Prisons Danielle Thomsen, Visiting Assistant Professor dt324@cornell.edu DL Government & AMST 3141 December 26-January 17, 2014 Note: We are using the syllabus from Professor Mary Katzenstein’s Prisons course (Govt 3141). COURSE DESCRIPTION In America, there are now over two million people in jail and prison. Indeed, the U.S. stands alone among Western, industrialized countries with its high rates of incarceration and continued use of the death penalty. With close to one-third of all African-American men likely to spend time in a state or federal prison, families and neighborhoods in many American cities already scarred by poverty are now coping with the effects of a population of young people who come into adulthood not in college but in prison. Set against this background, the broad purpose of the course is to think about incarceration in America through the framework of citizenship. This means that we will study the relationship of incarceration to society and to the state rather than framing the course around an analysis of prisoners as objects of study in isolation. Our concern will be with the politics of incarceration and with how political institutions mediate the connections between crime and punishment. This is not a course on the origins of crime or the organization of prisons (subjects of sociological interest); nor is it a course on theories of punishment (a subject to which legal theorists and philosophers pay close attention) -- although we will touch on these subjects. It is, rather, a course on the ways that different political constructs (ideas about responsibility, rights, race) are used to interpret events and experiences associated with crime and punishment. We begin by exploring the “construction” of crime, crime policy, and ‘the criminal.’ To what extent does penal policy appear to be a response to the incidence of crime itself? Do punishment regimes become more severe as crime rates rise, less severe as crime rates fall? We then turn in the heart of the course to the recent era of mass incarceration – what Todd and Frost call the “Grand Experiment.” We examine this recent history through the lense of three long-enduring ideational tropes: Responsibility, Rights, and Race. How has seeing the problems of crime and punishment through the lenses (or tropes) of responsibility, rights, and race shaped policy responses to the rise and fall of crime. What are the strengths and problems associated with these (the three Rs) interpretive frames? How can we evaluate the work these interpretive frames do as we examine the shift over time from the view of prisoners as property, to prisoners as choice-making and irresponsible individuals, to prisoners as rights-bearing individuals, to prisoners as the vanguard of the revolution? The issues in the course are contentious and touch on matters about which we all have deep and pre-formed convictions. It bears emphasizing, therefore, that although it will be tempting to stake out quick stands on many of the issues, it will be very important to remain open to opposing perspectives and to base the force of your position on careful argumentation informed by a close 1 familiarity with the readings and lectures. The daily blackboard exchange provides a chance to engage with the views of your classmates. The fruitfulness of this exchange will depend on your readiness to ‘listen’ closely to what others write and to be open to perspectives that are different from one’s own. A word about what you will come out with at the other end: The readings and lectures will acquaint you with one of the most important set of issues in American social and political life today. In addition, the class should help you build useful analytical skills through its emphasis on the interpretive work of political science constructs. Finally, the daily blackboard assignments are intended to help make writing a comfortable and normal part of the thinking process. Books (Required): Todd Clear and Natasha Frost, The Punishment Imperative NYU University Press 2014 ISBN 978-0-8147-1719-6 Eric Cummins, The Rise and Fall of California’s Prison Movement, Stanford University Press ISBN 0-8047-2232-3 Alice Goffman, On The Run; Fugitive Life in an American City Chicago University Press 2014 ISBN 978-0-226-13671-4 We won’t be reading this entire book but I would still URGE you to buy it because it’s a book you will want for your permanent library, I promise. David M. Oshinsky Worse than Slavery; Parchman Farm and the Ordeal of Jim Crow Justice Free Press Paperbacks ISBN 684 83095 7 James Q. Wilson, Thinking about