James Madison University
Department of Political Science
Seminar In Criminal Justice
PUAD 482
Fall 2005
Professor Robert Roberts
MWF: 10:10-11:00
Office: Maury G-14
Office Hours: Tth: 8-11
Phone: 56 8-6323
E-Mail Robertrn@jmu.edu
SEMINAR TOPIC: Ethics Issues In Law Enforcement and Criminal Justice:
The seminar will provide students the opportunity to explore a number of serious ethical issues facing law
enforcement in the United States and across the world. Studies show that the ethical behavior of law enforcement
agencies and law enforcement personnel has a direct impact upon public support and confidence for law
enforcement. Studies also clearly show that without strong public support, law enforcement face an exceptionally
difficult time preventing crime and quickly apprehending and successfully prosecuting individuals for criminal
conduct. Despite this fact, law enforcement agencies across the United States face the ongoing problem of how to
balance the rights of their uniformed and civilian personnel with the need to maintain high standards of professional
and personal conduct among those uniformed and non unformed personnel vested with the responsibility to protect
members of the communities in which they serve.
COURSE REQUIREMENTS:
A. Text:
— Edwin J. Delattre, Character and Cops: Ethics and Policing. Fourth Edition.
— Barker, Tom. Police Ethics: Crisis In Law Enforcement.
B. Attendance: Students will be expected to attend all seminar sessions. Students arriving more than five minutes
late for the class will not be admitted unless I have received prior notification that the student will be late and that
the student provides a legitimate reason for being late. Students who miss more than three absences without
permission will receive a one grade reduction for the course. Further grade reductions will be imposed for additional
absences.
C. Honor System: Students are expected to familiarize themselves with the provisions of the James Madison
University Honor Code. During the semester, students are encouraged to discuss course material with their fellow
students out side of class. However, do not work together on specific assignments without first received my
permission. Finally, carefully review what constitutes plagiarism. A general rule of thumb is that you make use of
the research or ideas of someone other than yourself, that information should be cited in an endnote or footnote. All
work for the class must be pledged with the following statement: I pledge that I have neither given nor received
unauthorized assistance on this assignment.
D. Safeguard Work: It is important that all students take great care to back up all work and assignments for the
course. IT IS YOUR RESPONSIBILITY to keep copies of all work on some backup device. With the number of
back-up methods, it is not acceptable to lose assignments as the result of a crash of a computer, etc.
E. Participation: As a result of the small number of students in this seminar, it is my expectation that all students
come to class prepared to discuss class material. Consequently, I will require that all students keep a class journal
that they bring to class. Besides providing students a place to keep notes from class, students must use the journal to
take notes regarding the readings for each class. Simply, I expect that all student read the material assigned for each
class and take notes on that material. There should be a journal entry for each class completed before each class. I
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reserve the option of picking up the journal any time during the semester. I also reserve the right to lower a student’s
grade for failing to keep an up to date course journal.
F. Examinations: Students are expected to take the required Midterm and Final exams on the assigned dates.
G. Research Project: All students are required to complete a major research project as part of the seminar. The
topic of the project must focus on an ethical issue facing law enforcement in the United States. I must approve all
topics. Topics may not be changed without my prior approval. The requirements for the paper are as follows.
1.
2.
3.
4.
Twenty to twenty-five pages, double spaced, 12 font.
Modified in-text citations (APA) (author, year, page)
The use of a uniform Internet citation system including the date retrieved.
Reference page which includes citations for only those sources used in the paper. Not included as part of the
15 to 20 page text.
5. Project Time Line:
a. Annotated Bibliography: September 19, 2005
b. Thesis Statement: October 10, 2005
c. First Draft: November 1, 2005
d. Final Draft: November 28, 2005.
