue to hire more police and build more prisons rather than choosing the less costly preventive methods to teaching children how to succeed in school? What are the important societal forces that determine such public policy and the strategy taken to control crime?
Taping of Confessions on the Rise
Begun by defense lawyers to curb abusive police practices, a recent study by Northwestern University of over 200 law enforcement agencies found that audio and video recordings save time and money, prove to be valuable evidence, and also were useful in resolving disputes as to whether confessions are voluntary and if police used abusive practices. The study showed, however, the taping of interrogations is practiced in only a small minority of states. Illinois has passed legislation that will take effect in the near future. Some prosecutors do not support the use of taping because they believe jurors might be shocked to see how police actually (and lawfully) obtain information from suspects. Others complain about the costs, but the study showed that equipment and operating costs may be as little as $5,000 for a medium sized police department. If you were the chief judge of the criminal courts in a community, would you want the police to tape confessions? What are the costs and benefits and does it serve the interests of justice?
Gun Control
There is probably no topic today that is being debated more in our communities and legislatures than control of firearms. There are an estimated 200 million guns in private hands in the United States. More than half of homicides are committed with firearms, and the number of suicides by firearms annually exceeds 18,000. In the past several years we have witnessed the shootings of preschoolers, students, and racial and ethnic minorities by hateful persons using powerful weaponry. Nonetheless, the National Rifle Association and many citizens assert the Second Amendment guarantees them the right to bear arms. Many are calling for tougher legislation that would tighten background checks of persons purchasing guns, and limit access to weapons of persons with criminal histories and mental illness. A study released by the Bureau of Alcohol, Tobacco and Firearms found that a relatively few corrupt gun dealers were responsible for selling the majority of guns involved in crimes that could be traced to their initial sale. Conservatives state, however, that such regulation would do little to keep guns out of the hands of criminals. Other communities like Chicago have brought suit against gun manufacturers and dealers, claiming that firearms are an inherently dangerous and defective product. Assess the cost effectiveness of any government policy that attempts to regulate firearms.
Should Jails and Prisons be Abolished?
The American system of criminal justice is punitive. Beginning in the 1970s our system used prisons more and more. With more than 2 million persons incarcerated, the U.S. has the highest incarceration rate of any county in the world. As rates of crime have steadily fallen over the past two decades, there are more Americans who label prisons as immoral and call for their abolition. These persons believe incarceration rates were not responsible for the drop in the crime rate, because just as many states without tough sentencing laws experienced the reduction in crime as the states that did. Others believe it is the retributive nature of our prisons (prisoners deserve to suffer) that is of paramount concern. Finland is a county with one of the lowest incarceration rates (50 per 100,000 population compared to the U.S.’s 600+/100,000) in the world, yet also has one of the lowest crime rates. The Fins believe that the loss of freedom is the rightful focus of criminal sanctions, but that prisons should be “as nice as possible”. Can you make a convincing argument that prisons should be radically modified or even abolished?
Drug Offenders - Punishment or Treatment?
Studies show that prison populations have tripled over the past ten years to where now more than 2.1 million Americans are incarcerated. Despite what the media says about putting more violent offenders in prison, it is drug offenders who account for the greatest increase in prison populations. But is putting drug offenders in prison more cost-effective than spending an equivalent amount on treatment programs? The costs of treating a drug offender on an out-patient basis is only a fraction of what it costs to incarcerate the same individual. The nation’s largest experiment in drug rehabilitation has begun in California with passage of Proposition 36 (fall 2000) that requires treatment instead of jail or prison for nonviolent offenders convicted of drug use or possession for the first or second time. According to UCLA’s first annual study on Proposition 36, released in July 2003, it is affecting more people than projected, and saving more money than was predicted. Experts from the Drug Policy Alliance and the Campaign for New Drug Policies estimate that, because of the high cost of incarceration in comparison to the low cost of treatment, California saved at least $275 million in taxpayer money during the first year of Prop 36 enforcement. Why haven’t more jurisdictions passed “Prop 36” laws? Is it as effective as proponents say it is?
Getting Tough with Juveniles - But Are All Kids Treated the Same?
