"MAY GOD HAVE MERCY ON YOUR SOUL!" CCJ4391 SPECIAL TOPICS IN CRIMINAL JUSTICE: CAPITAL PUNISHMENT SUMMER 2012 COURSE TAUGHT COMPLETELY ONLINE DR JOHN ORTIZ SMYKLA DISTINGUISHED UNIVERSITY PROFESSOR jsmykla@uwf.edu CELL 205.862.4024 (no late calls please) With the assistance of MR. RANDALL LOCKHART FEDERAL PUBLIC DEFENDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA randall_lockhart@fd.org and COURTNEY SCHNIPPERT GRADUATE ASSISTANT cmw53@students.uwf.edu Required Text: Robert M. Bohm, Deathquest, Fourth Edition (Newark, NJ: Anderson Publishing, 2011). Course Description: This special topics course focuses on capital punishment, the ultimate form of criminal justice in any country. My goal in this eight-week summer course is not to cover everything about capital punishment. I am not sure we could even do that in a 15-week semester. Instead we focus on issues that I believe will keep our attention across a brief amount of time including how the decisions of the United States Supreme Court have shaped capital punishment, the methods of execution, whether capital punishment has a general deterrent effect, why the capital punishment process makes errors and what can be done about those errors, and finally whether the arbitrariness and discrimination that the Supreme Court said existed in the capital punishment process pre-Furman, still exists. Course Objectives: 1. Understand the pre- and post-Furman periods of capital punishment. 2. Understand select United States Supreme Court cases that have shaped the death penalty and the death penalty at the federal level, and globally. 3. Understand the execution methods employed in the United States, the legal history of the concept "cruel and unusual punishment," and what capital punishment costs. 4. Evaluate the argument and counterargument of whether capital punishment is a general deterrent to capital crime. 5. Explain "innocence," the miscarriages of justice pre- and postFurman, and evaluate what can be done to prevent wrongful convictions. 6. Evaluate whether the procedural reforms that were implemented since Furman have eliminated arbitrary and discriminatory application of the death penalty. Topics: 1. Pre-1968 death penalty cases 2. Death penalty cases 1969-1977 3. Post-1976 death penalty cases 4. Cruel and unusual punishments 5. Methods of execution 6. General deterrence, arguments and counterarguments 7. The brutalizing argument 8. Definition of innocence 9. Miscarriages of justice in pre-Gregg capital cases 10. Miscarriages of justice in post-Gregg capital cases 11. "Super due process" 12. Errors in capital cases 13. Why wrongful convictions occur in capital cases 14. What can be done to prevent wrongful convictions 15. Arbitrariness in the administration of the death penalty, postFurman 16. Discrimination in the administration of the death penalty, postFurman Course Requirements and Grading: I created eight additional links in elearning, one for each of our eight weeks together. If you have any questions after reading about the course requirements and grading, please email or call me, or email Courtney. Each week's link lays out the reading for the week, the assignments that are due, and the date by when the assignments must be put in the Dropbox. The Dropboxes open each Monday at 6 am and close every Sunday at 11:59 pm. I do not accept any late assignments. If you see anywhere in the syllabus or in any of the links a different day and time, then understand it's an error. But do let me know so I can correct it. I require that every assignment be thoughtfully written. I'll know in a heartbeat what was put together in a rush. I've been teaching for 37 years and I know what to look for. So save yourself the agony of receiving a low grade on any assignment and do what I ask the first time around. Assignments MUST be word processed using Times New Roman (NO OTHER FONT IS ACCEPTABLE), 12 font size, with one-inch margins. BE CERTAIN TO ADD YOUR NAME TO EACH ASSIGNMENT. I have 40 students in this special topics class this summer. Courtney Schnippert, my grad assistant, and I will not be able to comment extensively on every assignment, nor will we be able to return them to you. You will be able to check the gradebook to see your assignment score. Each assignment will take us about one week to read, evaluate and post to the gradebook. Each week you have two different types of written assignments. The first written assignment requires you to answer discussion questions at the end of the chapter. (DO NOT REPEAT THE QUESTIONS AND MAKE SURE YOU ANSWER THEM IN ORDER.) Pay attention to the week's link in elearning because for some weeks I tell you which questions to answer. Most of the time though you are answering all of them. Anytime between 6 am Monday through 11:59 pm Sunday you can put the answers to the chapter discussion questions in that week's dropbox. You'll also note in some weeks I included a report or news article that adds currency to that week's topic. You are required to read those pieces as well. There aren't many. The second written assignment each week requires you to look up some death row facts; for example, how many states and jurisdictions in the U.S. have/don't have the death penalty. I provide you live links to the website of the Death Penalty Information Center (www.deathpenaltyinfo.org). This is, without a doubt, the world's best site for information on capital punishment. Again, do not repeat the questions and make sure you answer them in order. The dropboxes for this assignment are labeled Death Row Facts. Anytime between 6 am Monday through 11:59 pm Sunday you can put the answers to the death row facts in that week's dropbox. Do NOT combine the two written assignments, nor submit both to the same dropbox. The two weekly written assignments must be created separately and submitted to their respective dropboxes. If you do not understand, email or call me, or email