Crime Revised Edition Vintage 1985 ISBN 0-394-72917-x Recommended (not req) : Henry Ruth and Kevin R. Reitz, The Challenge of Crime; rethinking our response Harvard University Press 2003 ISBN: 0674021061 Some logistics: 1. Do try to buy the required books –so you can write in them, take notes in the margins, really read the texts carefully. Let me urge you also to download the articles and other readings from the blackboard site. The books will be on reserve in URIS (or Olin-where they sometimes transfer reserve readings during holidays) if you are on campus during the period of the course. You will also need to secure a copy of one video, The Farm. It is on reserve in Uris and you should watch it before you leave campus. 2. The lectures are posted on the Blackboard website under “course documents.: We will be posting DAILY questions about the readings and you need to respond to the questions on a daily basis on blackboard (under Discussion Board) by 9 pm EST of that same day (30%). There will also be a midterm (25%) and a final exam (30%). See the dates in the syllabus for the mid-term and the final. In addition, you should conduct an interview with a family 2 member/friend/neighbor/acquaintance on some aspect of criminal justice (e.g. drug issues, drug sentencing, views of the criminal justice system, see assignment in syllabus). The interview is due on January 12 (15%). You must talk/email with me well in advance -by January 8th at the latest about whom you would like to interview and about the questions you intend to pose. The interview, which should be transcribed (and kept to about two pages) should report your questions and the interviewee’s answers. At the end of the interview, you should add a short comment about what you learned, found surprising, etc. Students have done wonderful interviews in the past with friends who have used drugs, with family members who have views of the law /drugs/ incarceration that they are willing to share, with lawyers, judges, or with friends, family, or acquaintances who have worked in or served time in prison. Please use a pseudonym for the interviewee unless he/she gives you explicit permission otherwise. It is also very important to be respectful and sensitive about the often-difficult issues that come up in these conversations, particularly as the conversations may concern individuals or family members who have immediate experience with incarceration. 3. The website is: www.blackboard.cornell.edu. From there you need to go to Distance Learning 3141- Prisons. Some of the video lectures are on blackboard under course documents-old lectures or “power point lectures with sound.” The newer lectures are on the Cornell site: http://www.videonote.com/cornell under Summer 2014 (which will refer you to fall 2012 when the lectures were recorded. If you have difficulty finding the lectures, let me know right away. 4. Policy on late assignments: Late assignments will be graded down by one grade each day it is late unless there are health reasons supported by a medical note on official stationery. 5. We are packing in a full semester’s work into less than three and a half weeks so this will be a full, fun, and intense ride. You will see in the syllabus that there is only a very occasional day off in the June term and in the January “term” there are ‘no’ days off whatsoever! SYLLABUS NOTE: The first two and a half weeks are particularly heavy and time-intensive readings - so plan to get ahead where you can particularly with the WILSON, Foucault and Cummins readings. . You should follow the syllabus below but also be sure to read the daily assignments (and read ahead to the future assignments) on the blackboard as we go along. DAY 1- December 26 Introduction: Crime and Punishment as Politically Defined Lecture: Course Introduction (either on course documents power point or on videonote). Readings: Req. Philip Jenkins, Moral Panic Chapter 5, pages 94-117 This reading is on the blackboard. You may also read this chapter by looking it up through the OLIN catalogue where it is listed as an e-book. 3 Rec: Valerie Jenness and Ryken Grattet, Making Hate a Crime: From Social Movement ot Law Enforcement NY: Russell Sage, 2001 DAY 2- December 27 On the Inside Lecture: See the Video: The Farm: Inside Angola Prison As noted above, this video is on reserve in Uris and you should watch it before you leave campus. Also (optional): watch the Video discussion (blackboard): Ken McClane Important: Get a head start on the later reading – starting Oshinsky would be a good idea. DAY 3- December 28 Prisoners as