Many states in the U.S. are implementing laws and programs to get tougher with juveniles. Trying juveniles as adults, giving harsher penalties, setting curfews, and opening up the juvenile courts to public scrutiny are examples of this trend. However, a recent national report found that minority youths were much more likely to be arrested, detained in jail, sent to trial, convicted, and given longer prison terms than whites. For first time juvenile offenders, blacks are six times as likely to be sentenced by juvenile courts to prison as white youth. For juveniles charged with violent crimes, black youths are nine times more likely to be sent to prison, and for youths charged with drug offenses, black juveniles are almost fifty times more likely to receive a prison term than white defendants. Is there any evidence that harsher sanctions are more effective? What do you propose can be done to reduce the disparities and/or discrimination that minority youths face in the nation's juvenile justice system? You can find this and other studies about juvenile justice at the OJJDP juvenile justice website.
Biological (Heritable) Causes of Criminal and Violent Behavior
Some studies have shown a relationship between what children eat and how they behave. Deficiencies in iron and thiamin have been shown to be correlated with aggressive and irritable behavior. Studies have also linked low brain levels of the neurotransmitter serotonin with behavior disorders, including aggression. The New York Times published an article in August 2002 detailing the many crimes committed by 28 members of one extended family ("Rooster" Bogle) in the state of Oregon and how crime often runs in families. The Bureau of Justice Statistics reports that almost 50% of state prison inmates have a parent or other close relative who has also been incarcerated. Other researchers have found a high rate of severe head trauma among persons who have been convicted and sentenced to death row. One researcher attributes this condition to damage to the frontal lobes of the brain (which control impulsivity and aggression) and violent child abuse. Notwithstanding the above research, biological explanations for criminality carry comparatively little weight in mainstream academic criminology circles. Your task for this research area is to assess these more unconventional biological studies and assess their reliability when compared with the more commonly accepted social and psychological ones.
Police Racial Profiling
The practice of profiling - using race and ethnicity to assess suspects and situations - is under heavy criticism as a result of recent cases throughout the nation where persons of color are stopped, detained, and arrested because they fit a racial "profile". Since 9/11/01, police have also been charged with stopping and detaining young men of apparent Middle Eastern origin in efforts to combat and prevent terrorist acts. A recent article in the New York Times reported that 56/57 persons detained as material witnesses in a terrorism investigation since 9-11 are Muslim. While the police claim they are justified in using such criteria given the World Trade Center tragedy and the overrepresentation of African Americans and Hispanics among those charged with such crimes, critics state such practices are unlawful and subject minorities to needless inconvenience and humiliation. Former President Clinton condemned racial profiling by the police and directed federal law enforcement agencies to begin collecting data on the race of people they stop, question, and arrest. Many cities and states have passed similar legislation. President Bush issued federal guidelines recently that barred racial profiling, except in investigations involving terrorism and national security matters. Profiling may also become a self fulfilling prophecy where minorities are stopped and searched more because of higher rates of criminality which then leads to even more arrests, more convictions, and more incarcerations. In one study, black motorists had a 50% greater likelihood of being found with contraband, but were also searched 400% more often than whites. Are the police ever justified in employing such practices? Is there any way to keep them from doing so? Are there other indicators that police should use in making street decisions?
Prisons Don't Prevent Repeat Crime
A study has found that the rate at which inmates released from prison commit new crimes increased from the mid-1980s to the mid-1990s. Two-thirds of offenders released from prison in 1994 committed new crime(s) within three years; the rate is 5% higher than the rate of re-offending of inmates released in 1983. The best predictor for estimating the odds an inmate would commit a new crime when released was the number of times they had been previously arrested. Prisoners with just one prior arrest had a 40% recidivism rate while those with more than 15 arrests had a 80% recidivism rate. At least one criminologist has indicated she thinks the reason for this is that states trying to get tough on criminals cut back on rehabilitation programs like drug treatment and vocational training. Others point out that the study also demonstrates our failure to prepare prisoners for reentry into their home communties, a problem expected to reach crisis levels in the next few years as more and more prisoners are released. Are these reasons enough to drastically modify our punishment driven prison system?
Cost of Fighting Crime Increases Steadily
A study by the Bureau of Justice Statistics has determined that the cost of police, courts, and corrections in the United States has risen to a record $167 billion a year. In 1982, the cost was about $36. Over two million persons work in the criminal justice system nationwide with about half of them employed by police agencies. Whereas the number of arrests and courts cases has only increased by about 10 percent in the last twenty years, the greatest increase has occurred in the area of corrections where jail and prison inmate population has tripled, and spending has increased six-fold. This reflects the growing punitive nature of our justice system. About 8% of total government expenditures at the state and local level are devoted to criminal justice, about the same amount as is spent on health care. What is the relationship between spending and crime rates? It has been shown that the states that spend the most on crime control actually have the highest crime rates. California and the District of Columbia are two jurisdictions that spend the most (per capita) but also have the highest crime rates. In today's fiscal climate, with states hard pressed to find the funds to support programs, what is likely to happen if spending is reduced on the police and prisons? If the above relationship holds, shouldn't reduced spending lead to lower crime rates?
