SYLLABUS
Corrections Law
CJUS 419/519 Fall 2010
Instructor: Curtis Hayes
Office: PD 136
Phone: 538-6325
FAX: 538-6264
E-mail: hayesc@wnmu.edu
Office Hours: I generally (with some exceptions) am available without an appointment MondayThursday from 2:00 to 4:30. Other times are available by appointment.
Course Description
This course will consist of an analysis of rights and procedures relating to persons convicted of
crimes. Constitutional principles related to sentencing, probation, incarceration, and parole will
be examined along with legal obligations and liabilities of corrections agencies and their
employees. The course will be taught by the Socratic method and participation is classroom
discussion is required of all students.
Prerequisite: CJUS 230 or instructor permission
Course Learning Objectives
At the conclusion of this course, students should be able to:
-recite the various sources of rules concerning convicted persons
-read and interpret court cases, statutes, and administrative regulations
-relate the rules governing guilty pleas and plea bargains
-compare and contrast different sentencing schemes
-understand the sentencing process and rules that govern it
-understand basic concepts of procedural due process and how they apply to post-conviction
procedures
-understand the balancing test used by the courts to evaluate claims of constitutional violations
-understand how the Eighth Amendment applies to sentencing and conditions of confinement
-understand the diminished First and Fourth Amendment rights of convicted persons
-relate the various types of lawsuits convicted persons can utilize to assert their rights
-relate the various types of collateral sanctions imposed on convicted persons
Reading Assignments
The textbook is The Law of Sentencing, Corrections, and Prisoners’ Rights (8th Ed.) by Lynn S.
Branham and Michael S. Hamden. A list of specific reading assignments is attached. A
paperback entitled The Law and Policy of Sentencing and Corrections in a Nutshell (8th Ed.)
summarizes the material in the text. The text has the actual court opinions, the nutshell tells you
what the cases say. It is imperative that you have read the assigned material before each
class as it will be discussed in class. I will call on students to discuss the assigned reading.
Grading
Three tests of equal weight (100 pts. each) will be given. Additionally, thirteen case briefs worth
10 points each, a PSR recommendation worth 10 points, and two group writing assignments
worth 20 points each will be assigned during the semester. All writing assignments must be
typed. Unless otherwise noted, written assignments are due at the end of class on
Thursdays. No late assignments will be accepted unless there are extreme extenuating
circumstances such as loss of consciousness for several hours, losing at least a quart of
blood, or having an extremity removed from your body.
Twenty points of your grade will be based on your participation in classroom discussion. Grades
are based upon the total points accumulated. Grading is based on the following point system:
450 – 500 (90 – 100%)
A
400 – 449 (80 – 89%)
B
350 – 399 (70 – 79%)
C
300 – 349 (60 – 69%)
D
below 300 (60%)
F
Grades may be curved in the discretion of the instructor, but in no event will grades be curved by
more than five percentage points.
Plagiarism of any kind will result in failing the course. “If you fail to acknowledge borrowed
material, then you are plagiarizing. Plagiarism is literary theft. When you copy the words of
another, put those words inside quotation marks, and acknowledge the source with a footnote.
When you paraphrase another’s words, use your own words and your won sentence structure,
and be sure to use a footnote giving the source of the idea. A plagiarist often merely changes a
few words or simply rearranges the words in the source.” Hodges and Whitten, Hodge’s
Harbrace College Handbook (6th Ed.), 1967, p. 407.
The most common plagiarism in this class is copying material verbatim from the cases in the
case briefs without putting the material in quotations. This types of plagiarism will result in
failing the assignment on the first offense and failing the course on a subsequent offense. A more
serious type of plagiarism is copying material for case briefs or groups assignments from sources
outside of the textbooks. Depending on the extent of the plagiarism, this type may result in
failing the course on the first offense. You will not be allowed to drop the class if you fail the
course due to plagiarism. Any plagiarism that results in a grade penalty will be reported to the
Academic Integrity Panel which keeps track of repeat offenders.
Test schedule
Tentatively, tests are scheduled for September 16, October 19, and December 9. Make-up tests
will be given only in cases of extreme emergency. If possible, I must be notified in the advance
of the need to take a make-up.
Attendance policy
Attendance will not be taken in this class except on days that group projects are being worked
on. Ten points will be deducted for unexcused absences on those days.
Disability Services at WNMU:
Services for students with disabilities are provided through the Academic Support Center’s
Disability Services Office in the Juan Chacon Building, Room 220. Some examples of the
assistance provided are: audio materials for the blind or dyslexic, note takers, readers, campus
guides, audio recorders, a quiet testing area, and undergraduate academic tutors. In order to
qualify for these services, documentation must be provided by qualified professionals on an
annual basis. Disability Services forms are available in the Academic Support Center. The
Disability Services Office, in conjunction with the Academic Support Center, serves as Western
New Mexico University's liaison for students with disabilities. The Academic Support Center’s
Disability Services Office can be contacted by phone at 575.538.6400 or e-mail at
matterr@wnmu.edu.