6. Paper Format: The paper must be divided into the following sections:
I. ABSTRACT OF THE TOPIC/HYPOTHESIS (ONE PAGE)
II. LARGER SIGNIFICANCE (THREE PAGES)
III: LITERATURE REVIEW (FIVE PAGES)
1. Books
2. Journals
3. Reports
4. Newspapers
5. Interviews
6. Interest Groups
IV. RESEARCH DESIGN/METHODOLOGY (TWO PAGES)
V: INITIAL FINDINGS (NINE TO TWENTY-THREE PAGES)
VI: REFERENCE PAGE
H. Topic List: The following are a list of possible topics for your research paper.
1. Federal Prosecution of corruption in state and local law enforcement agencies.
2. Improving police/community relations.
3. Recruitment, selection and evaluation of uniformed law enforcement officers.
4. Stress related issues and law enforcement personnel.
5. Community policing
6. Non deadly force reform.
7. Police interrogation issues.
8. Eye witnesses identification issues.
9. Women in law enforcement.
10. Representation of indigent clients/ineffective defense council.
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11. Death penalty reform.
12. Police race relations.
13. Drug decriminalization
14. Victimless crime decriminalization
15. Racial profiling
16. Disciplining law enforcement officers.
17. Gun control/citizen’s rights.
18. Sexual predator reform.
19. Use and misuse of informants.
20. Sentencing guidelines, fairness and due process.
21. Witness protection programs.
23. Municipal police corruption/select a specific city.
24. Domestic violence and police officers.
25. Mental health issues facing law enforcement officers.
26. Domestic Violence and Law Enforcement Discretion.
I. Cases Briefs: During the semester you will be expected to read summaries of a number of Supreme Court cases.
Please make use of Oyez.com and findlaw.com to access these cases. It is strongly recommended that students brief
these cases. However, students are not required to submit case briefs as part of course requirements.
Evaluation Criteria:
1. Research Paper:
2. Midterm Exam
3. Final Exam (Comprehensive)
4. Participation
5. Quizzes: Bonus Points
40%
20%
25%
15%
5%
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Note: The percentage of grade distribution is subject to change.
I. OVERVIEW OF PUBLIC SERVICE ETHICS AND PUBLIC INTEGRITY MANAGEMENT:
Session One: August 29: Seminar Objectives and Requirements:
Session Two: August 31: Defining Administrative Ethics:
Required Readings:
– Harry W. Reynolds, Jr. Educating Public Administrators About Ethics. Annals of the American
Academy of Political and Social Science, 537: 122-138. Retrieve JSTOR.
Session Three: Sept. 2: Enforcing Administrative Ethics.
Required Readings:
– Mark W. Huddleston; Joseph C. Sands. Enforcing Administrative Ethics. Annals of the American
Academy of Political and Social Science, 537: 139-149. Retrieve JSTOR.
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Session Four: Sept. 5: Perspective on Law Enforcement Ethics and Integrity:
Required Readings:
– Delattre, pp. 1-40.
– Stephen J. Vicchio, Ethics and Police Integrity. FBI Law Enforcement Bulletin, July 1997. pp. 8-12.
Retrieve. WilsonWeb.
– Bob Harrison, Noble Cause Corruption and Police Ethic. FBI Law Enforcement Bulletin, August 1999: 1-7.
Retrieve. WilsonWeb.
Session Five: Sept 7: Ethical Problems Faced By Law Enforcement Professionals:
Required Readings:
– Delattre, pp. 44-61.
Session Six: Sept. 9: Ethical Problems Faced By Law Enforcement Professionals.
– Tom Barker, Police Ethics: Crisis in Law Enforcement. 1998.
II. BALANCING THE RIGHTS AND RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS:
A. Constitutional Rights of Public Servants:
Session Seven: Sept. 12: The First Amendment and the Freedom of Speech rights of Public Employees:
Required Readings:
– Delattre, Character and Cops, pp. 181-205.
– Edwin J. Delattre and Daniel L. Shofield, Combating Bigotry in Law Enforcement. FBI Law Enforcement
Bulletin, 65. June 1996: 27-32. Retrieve Wilson Web
– Shannon P. Duffy, Police Officer’s Talk About Probe by FBI Not Protected Speech. The Legal
Intelligencer, October 23, 2003, 1. Retrieve LexisNexus
Required Cases:
– Pickering v. Board of Education, 391 U.S. 563 (1968).