May Mentally Ill Defendants be Forcibly Medicated?
The U.S. Supreme Court recently addressed the question if mentally ill defendants may be medicated against their will to make them competent to stand trial (Sell v. U.S., No.02-5664). Our system of justice requires a showing that a defendant was not only sane when he allegedly committed the crime, but that he is mentally competent at trial, and when he is sentenced and punished. Our society believes a defendant must understand the charges against him and to participate in his own defense. In this case, however, the defendant was delusional, shouted racial slurs, and spat in the face of the judge, and the prosecution argued it was in the best interests of the society to medicate him so he could stand trial. The court ruled, however, the government cannot forcibly medicate a defendant simply to prosecute him. In another case (Singleton v. Norris), an appellate court ruled that a death row inmate can be forcibly medicated in order to be competent to be executed. Psychiatrists and psychologists disagree on this matter, with the American Psychiatric Association submitting a brief in favor of the prosecution, and the American Psychological Association filing a brief on the defendant’s behalf. Should a defendant have the right to refuse such anti-psychotic medication where it medically benefits him, but it opens himself up to criminal prosecution and punishment if he is convicted. Whose rights – the defendant’s or society’s – should prevail?
Police Surveillance of Neighborhoods
The city of Chicago is installing expensive video cameras in high-crime areas around the city to help deter crime and assist the police in apprehending offenders. These cameras are clearly marked and will have flashing blue lights on the top. Superintendent Terry Hilliard states “When criminals are being watched, they alter their behavior drastically,” that he wanted drug dealers and violent offenders to “think twice” before terrorizing “our respected communities.” These cameras will be installed in “hot spots” for gang and drug activity, but the city would not tell the news media where they would actually be located. Beat officers will be able to remotely monitor these cameras and will have a joystick that they can manipulate to turn the camera 360 degrees and see as far a four blocks. Police also envision these cameras catching crimes on videotape and subsequently tracking that person down and having video footage of what ever occurred. For years, highway patrol and other traffic officers have used video cameras on their police vehicles to tape a record of every traffic stop. Video cameras are also being positioned at city intersections and freeway toll booths to remotely record traffic violators. Private businesses employ such video surveillance devices extensively. But, what about the use of such technology in public areas and neighborhoods? Do such cameras constitute an unreasonable invasion of our privacy and are they likely to result in abuse by the government and the police?
Inmate Reentry
More than 1.2 million persons are incarcerated in our state prisons – and an additional .9 million more in our jails and federal prisons. What the public doesn’t realize is that almost 40% of these persons will be released over the next twelve months and over 70% within five years or less. Over 95% of all prisoners will eventually be released. Nationwide, more than 600,000 state and federal prisoners are released every year. Studies have also shown that about 2/3’s of prisoners who are released will be rearrested within three years – many within the first six months. As we have made conditions within our prisons harsher and harsher over the recent past, we sometimes forget the eventual result. If we give up on trying to rehabilitate offenders, what can we expect when these persons reenter our communities. We know that offenders most often leave prison with few marketable skills, an inferior education, and with severe emotional problems. Employers are seldom willing to hire them. The Urban Institute and many other public and private agencies are attempting to determine what local communities can do about this problem. What are the critical factors and what can communities realistically do to avert a devastating scenario in our urban areas within the next decade?
Comstat Transforms American Policing
The Comstat management program was instituted by Commissioner William Bratton of the New York City Police Department in 1994 and has been credited with being the primary reason that crime in New York has dropped precipitously in the past decade. Comstat tracked crime statistics closely, updating and mapping them weekly, and allowed resources to be allocated strategically. Commanders of precincts were grilled by their supervisors and those not demonstrating a command of the area’s problems were held accountable, and often demoted and/or replaced. The Comstat model, the so-called gospel of New York City policing, with its specialized units, statistics driven deployment, and hands on management, has spread throughout the country. Its critics say that model has received too much credit for lowering the crime rate and has resulted in other problems, including racial profiling, over aggressive street/tactical units that have abused minority communities and lowered morale within the agencies. Undertake additional research on the Comstat model and take a position as to whether this model of policing has been positive or negative.