SYLLABUS

Northern Arizona University

Criminal Justice 480/333

Spring 2001

Discretion and Decision Making

(3 Credit Hours)

WEB

Meeting Dates: January 16, 2001-May 9, 2001

Instructor: Dennis W. Catlin, Ph.D.

Office Phone: (520) 879-7900 – Tucson

(520) 523-0384 – Flagstaff Campus Number

(520) 879-7941 – Fax in Tucson

Pager: (520) 410-1701 – Tucson

(520) 556-7827 – Flagstaff

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.

PARTICIPATION:

Your participation in all of the discussions is imperative and I will reserve 100 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.

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. New York. 1988.

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.

· Course Pack: Discretion and Decision Making (CJ480).

Obtain the course pack prior January 16, 2001 from the NAU Student Bookstore. Remember, the course pack must be mailed to you so give yourself time to obtain it prior to January 16.

On Campus Number 3-7226

Local Flagstaff Number (520) 523-5505

Long Distance Number (800) 426-7674

COURSE REQUIREMENTS, ASSIGNMENTS, AND GRADING SYSTEM:

Grades will be based on your performance on writing assignments and participation in class discussions.

§ Analytical Questions (100 Points)

§ Internet Searches and Site Postings (50 Points)

§ Juror Decision-Making Study Guide Assignment (50 Points)

§ Project Paper (100 Points)

§ Class Participation (100 Points)

§

§ TOTAL POINTS: 400

Extra Credit: Twelve Angry Men Videotape Note-taking Assignment (25 Points)

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.

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.

Analytical Questions

There will be no traditional examinations in this course. At the end of this syllabus is a list of 5 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 at 11:59PM on the day it is due. Questions turned in late for any reason will receive a “0”. The total score for the four analytical question is 100 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 some aspect of decision-making and/or the exercise of discretion. 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 11:59PM on the date indicated in the Schedule below.

Juror Decision-Making Study Guide Assignment

In the reading packet, there is a discussion guide entitled “Psychology of Juror and Jury Decision Making Study Guide and Assignment” on page 273 of the Course Pack. 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 11:59PM on March 25, 2001.

This assignment is worth 50 points (Disregard the indication on the study guide that it is worth 25 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

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. All papers will be due at 11:59 PM on April 29.

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.

On March 18, 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 report.

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. If you wish to earn the extra credit, you will be given a videotape note-taking guide you can use to identify the principles of decision-making demonstrated in the videotape.

General Instructions for Writing Assignments

Writing assignments are due by 11:59 PM on the date 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

360-400 Points = A

320-359 Points = B

280-319 Points = C

240-279 Points = D

0-239 Points = F

Preliminary Schedule

Topics, Readings, and Assignment Dates

The following is a Preliminary Schedule of Topics, Readings, and Assignment Deadlines. From time to time this schedule may change and I reserve the right to change the schedule and curriculum depending on the course progression. It is your responsibility to remain current on the course schedule, reading assignments, and deadline dates for assignments.

Week	Tentative Topic	Readings	Assignments
January 16 – 21	Course Introduction Learning to Use Web CT E-mail and Discussions	Commonwealth v. Louise Woodward Reading Pg. 5	Internet Posting Due at 11:59 PM January 21
January 22 – 28	Introduction Decision Making Concepts and Theories: Normative and Descriptive Theories	Text Chapters 1 and 10	Internet Posting Due at 11:59 PM January 28
January 28- February 4	Decision Making Concepts and Theories	“Decision Making” Criminal Justice Organizations Administration and Management. Reading Pg. 17	Internet Posting Due at 11:59 PM February 4
February 5 – 11	Introduction Decision Making Concepts and Theories: Utility Theories and Bounded Rationality	“Alternative Visions of Rationality” Reason in Human Affairs. Herbert Simon Reading Pg. 47	Internet Posting Due at 11:59 PM February 11
February 12– 18	Ethics and Values In Decision-Making	Criminal Justice Ethics Values and Policy Reading Pg. 101 “Of Vulcans and Values: Judicial Decision-making and Implications for Judicial Education” Reading Pg. 137	Internet Posting Due at 11:59 PM February 18
February 19-25	Exercise of Discretion in the Criminal Justice System	Atkins, Burton and Pogrebin, Mark. “Discretionary Decision-Making in the Administration of Justice” The Invisible Justice System, 2^nd Edition. Reading Pg. 85	Analytical Question 1 Due 11:59 PM February 23
February 26 – 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” Reading Pg. 163
March 3 – 11	SPRING BREAK
March 12 – 18	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. Reading Pg. 173 Bayley, David and Bittner, Egon “Learning the skills of policing” in Policing perspectives: An anthology. Gains, L. and Cornder, Gary (Eds.). Los Angeles: Roxbury Publishing Reading Pg. 189	Interim Project Reports Due 11: 59 PM March 18 Internet Posting Due at 11:59 PM March 18
March 19-25	Decisions To Charge	Text Chapter 5 “The Decision to Charge”. Melilli, Kenneth J.” Prosecutorial Discretion in an Adversary System”. Brigham Young University Law Review. Vol. 1992. No. 3. p.669 Reading Pg. 209	Juror Decision-Making Study Guide Assignment Due 11:59 PM March 25 Internet Posting Due at 11:59 PM March 25
March 26 – April 1	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 Reading Pg. 275	Analytical Question 2 Due 11:59 PM April 1
April 2 – 8	Juror Decision-Making	12 Angry Men	Extra Credit Report Due 11:59 PM April 8 Internet Posting Due at 11:59 PM April 8
April 9 – 15	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. Reading Pg. 261	Analytical Question 3 Due 11:59 PM April 15 Internet Posting Due at 11:59 PM April 15
April 16 - 22	Judicial Decision-Making	Text Chapter 6 “Sentencing Decisions” Lawrence, Jeanette A. “Expertise on the Bench: Modeling Magistrates’ Judicial Decision Making” Reasoning and Thinking. Reading Pg. 245	Internet Posting Due at 11:59 PM April 22
April 23 - 29	Decision-Making in Corrections	Text Chapter 8 “Correctional Decisions in Institutions”. Text Chapter 9 “Parole Decisions”.	Final Project Due 11:59 PM April 29
April 30 – May 6	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 Reading Pg. 283 Erez, Edna.” Gender, Rehabilitation, and Probation Decisions”. Criminology. May 1989.Vol. 27. No. 2. P. 307. Reading Pg. 299	Analytical Question 4 Due 11:59 PM May 3
Final Exam Week			Analytical Question 5 Due 11:59 PM May 9

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 by 11:59 PM on the due date. 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.

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 11:59 PM (20 points)

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.

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: April 1, 2001 By 11:59 PM (20 points)

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 15, 2001 By 11:59 PM (20 Points)

4. 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. Judges

b. Juries

c. Corrections officers and officials

d. Probation/parole officers and parole board members

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: May 3, 2001 By11:59 PM (20 Points)

5. 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 9, 2001 (20 Points) By 11:59 PM

Interim Project Report

Due March 18, 2001

Briefly answer the following questions. This is to be typed and submitted by 11:59 PM on March 18 . Include your student number at the top of the document you submit

1. Identify the specific problem or set of problems that you have identified to work on.

2. How did you identify this problem and what was the source(s) you used to identify the problem?

3. How are decisions currently made in relationship to this problem?

4. 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.)