property -- an early example of the racialization of crime No lecture Readings: Who or what are convict lessees in the eyes of the law? Just how criminal were convict lessees? And what purposes did these lessees serve –politically and economically? How important was the system of convict leasing to the economic development of the South? In what way were white southerners who bore arms to fight against the Union punished for their actions. You might want to refresh your memory about the rights extended (or not) to white and black southerners after the war: http://www.crf-usa.org/brown-v-board-50th-anniversary/race-and-voting.html Req. David M. Oshinsky, Worse than Slavery; Parchman Farm and the Ordeal of Jim Crow Justice (entire but especially the first half) Rec: Khalil Gibran Muhammad, The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America, Mark Colvin, Penitentiaries, Reformatories, and Chain Gangs, NY: St. Martin’s Press, 1997 Martha A. Myers, Race, Labor & Punishment in the New South, Columbus, Ohio: Ohio State University Press, 1997 David A. Garland, Punishment in Modern Society Chicago: University of Chicago Press, 1990 DAY 4 December 29 Responsibility, Rights, and Race Republican ideas of citizenship from classical times (stressing participation and civic virtue) have largely taken a back seat to the modern liberal belief in rights. Current-day republicanism, arguably, reframes the duty to participate in state affairs as social responsibility - the duty to have a job and work hard at it, and presumes that individual rights are best secured by a limited government. Modern-day liberalism (particularly its more progressive form), emphasizes individual and group rights and, more than civic obligation, posits the importance of an active state underwriting the provision of such rights. Critics of modern-day liberalism (including some liberal critics themselves) insist that race and racism have impeded the realization of liberal ideals. 4 Lecture: Req. “Is America a Liberal Nation” (start into the lecture at 6:56 –e.g. skip announcements etc)-this is an overview of the “responsibility, rights, and race” framework of the class. This lecture will make more sense if you read the Fisher article and skim Brown v. Plata’s dissenting opinions below. Strongly rec. Lecture by Nolan Bennett (on “race and liberalism”) videonote. Readings: Max Fisher, “A Different Justice: Why Anders Breivik Only Got 21 Years for Killing 77 People” The Atlantic, August 24, 2012 click on following link for Breivik article: Breivik article Skim Brown v. Plata (2011), particularly the dissenting opinions http://www.supremecourt.gov/opinions/10pdf/09-1233.pdf Rogers Smith,” Beyond Tocqueville; Myrdal, Hartz, and the Multiple Traditions in America,” American Political Science Review, 87, 3 Sept.1993 SKIM for the main idea. You can look the article up through Cornell gateway using the search engine, JSTOR). Day 5 and 6: December 30 and 31 The Grand Experiment. Posting is due on the 31st. No lecture: Reading: Todd Clear and Natasha A. Frost, The Punishment Imperative; The Rise and Failure of Mass Incarceration in America, pp. 1-112. (in anticipation of tomorrow’s reading, note particularly pp. 73 and the emerging, with Wilson and the 1980s, trope of individual responsibility.) Day 7: January 1 James Q. Wilson and Responsibility Lecture: Listen either to “Citizenship, Wilson, and “responsibility” (Power Point lectures on B’board – or the Wilson lecture on videonote –a different version of the power point blackboard lecture. Readings: Req. James Q. Wilson, Thinking about Crime Revised Edition, Vintage 1975, 1983. Ch. 1: Crime Amidst Plenty; Chapter 3 Thinking about Crime; Chapter 7 Penalties and Opportunities (highly, highly rec: 12 & 13) Also really rec: Henry Ruth and Kevin R. Reitz, The Challenge of Crime; rethinking our response Chs. 1, skim 2, chapter 3 (rec. chapter 4) –read for their discussion about the relationship between punishment and crime, and also look particularly for Ruth and Reitz’ commentary on Wilson’s writings. Also rec: Stanton E. Samenow, “The Basic Myths About Criminals,” in Robert James Bidinotto, Ed., Criminal Justice? The Legal System Versus Individual Responsibility (Irvington-on-Hudson, NY: The Foundation for Economic Education, Inc., 1994). See 5 also Stanton E. Samenow, Inside the Criminal Mind Times Books, 1984 Day 8: January 2 Michel Foucault. Lecture: Michel Foucault, Power, Knowledge, Truth (Katzenstein) – you can see the lecture on power point OR listen to the recent lecture on www.videonote.com/cornell. I think