SYLLABUS
Northern
Criminal Justice 333
Spring 2003
Discretion and Decision Making
(3 Credit Hours)
WEB
Meeting Dates:
Instructor: Dennis W. Catlin, Ph.D.
Office Phone: (520)
879-7900 –
(520)
523-0384 –
(520) 879-7941 – Fax in
Pager: (520) 410-1701 –
(520)
556-7827 –
Home Phone: (520) 296-9849
E-mail: dennis.catlin@nau.edu
Website: http://jan.ucc.nau.edu/~dwc5/
COURSE OBJECTIVES
All officials in the justice system are entrusted with the power to influence the lives of those who come in contact with the system. They have the power to take away life and liberty. Understanding the exercise of discretion and the process of decision making is important not only for those who seek careers in the justice system but for all citizens. As individuals, we also make decisions every day affecting our own lives. Therefore, a general understanding of decision-making can improve our own personal decision making process. During this course you will:
Explore the literature and research on discretion and decision making in the justice system.
Explore the literature and research on decision making from other academic and professional fields.
Develop an understanding of decision-making models and concepts.
Develop a model of decision-making that has implications for improving decisions in the justice system.
TEXTS/READINGS
The following are required for the course:
·
Gottfredson, Michael
R. and Gottfredson, Don M. Decision Making in Criminal Justice: Toward the Rational Exercise of
Discretion, Second Edition. Plenum Publishing Co.
The textbook can be ordered through MSB Direct. Call 1-800-325-3252. You can order On-Line at http://direct.mbsbooks.com/nau.htm.
·
Additional
STUDENTS WITH DISABILITIES
Students with disabilities
documented by
COURSE REQUIREMENTS, ASSIGNMENTS, AND GRADING SYSTEM:
Grades will be based on your performance on writing assignments and participation in class discussions.
§ Analytical Questions (200 Points)
§ Internet Searches and Site Postings (50 Points)
§
Juror Decision-Making Study Guide Assignment (50
Points)
§ Project Paper (100 Points)
§ Class Participation (50 Points)
§
§ TOTAL POINTS: 450
To receive a grade in this course, all writing
assignments must be handed in. In other
words, if all assignments are not handed in, an “F” will be given for the
course.
Extra Credit: Twelve Angry Men Videotape
Note-taking Assignment
(25 Points).
To get credit for this extra credit assignment you must
turn all other assignments and make the Internet Searches and Site Postings in
ON TIME.
An Incomplete grade will only be given in cases of documented medical emergencies and only if you are receiving a passing grade at the time the incomplete grade is requested.
ATTENDANCE
Since this is a Web based class, there is no attendance in the
traditional sense, however, there is attendance in the
virtual sense. I will keep close track of students’ weekly “attendance” through
your access to reading assignments and participation in discussion groups. Students who do not log into the class by
PARTICIPATION IN
DISCUSSION GROUPS:
Your
participation in all of the discussions is imperative and I will reserve 50
points of the total number of points and assign those points based on my sole
judgment of the quality and frequency of your participation in the discussions.
At a minimum you are expected to respond to every discussion question I
pose in the discussion groups. In
addition, you are expected to react to what other students say in the
discussion groups.
ANALYTICAL QUESTIONS
There will be no traditional examinations in this course. At the end of this syllabus is a list of 4 analytical questions related to the readings and class discussion. Each question has a due date a point value. You will be expected to submit your answers to the question on the date and time indicated in the syllabus. Questions turned in late for any reason will receive a “0”. The total score for the four analytical questions is 200 points
Internet Searches on Decision-Making and the Exercise
of Discretion in the Justice System
During 10 weeks of the semester you are to post the web address of a site you have found on the Internet that discusses the aspect of decision-making and/or the exercise of discretion we are discussing that week. While some of these can be on the general subject of decision-making in any subject area, at least 5 must be directly related to discretion or decision-making in the justice system. At the time you post it, you must write a brief summary describing the content of the site. You must also discuss what you learned about the exercise of discretion or decision-making from the site.
Before you post your web site, you must check the discussion group to make sure no one else has already posted the site. In other words, there can be no duplicate sites so it is first come, first serve in posting sites.