– Connick v. Myers, 461 U.S. 138 (1983).
– Rankin v. McPherson, 483 U.S. 378 (1987).
– Waters v. Churchill, 511 U.S. 661 (1994).
Session Eight: Sept. 14: Freedom of Association Rights of Public Employees:
Required Cases:
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– Elrod v. Burns, 427 U.S. 347 (1976).
– Abood v. Detroit Board of Education, 431 U.S. 209 (1977).
– Branti v. Finkel, 445 U.S. 507 (1980).
– Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990).
Session Nine: Sept. 16: The Liberty Interests of Public Employee. The Regulation of On-Duty Conduct:
Required Readings:
– Don. A. Cozzetto; Theodore B. Pedeliski, Privacy And the Workplace: Technology and Public Employment.
Public Personnel Management, Winter 1997, p. 515-528. Retrieve Expanded Academic.
Required Cases:
– Kelly v. Johnson, 425 U.S. 347 (1976).
– McCarthy v. Philadelphia Civil Service Commission, 424 U.S. 645 (1976).
Session Ten: Sept. 19: The Privacy Rights of Public Employees in the Public Workplace.
Required Readings:
– Michael J. Bulzomi, The Workplace Privacy of Law Enforcement and Public Employees. FBI Law
Enforcement Bulletin 67. June 98: 27-32.Retrieve WilsonWeb Omni File
Required Cases:
– O’Connor v. Ortega, 480 U.S. 709 (1987).
– National Treasury Employee Union v. Von Rabb, 489 U.S. 656 (1989).
Session Eleven: Sept 21: The Off-Duty Conduct of Law Enforcement Officers.
Required Readings:
– Olson, Lise, Houston Critics Say Off-Duty Policeman Shouldn’t Do Security Work at Bars.
Knight Ridder-Tribune Business News. Lexis Nexus
– Michael J. Bulzomi, Constitutional Authority to Regulate Off-Duty Relationships. Recent Court
Decisions. FBI Law Enforcement Bulletin 68. April 99: 26-32. Retrieve WilsonWeb Omni File
– William U. McCormack, Managing Relations Between the Sexes in a Law Enforcement
Organization. FBI Law Enforcement Bulletin 64: Ja. 97: 27-32. Wilson Web Omni File
Required Cases:
– City of San Diego v. Roe (2004)
– Barnes v. City of Cincinnati, 2005 U.S. App. LEXIS 4607 (2005).
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Session Twelve: Sept. 23: The Off-Duty Conduct of Law Enforcement Officers:
Required Readings:
– Daniel Kruger, Michael McEachern, An Analysis of Arbitration Decisions Involving Off-Duty Conduct
of Public Employees. Government Union Review, Fall 1993: 29-46. Retrieve: ABI/INFORM
Session Thirteen: Sept 26: The Procedural Due Process Rights of Public Employees:
Required Readings:
– Daniel Schofield, Enduring Officer Integrity and Accountability. FBI Law Enforcement Bulletin.
August 1998: 29-32. Retrieve WilsonWeb
Required Cases:
– Board of Regents v. Roth, 408 U.S. 564 (1972).
– Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985).
– Gilbert v. Homar, 520 U.S. 294 (1997).
Session Fourteen: Sept 28: The Fifth Amendment, Self Incrimination and the Public Employee:
Required Readings:
– Kimberly Crawford, Compelled interviews of public employees. FBI Law Enforcement Bulletin,
May 1993, 62, May 1993, pp. 26-33. Retrieve. Infro Trac Expanded Academic
– Mark Dreux, Prosecuting Individuals for false statements. Occupational Hazards. Oct. 1994. 193-196.
Retrieve: ABI/INFORM
– False Statements Act: http://www4.law.cornell.edu/uscode/18/1001.html
Required Cases:
– Garrity v. New Jersey, 385 U.S. 493 (1967).
– Gardner v. Broderick, 392 U.S. 273 (1968).
– Lachance v. Erickson, 522 U.S. 262 (1998).