you will find this lecture particularly helping for understanding Foucault. Readings : Michel Foucault, “Disciplinary Power and Subjection,” in Steven Lukes ed. Power Michel Foucault, Discipline and Punish (excerpts) DAY 9 – January 3: The “Superpredator,” Moral Poverty and the Choice-Making Individual Lecture: Moral Poverty and the Superpredator (Katzenstein on Power Point-Course Doc/Blackboard) OR listen to the more recent lecture on www.videonote.com/cornell (I’d recommend the latter.) Readings: William J. Bennett, John J. DiIulio, John P. Walters, “The Root Cause of Crime: Moral Poverty,” in Bennett, DiIulio and Walters, Body Count pp. 18-65 ALSO: If you have a chance to see the recent film, “Margin Call,” pay particular attention to what the film has to say about “choice.” With day 8, we have concluded the section on “(individual) responsibility” – we now turn to “rights” Day 10 January 4: Citizenship and Rights Citizenship and Shklar --Rights-bearing Citizenship (Power Point lectures on B’board --MK) Readings: Req Judith Shklar, American Citizenship, pp. 1-23 DAY 11 January 5 - The Rights-Bearing Prisoner Lecture: Prisoners rights – Lectures one and two on blackboard (power point lectures under course documents) The 1960s saw the rise of two competing views of prisoners: (1) a liberal politics that informed crime control policies through the 1970s and into the early 1980s that emphasized the rights of prisoners to better conditions of confinement; and (2) a “radical vanguard” politics that saw the prisoner as the vanguard of a revolutionary moment. This is vividly described in Eric Cummins book a bit later in the syllabus. In the next days, we explore the “rights” paradigm and its 6 radicalization in the era that preceded the 1980s turn towards tough-on-crime policies. As you read, consider the reach and the limitations of these two different political approaches. Req. John DiIulio, Jr., “The Old Regime and the Ruiz Revolution: The Impact of Judicial Intervention on Texas Prisons,” and Sheldon Ekland-Olson and Steven J. Martin, “Ruiz: A Struggle over Legitimacy” and Ben M. Crouch and James W. Marquart, “Ruiz: Intervention and Emergent Order in Texas Prison,” in John DiIulio, Courts, Corrections and the Constitution, (Oxford University Press, 1990 51-72 (B) James E. Robertson, “The Jurisprudence of the PLRA: Inmates as "Outsiders" and the Countermajoritarian Difficulty,” The Journal of Criminal Law and Criminology, Vol. 92, No. 1/2 (Autumn, 2001), pp. 187-210 available through JSTOR Rec: Malcolm M. Feeley and Edward Rubin, “Review: “Prison Litigation and Bureaucratic Development” Law & Social Inquiry Vol. 17, No. 1 (Winter, 1992), pp. 125-145 available through JSTOR. “Developments in the Law: The Law of Prisons” Harvard Law Review Vol. 115, No. 7 (May, 2002), pp. 1838-1963 Christopher E. Smith, “The Results of Prison Reform Litigation” in Law and Contemporary Corrections Belmont, CA: Wadsworth, 2000, pp. 196-2002 Review the history of “American Presidential Crime Control policies” see website of Dr. O’Connor North Carolina Wesleyan College, http://faculty.ncwc.edu/toconnor/301/bush.htm (Alternatively, see The Heritage Foundation, “What the 104th Congress Did to Combat Crime,” www.heritage.org/library/categories/crimelaw/fyi117.html or Congressional Research Service, JoAnne O’Bryant and Lisa Seghetti, Domestic Social Policy Division, “Crime Control: The Federal Response, updated March 5, 2003, Issue Brief for Congress, http://www.policyalmanac.org/crime/archive/crs_federal_crime_policy.shtml Days 12 and 13 Mid-Term: January 6 and 7. The midterm will be circulated by email on January 6th midnight and should be sent back by email attachment in Word by January 7th midnight (e.g. before January 8th). DAY 14- January 8 Felony Disenfranchisement Lecture: on videonote –www.videonote.com/cornell Readings: Req. Richardson v. Ramirez 418 U. S. 24 (1974) –look this up through Lexis (find a case). If you would like to listen to the original oral argument at the Supreme Court (it’s pretty exciting to hear it first-hand), go to: 7 http://www.oyez.org/cases/1970-1979/1973/1973_72_1589 Jeff Manza and Christopher Uggen, “Punishment and Democracy: Disenfranchisement of Non incarcerated Felons in the United States,” Perspectives on Politics, September 2004, Vol 2, No. 3 (go through Gateway to ejournals.) Rec. Elizabeth Simson, “Justice Denied: How Felony Disenfranchisement Laws Undermine American Democracy “Americans for Democratic Action Education . Google Elizabeth Simson, then scroll down to Justice Denied. Alternatively, here is