In summary each posting must have the following:
1. Identify the number of the posting (ie: Internet Sites Posting 1, 2, 3, 4 ….10)
2. The complete address of the site so others, including the instructor, can locate it.
3. A brief summary describing the content of the site.
4. A brief summary of what you learned about decision-making or the exercise of discretion from the site.
Each posting is worth 5 points and is due by the date and time indicated in the syllabus. You will receive a “0” for any late postings. However, you must still make all postings or you will receive and “F” for the course.
Juror Decision-Making Study Guide Assignment
I will place on the Course Content page a discussion guide entitled “Psychology of Juror and Jury Decision Making Study Guide and Assignment”. This accompanies the following reading:
|
Pennington,
Nancy. “Practical implications of psychological research on juror and jury
decision-making”. Personality and
Social Psychology Bulletin. Mar. 1990. Vol. 16. No. 1. Pg. 90 |
You are to complete this
study guide and submit it by
This assignment is worth 50 points.
Project
Your assignment will be to develop a descriptive model for improving
decision-making in the justice system.
Some possible areas are:
Police Discretion and Decision-Making
Discretion and Decision Making in the Courts
Discretion and Decision Making by Prosecuting and Defense Attorneys
Discretion and Decision Making in Corrections
On March 12 by 12:00 NOON, you will submit to me an interim report on your progress in developing a descriptive model for improving decision-making in the component of the criminal justice system you have decided to work on. At the end of this syllabus is the format for this interim report.
At the end of this syllabus is a set of Evaluation Criteria for this
project and a Recommend Format for the project paper.
In general it will involve your developing and describing a model for
improving decision making in the component of the system you select.
You are encouraged to be creative and you may want go beyond what might seem practical in today’s world. You do not necessarily have to describe something that is within reach of current resources.
THINK BIG.
You should, however, ground your reasoning and rational in the literature we have read and in the class discussion.
The final project paper is due by
The final project paper will be worth 100 points.
EXTRA CREDIT -Twelve Angry Men Videotape Note-taking Assignment
You can obtain 25 extra
credit points by watching the PBS videotape production of 12 Angry Men. It is
available at most major video chain stores. There is also an older version in
black and white that you can use as well. I will post a videotape note-taking guide and
instructions on the Course Content Page.
If you wish to earn the extra credit you can use the guide to identify
the principles of decision-making demonstrated in the videotape. To get credit for this extra credit assignment
you must turn all other assignments in ON TIME.
You cannot earn extra credit to offset points lost for turning other
assignments in late.
General Instructions for ALL Writing Assignments and
E-Mail Communications
Writing assignments and discussion postings are due on the date and at the time indicated in the schedule below.
Even though there is a tendency to be a little sloppy when writing on the internet (especially e-mail), the rule for all writing assignments is that they are grammatically correct and checked thoroughly for spelling. Further, the organization of writing assignments must follow a logical and coherent pattern. Points will be deducted for misspelling as well as poor grammar, sentence structure, and organization.
Submission of Writing Assignments
The analytical questions, juror decision-making study guide, final project paper, and the Twelve Angry Men Extra Credit Assignment are to be submitted as an attachment to an e-mail submitted to me through the WebCT mail system. You should use either Microsoft Word or Word Perfect as your word processing program. I will acknowledge receipt of the assignment and if you do not received confirmation from me, it is your responsibility to follow-up and make sure I have the assignment.