III. SUING GOVERNMENT AND GOVERNMENT LAW ENFORCEMENT OFFICERS:
A. The Sovereign Immunity Doctrine:
Session Fifteen: Sept. 30: Liability of the Federal Government: The Federal Torts Claims Act.
Required Cases:
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– Dalehite v. United States (1953).
– United States v. Varig Airlines, 427 U.S. 445 (1984).
– Berkovitz v. United States, 486 U.S. 531 (1988).
Session Sixteen: Oct. 1: State Sovereign Immunity: The Governmental/Proprietary Distinction:
Required Cases:
– Bobby Niese v. City of Alexandria, 264 Va. 230 (2002).
– City of Chesapeake v. Helen Cunningham, 268 Va. 624 (2004).
Session Seventeen: October 5: Municipal Liability for Constitutional Torts: Section 1983:
Required Readings:
David Rosenbloom, (1980). Public Administrators’ Official Immunity and the Supreme Court:
Developments during the 1970s. Public Administration Review, 40, 166-173. Retrieve
JSTOR.
Required Cases:
– Monell v. New York Dept. of Social Services, 436 U.S. 658 (1978).
– Owen v. City of Independence, 445 U.S. 622 (1980).
– Pembaur v. Cincinnati, 475 U.S. 469 (1986).
Session Eighteen: October 7: Failure to Protect; Duty to Train:
Required Cases:
– Deshaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989)
– City of Canton v. Harris, 489 U.S. 378 (1989).
– Castle Rock v. Gonzales (2005)
Session Nineteen: October 10: Title VII And Sexual Harassment:
Required Readings:
– William U. McCormack, Managing Relations Between the Sexes in a Law Enforcement Organization.
FBI Law Enforcement Bulletin 64. January 1995: 27-32. Retrieve Wilson Web
Required Cases:
– Harris v. Forklift Systems (1993)
– Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
– Pennsylvania State Police v. Studers, 542 U.S. 129 (2004).
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Session Twenty: October 12: From Absolute to Qualified Immunity for Constitutional Torts:
Required Cases:
– Stump v. Sparkman, 435 U.S. 349 (1978).
– Bivens v. Six Unknown Agents,
(1971).
– Harlow v. Fitzgerald, 457 U.S. 800 (1982)
Session Twenty-One: October 14: Application of the Clearly Established Constitutional Right Test:
Required Cases:
– Anderson v. Creighton, 483 U.S. 635 (1982).
– Wilson v. Layne, 526 U.S. 603 (1999).
– Hope v. Pelzer, 536 U.S. 730 (2002).
– Groh v. Ramirez, 540 U.S. 551 (2004).
Session Twenty-Two: October 17: Midterm Exam: Objective:
Session Twenty-Three: October 19: Midterm Exam. Essay
IV. BUILDING AND ETHICAL LAW ENFORCEMENT ORGANIZATION:
A. PROTECTING THE PUBLIC IMAGE OF THE POLICE:
Session Twenty-Four: October 24: Public Images of the Police:
Required Readings:
– Ethics Toolkit: The Public Image of the Police: Final Report to the International Association of Chiefs
Of Police. Retrieve. http://www.theiacp.org/profassist/ethics/public_image.htm
Session Twenty-Five: October 26: Issues Related to Public Image of the Police:
Required Readings:
– Ethics Toolkit:
B. ANTI-CORRUPTION PROGRAMS AND LAW ENFORCEMENT AGENCIES:
Session Twenty-Six: October 28: Police Gratuities. The Ongoing Debate.
Required Readings:
– Delattre, Character and Cops, pp. 63-79.
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– Tim Prenzler and Peta MaCay, Police Gratuities: What the Public Think. Criminal Justice Ethics. 14.
Wint/Spr 95: 15-25. Retrieve Wilson Web.
– Mike White, The Problem With Gratuities. FBI Law Enforcement Bulletin. 71. Jl 2000, 20-23.
Retrieve. Wilson Web
Session Twenty-Seven: October 31: Police Gratuities. What is the solution?