Courtney. According to my calculations you will answer 75 end-of-chapter discussion questions. Each is worth one point. According to my calculations you will also provide answers to 35 death row facts. Each is worth one point. You are also required to submit two 350-500 word essays to "THIS I BELIEVE". "This I Believe" is an international organization that engages people in writing and sharing essays that describe the core values that guide their daily lives. Some 100,000 of these essays, written by people from all walks of life, are archived on the website. The project is based on the popular 1950s radio series of the same name hosted by Edward R. Murrow. This is described in Week 1 and Week 8. You will submit your first essay about what you believe about capital punishment to "This I Believe" in Week 1 and your second essay to "This I Believe" in Week 8. Go to Week 1 NOW and see what is required. You can actually get a heard start and do this now. If you submit early, you can only submit the first essay early. The objective in submitting the second essay to "This I Believe" is for you to gauge what you believe about capital punishment after studying the issues in depth academically and critically. This should be a fun exercise. Enjoy it. Each essay is worth 20 points (40 points total). There will be two exams. The first exam (100 points) will be available online on WEDNESDAY, JULY 11, between the hours of 6 am and 11:30 pm. It will cover Chapters 4, 5, and 6 AND all of your homework assignments for those chapters. You MUST have RESPONDUS uploaded to your computer to take the test. If you do not have RESPONDUS uploaded here's the link: Respondus. You can also call the UWF HelpDesk at 850.474.2075. Do not call me about technical issues. I won't be able to answer them. The second exam (100 points) will be available online on WEDNESDAY, AUGUST 1, between the hours of 6 am and 11:30 pm. It will cover Chapters 7, 8 AND 9 AND all of your homework assignments for those chapters. In sum, grades are assigned as follows: 75 points end of chapter discussion questions 35 points death row facts 20 points This I Believe (essay #1 submitted to This I Believe NLT Sunday, June 24) 20 points This I Believe (essay #2 submitted to This I Believe NLT Sunday, August 12) 100 points Exam 1 Wednesday, July 11 100 points Exam 2 Wednesday, August 1 ______________________________ 350 points Letter grade distribution as follows: 326-350 A 315-325 A305-314 B+ 291-304 B 280-290 B270- 279 256-269 245-255 235-244 221-234 210-220 C+ C CD+ D D- Under 210 F FOR YOUR PROTECTION: For those of you in working in the CJ system in some capacity, it is understood that your statements, comments, and replies do not necessarily reflect your personal or professional beliefs and practices or reflect your agency. All statements, comments, and replies in this course are for educational purposes only and are to further and to enhance the quality of the educational experience. STUDENT ASSIGNMENT POLICIES and OTHER POINTS OF INTEREST: All assignments are due as stated on the course calendar. There will be NO make-up assignments. It is the students’ responsibility to manage their time so as to complete all projects by the stated deadline. Please note that electronic excuses (e.g., my printer is broken or out of ink, modem problems, hard drive crashed, computer lab closed, dog ate my disk, etc.) will not be accepted. Late assignments are not accepted. A score of “0” will be earned for any assignment that is received after the deadline. Please do not ask for an extension. We do not allow any extra credit. We do not issue incompletes (except as defined in the Catalog). You must complete all of the work during the course of this semester. If you email us with a question, comment, or concern about the class, you can expect a response within 24 hours (unless we have indicated in advance that we will not be available). EXPECTATIONS FOR ACADEMIC CONDUCT/PLAGIARISM POLICY: As future professionals in the criminal justice field, the faculty in the School of Justice Studies and Social Work believe you should be held to the highest standards. Please note that your reputation is extremely important for future employment. It is expected that you will act appropriately and demonstrate mutual respect for everyone in the class. Of particular importance is that you do not represent another person’s work as your own (plagiarism). You are encouraged to complete the tutorial found on the library’s web site: Tutorial. STUDENT CODE OF CONDUCT: The Student Code of Conduct sets forth the rules, regulations and expected behavior of students enrolled at the University of West Florida. Violations of any rules, regulations, or behavioral expectations may result in a charge of violating the Student Code of Conduct. It is the students’ responsibility to read the Student Code of Conduct and conduct themselves accordingly. You may access the current Student Code of Conduct. STUDENTS WITH SPECIAL NEEDS: The Student Disability Resource Center (SDRC) works with students and faculty to help make UWF an accessible learning environment in accordance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The SDRC offers a variety of services for students with documented disabilities, including learning disabilities,deaf/hard of hearing, blind/low vision, mobility limitations, ADHD, psychiatric disorders, and medical disabilities. Contact Student Disability Resource Center, 11000 University Parkway, Bldg 21/Room 130,Pensacola, FL 32514. Office: 850-474-2387 Fax: 850-857-6188 E-mail: sdrc@uwf.edu COMMUNICATIONS: All UWF students have access to a free UWF email address and must use that e-mail address throughout the course to receive all correspondence. Any necessary changes to the syllabus, assignments, etc. will be distributed electronically through GroupMail. It is the student’s responsibility to make sure he/she gets this information.