Grading Scale
405 - 450 Points = A
360 - 404 Points = B
315 - 359 Points = C
270 - 314 Points = D
0 - 269 Points = F
Preliminary Schedule
Topics,
The following is a Preliminary Schedule of Topics,
|
Week |
Tentative Topic |
Text and Electronic
|
Assignments |
|
January 13-19 |
Course Introduction Learning to |
Commonwealth v. Louise Woodward See WebCT Content Page
|
|
|
January 20-26 |
Introduction Decision Making Concepts and Theories: Normative and Descriptive Theories |
Text Chapters 1 and 10 Introduction the Decision Making (WebCT Content Page) |
Internet Posting 1 Due January 24 |
|
January 27- February 2 |
Decision Making Concepts and Theories |
“Decision Making” Criminal Justice Organizations Administration and Management. |
Internet Posting 2 Due January 31 |
|
February 3 – 9 |
Introduction Decision Making Concepts and Theories: Utility Theories and Bounded Rationality |
“Alternative Visions of Rationality” Reason in Human Affairs. Herbert Simon |
Internet Posting 3 Due February 7 |
|
February 10 - 16 |
Ethics and Values In Decision-Making |
Criminal Justice Ethics Values and Policy Biderman, Paul L. “Of Vulcans and Values: Judicial Decision-making and Implications for Judicial Education” |
Internet Posting 4 Due February 14 |
|
February 17 - 23 |
Exercise of Discretion in the Criminal Justice System |
Atkins, |
Analytical Question 1 Due February 23 |
|
February 24 - March 2 |
Decision Making In Criminal Justice: The Victims Decision To Report |
Text Chapter 2 “The Victim’s Decision to Report a Crime”. Kerstetter, Wayne. “Who Decides? A Study of Complainant’s Decisions To Prosecute in Rape Cases” Black, Donald “The Social Organization of Arrest: Citizen Discretion” |
Internet Posting 5 Due February 28 |
|
March 3 - 9 |
The Decision To Arrest |
Text Chapter 3 “The Decision to Arrest”. Mastrofski, S. “Organizational Determinates of Police Discretion: The Case of Drinking and Driving”. Journal of Criminal Justice. Vol. 15. 1987. Bayley, David and Bittner, Egon “Learning the skills of policing” in Policing
perspectives: An anthology. Gains, L. and Cornder,
Gary (Eds.). Lipsky, Michael “Street Level Bureaucrats as Policy Makers” |
Internet Posting 6 Due March 7 Interim Project Reports Due March 9 |
|
March 10 - 14 |
Decisions To Charge |
Text Chapter 5 “The Decision to Charge”. Melilli, Kenneth J.” Prosecutorial Discretion in an
Adversary System”. |
Juror Decision-Making Assignment Due March 14 |
|
March 15 - 23 |
SPRING BREAK |
|
|
|
March 24- March 30 |
Juror Decision Making |
Pennington,
Nancy. “Practical Implications of Psychological Research on Juror and Jury
Decision-Making”. Personality and
Social Psychology Bulletin. Mar. 1990. Vol. 16. No. 1. Pg. 90 |
Analytical Question 2 Due March 30 |
|
March 31 – April 6 |
Juror Decision-Making |
12 Angry Men |
Internet Posting 7 due at April 4 Extra Credit Report Due April 6 |
|
April 7 – 13 WSSA |
Judicial
Decision-Making |
Text Chapter 4 “Pretrial Release Decisions.” Gottfredson, Stephen. “Race, Gender, and Guidelines-Based Decision Making”. Journal of Research in Crime and Delinquency. Feb 1996. Vol.33. No. 1. P. 49. |
Internet Posting 8 Due
April 11 Analytical Question 3 Due April 13 |
|
April 14 - 20 |
Judicial Decision-Making |
Text Chapter 6 “Sentencing Decisions” Lawrence, Jeanette A. “Expertise on the Bench: Modeling Magistrates’ Judicial Decision Making” Reasoning and Thinking. |
Internet Posting 9 Due April 18 |
|
April 21 - 27 |
Decision-Making in Corrections |
Text Chapter 8 “Correctional Decisions in Institutions”. Text Chapter 9 “Parole Decisions”. |
Internet Posting 10
Due at April 25 |
|
April 28- May 4 |
Decision-Making in Corrections |
Maupin, James R. “Risk Classification and the Provision of Juvenile Aftercare”. Crime and Delinquency. Vol. 39. No. 1. Jan. 1993 Pg. 90 – 105 Erez, Edna.” Gender, Rehabilitation, and Probation Decisions”. Criminology. May 1989.Vol. 27. No. 2. P. 307. |
Final Project Due May 4 |
|
Final Exam Week |
|
|
Analytical Question 4 May 7 |
Analytical
Questions
Instructions
Your responses to the following questions must be double-spaced and in 12 point type with 1 inch margins.
They must be submitted as attachments to WebCT e-mail in either Microsoft Word or Word Perfect. They must be submitted on the date and at the time indicated in the syllabus. Responses turned in late will receive a “0”.
Your responses must be well organized and grammatically correct. Your grade will depend on your ability to clearly describe the principles, concepts and ideas as well as you ability to synthesize your response in a coherent manner.
You must cite references to the class readings in your
papers. A standard scholarly citation technique must be used. You can either use the American Psychological
Association or the American Sociological Association citation system.
QUESTION 1.
Compare and contrast the following decision-making
models:
a. The model presented in Chapter 1 of the text.
b. The models presented in the reading “Decision-making” Criminal Justice Organizations Administration and Management.
