| Course Information | Syllabus | Supplemental Information |
|---|---|---|
| Description | Textbook | Time | Place | Grading | Instructor | Week | Date | Agenda | Reading | Quizzes | Movie List | Research Links | Policies |
| Criminal Violence and the Courts | Updates: 12/26/00: Started this Web page. Please check back here for new information. |
|
|
| This is an advanced level college course in sociology. | ||
| Course #: SOC 705A--SPRING 2001 | Textbook:
Author: Sue Titus Reid, Florida State University---Tallahassee Additional Reading: The hyperlinks in the syllabus below, additional research links below, class handouts and the CNR's Criminal Justice Library In this class, approximately 300 pages of reading is required. (Don't panic: there are plenty of charts and pictures in the textbook.) You are responsible for all the reading. Quizzes and exams may test any of the reading whether or not mentioned in class. Obviously, all reading assignments should be completed prior to class. | Convenes: Thursdays, 10 a.m. to 2 p.m. |
| Description: 6 Credits. "This seminar will analyze the social and socio-political structure of the United States court system with a particular emphasis on the ways in which the courts deal with the problem of criminal violence. Students will explore the organization and function of the various courts and their interrelationships in dealing with the perpetrators of violent crimes. Topics to be discussed include, a sociological profile of the violent criminal, lawyer assignments, sentencing, the death penalty and its effect on court proceeding, and the effect of mass media on court deliberations. A Life Arts Project ("LAP") is required. Prerequisites: The Criminal Justice System or equivalent." | Campus:
332 East 149 Street | |
| Grading: % | Participation: Failure to sit for a test, turn in a paper or complete a project means the score is zero. No make-up tests, papers or projects will be given. The purpose of the tests, papers and projects are twofold: (1) to test for retention and comprehension of the subject matter; and (2) to evince class attendance and participation. 15% | Quizzes: There are 6 quizzes scheduled for this class. Each quiz is worth 5 points. Generally, the quizzes will be no more than 5 multiple choice questions; however, the quizzes may take other forms. The three lowest quiz scores are dropped [see extra credit below]. Accordingly, the quizzes will amount to 15% of a student's total grade in the course. 20% | Research Paper: There will be 2 take-home assignments requiring research and writing to satisfy the research paper requirement. Each is worth 10 points. 20% | Midterm Exam: All topics covered in class up to this point will be tested. Details about the format to be announced. It will likely be 10 multiple choice questions. 20% | Final Exam: All topics covered in class from the midterm to this point will be tested. Details about the format to be announced. It will likely be 10 multiple choice questions. 25% | LAP: This component of the course will be explained after February 9th when the college instructs the adjunct faculty how to shepherd the students. The score will be 25 points divided 15 and 10 between a written report and an oral presentation in class. % | Extra Credit: These opportunities shall be limited to those announced at the instructor's sole discretion. To date, the following have been counted toward the final grade: 3 additional written assignments and the 3 extra quizzes [see quizzes above]. | Instructor: Michael J. Gregorek, J.D. Email: Michael@Gregorek.com Recent Biographical Data: Michael J. Gregorek is an attorney, an administrative law judge, an arbitrator, a court evaluator and an adjunct professor. Judge Gregorek is admitted to the Bar in New York. He maintains a private legal practice in Manhattan. His practice includes suits and contracts involving admiralty, animal welfare, business, estates and intellectual property law to name a few. Overall, he has twelve years of experience practicing in city, state and federal courts, administrative tribunals and private arbitrations. Judge Gregorek received a Bachelor of Arts from the State University of New York at Binghamton and a Juris Doctor from Hofstra University School of Law. He has been invited to instruct law students on trial techniques at Hofstra Law. He has also been invited to design and teach a course on law and ethics to graduate students at the New York Institute of Technology. | |
|
| ||
|
|
| SPRING 2001 SYLLABUS | ||||
| Class | Date | Agenda | Chap. | Test |
| 1 | Jan. 25 | An Introduction to Criminal Law | Legal Research | Movie: Judge Dredd | B | Q1 |
| 2 | Feb. 1 ç | Defining Crime and Punishment | Human Nature | 1 | |
| 3 | Feb. 8 | Criminal Justice System | Criminal System Map | Court Structure | Criminal Procedure |
| |
| 4 | Feb. 15 | Elements of Crime I | Distinguish Evidence from Elements | Movie: 12 Angry Men Course Development | Life Arts Project defined | 2 | Q2 |