the cite: http://www.adaction.org/lizfullpaper.pdf We have now completed two-thirds of the course. In this next to final section, we turn to a discussion of crime and punishment as seen through the lens of RACE. We begin with a discussion of race and the revolutionary vanguard. Day 15 – January 9 - The Construction of the Prisoner as the Revolutionary Vanguard. Readings: Req. Eric Cummins, The Rise and Fall of California’s Prison Movement, Preface, Chapters 1-6 and Ch. 10 (though I strongly recommend the whole book). Angela Davis, “Political Prisoners, Prisons, and Black Liberation” on Blackboard and STRONGLY, STRONGLY recommended: The lecture by Kathy Boudin on videonote. IF YOU HAPPEN TO HAVE ACCESS TO the “Black Power Mix Tape,” be sure to listen to the interview with Angela Davis on that video. Rec: The Weather Underground (video – google: http://www.google.com/search?q=weather+underground+video&rls=com.microsoft:en-us&ie=U TF-8&oe=UTF-8&startIndex=&startPage=1&rlz=1I7RNTN_en DAY 16 – January 10 Race and Drugs Here we continue with our discussion of how institutional forces (in both their materialist and more discursive forms) shape policies – focusing here on race. Listen to: A lecture given in the 3141 fall class ’05, by Judge Shira Scheindlin. You should listen to this lecture using internet explorer and Realplayer. The site is: http://stream.cit.cornell.edu/?token=2BB232C0B13C774965EF8558F0FBD615 And respond to questions emailed or posted on blackboard Day 17: January 11 race-cont. Readings: 8 Req. Loic Wacquant, “Deadly Symbiosis,” Boston Review, April/May, Vol 27, No. 2 (find under Boston Review) Strongly recommended: A program called “Sentencing” on This American Life www.thisamericanlife.org October 22, Episode 143 “Sentencing” National Research Council, “The Growth of Incarceration in the United States” see discussion of race on pages 56-64,91-101 http://www.nap.edu/catalog.php?record_id=18613 Eva Bertram, Morris Blachman, Kenneth Sharpe, Peter Andreas, Presidential Drug Wars,” ch. 6 in Drug War Politics. Michael K. Brown, Martin Carnoy, Elliott Currie, et al, “Been in the Pen So Long,” excerpt from Whitewashing Race: The Myth of a Color-Blind Society Berkeley: University of California Press, 2003, pp. 132-160. Tali Mendelberg, “A Theory of Racial Appeals,” in The Race Card (Princeton: Princeton University Press, 2001) pp. 3-25, particularly the early pages Michael K. Brown, Martin Carnoy, Elliott Currie, et al, “Race Preferences and Race Privileges,” excerpt from Whitewashing Race: The Myth of a Color-Blind Society. Berkeley: University of California Press, 2003, pp. 1-33. DAY 18 - January 12 The Prison Industrial Complex Lecture: The Prison Industrial Complex--Katzenstein Readings: Eric Schlosser, “The Prison Industrial Complex,” Atlantic Monthly, Dec 1998 We will circulate this article by email and/or post it on blackboard and we will also circulate a reading from Angela Davis’ work on the prison industrial complex. JANUARY 12: Interview Transcript Due DAY 19 – January 13 Under the Surveillance of the State. Read all of Alice Goffman, On the Run. It’s an amazing book that you will never forget. Day 20 January 14 Collateral Consequences; and Turning your life around No Lecture: Readings: Jeremy Travis, “Invisible Punishment” and “But they all came back” Donald Braman, “Doing Time on the Outside” (available through blackboard) DAY 21 – January 15 Lecture: Charles LaCourt –very important (on blackboard) 9 DAY 22 and 23 Final Exam January 16 and 17 We will post the exam by midnight of January 15. It is due by midnight (EST) of January 17. We are providing several days for this final because some of you have fulltime day jobs or will be traveling. But you will not need these entire days for writing. Do feel free to get this to us before the deadline. GLOSSARY OF TERMS –excerpted from Gary Cornelius, Jails in America; An Overview of Issues, 2nd edition (Lanham, Md., American Correctional Association, 1996; 1-800 ACA JOIN); and from Frank Schmalleger, Criminal Justice Today, Prentice Hall, 1997 You don’t need to “know” these for any test/exam – the definitions are just here to be helpful in your reading and court observing. Arraignment: I. Strictly, the hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his or her rights, and the defendant is required to enter a plea. II. In some usages, any appearance in court prior to trial in criminal proceedings. Arrest: Taking an adult or juvenile into physical custody by authority of law, for the purpose of charging the person with a criminal offense or a delinquent act