Required Readings:
– Stephen Coleman, When Police Should Say “No!” to Gratuities. Criminal Justice Ethics. 23.
Wint/Spr 2004: 33-44. Retrieve Wilson Web
– Richard R. E. Kania: The Ethical Acceptability of Gratuities: Still Saying “Yes” After All These Years.
Criminal Justice Ethics 23. Wint/Spr 2004: 54-63. Retrieve Wilson Web
– Jim Ruiz and Christine Bono, At What Price a “Freebie”? The Real Cost of Police Gratuities.
Criminal Justice Ethics 23: Wint/Spir 2004: 44-54.
Session Twenty-Eight: November 2: Overview of Police Corruption:
Required Readings:
– Delattre, Character and Cops, pp. 118-131, 132-146.
Session Twenty-Nine: November 4. How Law Enforcement Organizations Become Corrupt.
Required Readings.
– Neal Trautman, The Corruption Continuum: How Law Enforcement Organizations Become Corrupt.
Public Management 82, Je 2000: 16-20. Retrieve Wilson Web
– Maurice Punch, Police Corruption And Its Prevention. European Journal on Criminal Policy and Research.
September 2000, 301-324. Retrieve ABI/INFORM
Session Thirty. November 7: The Internal Affairs Function
– Sean F. Kelly, Internal Affairs: Issues for Small Police Departments. The FBI Law Enforcement Bulletin.
July 2003. 72. July 2003. Wilson Web.
Session Thirty-One: November 9: Federal Prosecution of Corrupt Law Enforcement Officers.
Required Readings:
– Tom Morgnthau, Why Good Cops Go Bad. Newsweek, December 19, 1994, p. 30. Lexis Nexus
– John R. Schafer, Color of Law Investigation. FBI Law Enforcement Bulletin 69. Aug. 2000. 15-20.
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C. LEADERSHIP AND CHARACTER FOCUSED ETHICS:
Session Thirty-Two: November 11: Ethics and Leadership.
Required Readings:
– Delattre, Character and Cops, pp. 96-117.
– Timothy J. O’Malley, Managing for Ethics: A Mandate for Administrators. FBI Law Enforcement Bulletin.
April 1997, 20-25. Retrieve Wilson Web.
Session Thirty-Three: November 14: Screening and Selection of Police Officers.
Required Readings:
– Delattre, Character and Cops, pp. 287-303.
– David A. Decicco, Police Officer Candidate Assessment and Selection. FBI Law Enforcement Bulletin 69.
December 2000, 1-6. Retrieve Wilson Web.
Session Thirty-Four: November 16: Is Better Screening the Solution:
Required Readings:
– Robert E. Cochrane, Robert P. Tett, Leon Vandecreek, Psychological Testing And The Selection of Police
Officers: A National Survey. Criminal Justice Behavior. 30. October 2003: 511-537. Retrieve
Expanded Academic.
Session Thirty-Five: November 18: Ethics Training As a Solution:
Required Readings:
– Delattre, Character and Cops, pp. 151-178.
– Joycelyn M. Pollack, Ronald F. Beckler, Ethics Training: Using Officers’ Dilemmas. FBI Law Enforcement
Bulletin. November 1996. 20-27.
Session Thirty Six: November 21: Ethics Training Continued.
Required Readings:
– Tim R. Jones, Police Ethics Training: A Three-Tiered Approach. FBI Law Enforcement Bulletin,
June 1995. 22-26.
Session Thirty Seven: November 28: Disillusionment And the Law Enforcement Officer:
Required Readings:
– Delattre, pp. 205-212, 212-216
Session Thirty Eight:
November 30: Disillusionment And the Law Enforcement Officer.
Required Readings:
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– Delattre, pp. 260-285.
Session Thirty-Nine:
December 2: Ethics in the Future of Policing:
Required Readings:
– Delattre, Character and Cops, pp. 305-338.
Session Forty:
December 5: Project Reports
Session Forty-One:
December 7: Project Reports
Session Forty-Two:
December 9: Project Reports
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