·
Elements of a Decision
· Bounded Rationality
· The Garbage Can Theory
c. “Alternative Visions of Rationality” Reason in Human Affairs
·
Subjective Expected Utility
·
The Behavioral Alternative (Bounded Rationality)
d. The various concepts of legal reasoning in “Of Vulcans and Values”
To adequately answer this question you must:
q thoroughly describe each theory,
q compare and contrast the theories,
q identify whether they are prescriptive (normative) or descriptive and explain why you took that position,
q discuss the problems with the theories and,
q
discuss their possible
implications for the criminal justice system.
DUE: February 23 By 12:00
QUESTION 2.
Summarize and discuss both the research findings and
the professional reflections in the material you have read on the correlates
and factors relating to decisions by:
a. victims to report crimes
b. police to arrest
c. prosecutors to charge/plea bargain.
In other words, what does the research suggest are the factors that influence the decision making and what has the research found are the factors that correlate with decision- making.
To adequately answer this question you must refer to all of the reading we have covered in class that relate to these areas of decision-making.
DUE: March 30 by 12:00
QUESTION 3.
Based on the material we have read and discussed to
far (Through Text Chapter 4 and “Race, Gender, and Guidelines-Based Decision Making”), describe the nature of discretion in the criminal
justice system. Also discuss the
potential areas of abuse of discretion and what checks, if any, are in place to
curb or limit the abuse of discretion.
Use references to the readings in the text and articles you have
read.
To adequately answer this question you must refer to all of the reading we have covered.
Due April 13, By
QUESTION 4.
Several articles you read
have discussed the need to increase the rationality of decision making through
implementation of guidelines or matrix decision devices. Describe the devices, discuss the use of
these devices, what they are intended to accomplish, the extent to which they
accomplish the goals they are set out to accomplish, the unexpected
consequences of their implementation and how bounded rationality impacts on the
implementation.
DUE: May 7 By
12:00 NOON (50 Points)
Interim
Project Report
Due March 9
by
Briefly answer the following questions. Identify the specific problem or set of problems that you have identified to work on.
1.
How did you identify this problem and what was the source(s) you used
to identify the problem?
2.
How are decisions currently made in relationship
to this problem?
3.
What factors have you identified that impact on the decisions related
to this problem?
5. Do you have a tentative model that you have
developed as which will improve the
decision making in the area you have chosen?
Briefly describe.
Project Evaluation Criteria
Your project will be evaluated based on the extent to which you:
· Clearly stated the problem in the exercise of discretion or decision-making and how the problem was identified.
· Clearly documented the problem using citations from the literature. (In the paper, the documentation of references to literature should use the APA Manual of Style)
· Clearly stated how decisions are currently made in relationship to this problem.
· Identified the factors that currently impact on the decision making process.
· Clearly stated the components of the model and indicated how this model is grounded in the reasoning an rational in the literature.
· Identified other possible solutions and why you decided to take this approach as opposed to another approach
· Clearly identified obstacles to the model and how they are over come.
You will also be evaluated on the:
· Creativity of the model.
· The application of decision making theory
· Organization of the paper.
· Application of ideas and concepts from the readings
Recommended Format for
Project Paper
The following are some guidelines in preparing your paper. Remember the task is to present a model which will improve some aspect of the decision making process in the justice system.
In order to insure that you have covered all of the evaluation criteria, it is recommended that your paper and cover the following points (you might even want to use this as the organization of your paper and presentation).
Your paper must be double-spaced and in 12 point type with 1 inch margins. Your paper must be submitted as attachment to WebCT e-mail in either Microsoft Word or Word Perfect
A. Problem Identification
1. A statement of the problem in the exercise of discretion and how the problem was identified.
2. Document the problem using citations from the literature. (In the paper, the documentation of references to literature should use the APA or ASA Manual of Style)
3. State how decisions are currently made in relationship to this problem.
4. Identify the current situation and why changes need to be made.
5. Identify the factors that currently impact on the decision making process.
B. Model or Problem Solution
1. Stated the components of the model and indicate how this model is grounded in the reasoning and rational in the literature (the paper should contain citations to the literature you have read).
2. Discuss other possible solutions to the problem and why you took this approach.
3. Discuss what obstacles you would expect to encounter and how you might overcome these obstacles.
C. Application of Decision Theory
Discuss how the decision making theories we have discussed is related to your model (i.e. prescriptive decision theory, descriptive decision theory, subjective expected utility, rational decision making, etc.)