Course schedule
Week 1
-read syllabus and scholastic integrity policy
-read How to Brief a Case
-read Chapter 2 in the Nutshell (skip pp. 23-27)
-read and brief North Carolina v. Alford (p. 45)
-read Santobello v. New York (p. 62)
-read Bordenkircher v. Hayes (p. 67)
Week 2
-read Chapter 3 in the Nutshell
-read Williams v. New York (p. 82)
-read the presentence report (p. 86)
-read Gardner v. New York (p. 93)
-read U.S. v. Grayson (p. 137)
-read and brief Payne v. Tennessee (p. 159)
Week 3
-read Chapter 4 in the Nutshell (skip 113-115 on “real offense” sentencing)
-read Iowa Code (pp. 171-172), Illinois Statute (pp. 174-175), Indiana Code (pp.175-176), Michigan
statute (pp. 176-177)
-read Chapter 5 in the Nutshell
-read text pp. 226-231
-read and brief Bearden v. Georgia (p. 244)
-Write the sentencing recommendation portions of pre-sentence reports for the two cases
on page 262. Explain the reasoning underlying your recommendations
Week 4
-read Chapters 6 & 7 in the Nutshell
-read Gregg v. Georgia (p. 279)
-read Roper v. Simmons (p. 305)
-read and brief Kennedy v. Louisiana (p. 316)
-read Harmelin v. Michigan (p. 343)
-read U.S. v. Gementera (p. 358)
Week 5
-test review
-Test I
Week 6
-read Chapter 10 in the Nutshell
-read Chapter 11 to p. 272 in Nutshell
-read Procuier v. Martinez (p. 474)
-read Turner v. Safley (p. 487) due on Tuesday
-read Beard v. Banks (p. 500)
-read Block v. Rutherford (p. 509)
Week 7
-read the final section of Chapter 11 in the Nutshell
-read Chapter 12 in the Nutshell
-read O’Lone v. Shabazz (p. 520)
-read Ex Parte Hull (p. 536)
-read Procunier v. Martinez (p. 540)
-read Johnson v. Avery (p. 545)
-read and brief Lewis v. Casey (p. 553)
Week 8
-read Chapter 18 in the Nutshell
-read Chapter 19 in the Nutshell (skip pp. 447-452 and 459-471)
Week 9
-read Chapter 16 in the Nutshell (pp. 376-379)
-read and brief Daniels v. Williams (p. 726) due on Tuesday
-test review
Week 10
-Test II
-read Chapter 13 in the Nutshell
-read and brief Wolff v. McDonnell (p. 570)
-read Superintendent at Walpole v. Hill (p. 603)
-work on group assignment #1
Develop and write a good time revocation policy that specifies the various offenses a
prisoner can lose good time for, the amount of good time that can be lost, and the hearing
procedure. (20 pts.)
Week 11
-read Chapter 14 in the Nutshell
-read Meachum v. Fano (p. 604)
-read Sandin v. Conner (p. 610)
-read and brief Wilkinson v. Austin (p. 625) due on Tuesday
-read Vitek v. Jones (p. 632)
-read Johnson v. California (p. 649)
-group assignment #1 due
Week 12
-read Chapter 15 in the Nutshell
-read Hudson v. Palmer (p. 680)
-read Bell v. Wolfish (p. 705)
-read and brief State v. Garcia due on Tuesday
-read Timm v. Gunter (p. 698)
-read Dothard v. Rawlinson (p. 732)
-work on group assignment #2
Develop and write a policy for a jail covering searches of visitors and inmates. (20 pts.)
Week 13
-read Chapter 17 in the Nutshell
-read Estelle v. Gamble (p. 747)
-read Rhodes v. Chapman (p. 765)
-read and brief Farmer v. Brennan (p. 779) due on Tuesday
-read Jackson v. Bishop (p. 787)
-read Hudson v. McMillian (p. 816)
-group assignment #2 due
Week 14
-read Chapter 8 in the Nutshell
-read and brief Morrissey v. Brewer (p. 370) due on Tuesday
-read Griffin v. Wisconsin (p. 386)
-read Samson v. California (p. 389)
-read Greenholtz v. Inmates of Nebraska (p. 396)
Week 15
-read Chapter 9 in the Nutshell
-read and brief Kansas v. Hendricks (p. 447) due on Tuesday
-test review
Week 16 –Finals week
-take the Final
How to Brief a Case
While there are variations, the basic format of a case brief is the same in all the literature on “How to Brief a Case.”
The easiest method to use for this class is as follows:
Style: This is the case citation that has the name of the case and how to find it. For example: Boykin v. Alabama,
395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed2d 274 (1969)
Facts: A one or two paragraph summary of the facts of the case that are important to the appeal. What happened in
the lower courts is rarely important. The facts are the things that happened before the lawsuit that led to someone
filing a lawsuit.
Issue: What is the court being asked to decide? The issue should be framed as a question that can be answered yes
or no.
Holding: A one or two sentence statement of the ruling or decision of the court. If someone asked you, “what does
this case stand for?” what would you say? “What the case stands for” is the holding. The holding can generally be
taken directly from the issue. For example, if the issue of a case was, “Does the 4 th Amendment apply to searches by
private university officials.” The holding would be expressed as, “No. The 4 th Amendment does not apply to
searches by private university officials.”
Reasoning: This is the most important part of the brief and generally should be the longest part of the brief. This is
where you state the court’s explanation for why it ruled the way it did. It is the most important part of the case
because this is where you develop the skill of reading and understanding legal writing. Five years from now, you
won’t remember the holdings of most of the cases you brief. But the ability to read and understand cases will stay
with you.
Here are a couple of links to websites that explain in greater detail how to brief a case. Some instructors want
elements in case briefs that I don’t require. For example, some instructors want concurring and dissenting opinions.
Some want the student to analyze the importance of the case. You don’t need to do these extra things unless you are
a graduate student.
http://www.lib.jjay.cuny.edu/research/brief.html
http://www.psci.unt.edu/King/howtobrief.html