of status offense, terminating with the recording of a specific offense. Civil law: That portion of modern law that regulates contracts and other obligations, involving primarily personal interests. County prison: another name for a jail Determinate sentencing (also called presumptive or fixed sentencing). A model for criminal punishment which sets one particular punishment or length of sentence for each specific type of crimes. (As distinct from “indeterminate sentences”) Exclusionary rule: The understanding based on Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in criminal trials. Federal court system: The three-tiered structure of federal courts involving US district courts, US courts of appeal, and the US Supreme court. Felony: a criminal offense that is punishable by death or by incarceration in a state or federal prison, generally for one year or more. Violent felonies include: murder, rape, abduction, and robbery (see also nonviolent felony). Grand Jury. A body of persons who have been selected according to law and sworn to hear the evidence against accused persons and determine whether there is sufficient evidence to bring those persons to trial, to investigate criminal activity generally, and to investigate the conduct of public agencies and officials. Jail: confinement facility operated by a local law enforcement agency, holding adults and sometimes juveniles, pending trial or who have been sentenced to short terms of incarceration. Misdemeanor: criminal offense, generally minor or petty, that is punishable by small fines or penalties or incarceration in a local jail for a year or less. 10 Non-violent felony: criminal offense (see felony) that did not involve injury or death to the victim nor violence in its commission. Nonviolent felonies include: burglary, grand larceny, embezzlement and drug possession. Parole: The process of releasing inmates from incarceration before the end of their sentence on conditions of supervision by a parole officer and their maintenance of good behavior. If the conditions are violated, the offender will be reincarcerated. Plaintiff: A person who initiates a court action. Plea: In criminal proceedings, a defendant’s formal answer in court to the charge, contained in a complaint, information or indictment, that he or she is guilty or not guilty of the offense charged, or does not contest the charge. Preliminary Hearing: The proceeding before a judicial officer in which three matters must be decided – whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there are reasonable grounds to believe that the defendant committed the crime. Pretrial discovery. In criminal proceedings, disclosure by the prosecution or the dfense prior to trial of evidence or other information which is intended to be used in the trial. Prisonization: The process by which an offender adapts to the culture of the inmate – how to get along, what inmates to avoid, which officers are helpful. Prison: Adult confinement facility administered by a state or federal government, holding inmates for long sentences. Probation: the release by the court of a convicted offender into the community with certain conditions, such as good behavior under a suspended sentence. Offender is superviced by a probation officer. Prosecutor: An attorney who is the elected or appointed chief of a prosecution agency, and whose official duty is to conduct criminal proceedings on behalf of the people against persons accused of committing criminal offense. Also called “district attorney” “DA” “state’s attorney” “county attorney” and “US attorney” and any attorney deputized to assist the chief prosecutor. Public defender: An attorney employed by a government agency or subagency or by a private organization under contract to a unit of government for the purpose of providing defense services to indigents; also occasionally, an attorney who has volunteered such service. The head of a government agency or subunity whose function is the representation in court of persons accused or convicted of a crime who are unable to hire private counsel, and any attorney employed by such an agency or subunity whose offical duty is the performance of the indigent defense function. Status offender. A child who commits an act that is contrary to the law by virtue of the juvenile’s status as a child. Purchasing cigarettes, buying alcohol and truancy are examples of such behavior. UCR An abbreviation for the FBI’s Uniform Crime Reporting Program Writ of Habeas Corpus. In criminal proceedings, the writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment. 11