| 5 | Feb. 22 | Elements of Crime II | Jury Instructions | R1 | |
| 6 | Mar. 1 | Anticipatory Offenses and Parties to Crimes | Movie: The Accused | 3 | Q3 |
| 7 | Mar. 8 | Defenses to Criminal Culpability: Part I and II Propose Life Arts Project | 4 & 5 * | |
| 8 | Mar. 15 ç | Mid-Term Examination | Mid-Term Evaluation | Life Arts Project approved | M | |
| 9 | Mar. 22 | Life Arts Project | Group Discussion | L | |
| 10 | Mar. 29 | Life Arts Project | Group Project | L | |
| 11 | Apr. 5 | Death Penalty I | Scottsboro Cases | Movie: A Time to Kill | 12 | Q4 |
| 12 | Apr. 12 | No Class | Field Trip | L | |
| 13 | Apr. 19 ç | Death Penalty II | Judge Ronnie White | Sentencing | Collateral Consequences of Criminal Conduct | Movie: To Kill a Mockingbird | 12 | R2 |
| 14 | Apr. 26 | Crimes against the Person: Part I (Homicide) | 6 | Q5 |
| 15 | May 3 | Crimes against the Person: Part II (Rape) | 7 | Q6 |
| 16 | May 4 | No Class | Field Trip | L | |
| 17 | May 10 | Completed Life Arts Project due | Review Course Content for Final Exam |
| L |
| 18 | May 17 | Final Examination | Review Answers |
| F |
| Suggested TV viewing for discussion in class: Law & Order every Wednesday at 10 P.M. on Channel 4 (NBC) and Arrest and Trial every weekday at 7:30 P.M. on Channel 9 (UPN). * The summaries at the end of chapters 4 and 5 are required reading, to wit: starting at page 117 and 155, respectively. ç The school has scheduled a faculty meeting on these three days beginning at 10:00 A.M. running one half hour, which pushes the start of class to 10:30 A.M. on these three days. Q = Quiz (1-6) | R = Research Paper (2) | M = Mid-Term Examination | F = Final Examination | L = Life Arts Project | ||||
|
|
| LIFE ARTS PROJECT | ||
| Social Work Prosecution | ||
|
|
| |
| Summary of the LAP: The LAP requirement for this course will be satisfied by a group project. We will work on a real case with issues analogous to the issues in this class. The title of this LAP is Social Work Prosecution. In a criminal prosecution, the the accused's liberty is threatened with the criminal law. In a "social work prosecution," the accused's liberty is threatened with the social services law. Each student will participate in one field work project and one field observation, which they can choose from a list of projects and observations, infra. These projects and observations will last approximately 3 1/2 hours each. The syllabus is adjusted to reduce the number of classroom days from 18 to 16 to compensate for the field assignments. Students will be impacted by the issues of criminal violence and the courts by the analogous issues of Social Work Prosecution. We will work in a case where mental impairment is not the defense, it is the charge. The Department of Social Services is accusing our client of mental impairment. In our lesson about defenses, we discussed how the courts define insanity differently from the psychiatric field. We will come face to face with this difference. Our client's liberty, like in a criminal prosecution, is in jeopardy. Like a criminal case, our client was entitled to have a lawyer appointed for him. The level of proof and the pace of the proceedings (how fast the case moves) are also similar to the high standards of a criminal case. This is not a mock trial. Responsibility for the outcome will be felt as students engage themselves advocating for the client. The field work is designed to impact students with the hardships of representing someone, whether as their lawyer, caseworker, parole officer, etc. The field observations are designed to reveal to students the impact of their field work. Students will be explained how to write professional reports. At least two reports will be written by each student. These reports will serve as the written component of their LAP.* The students will then give an oral report in a setting similar to a board of directors meeting, law firm partner meeting, or other such. These oral reports will serve as the oral component of their LAP. *Special Note: To accommodate the needs of the class, the two reports shall be treated as extra credit. In their place, an 8 to 12 page paper (double spaced with one inch margins) shall be required of each student. The paper can include expanded accounts of your field assignment experiences, private experiences, comparisons between criminal and social prosecutions, insanity definitions, citations, etc. See below for additional details. Note well, because this case is real, you will not actually be allowed to participate, hear or see any privileged information that could jeopardize the client's case, privacy or dignity. However, the client has consented to students being allowed to do the field work and observations below. Your assistance is needed and appreciated. | ||
| Field Work: Because I am a practicing lawyer, I was able to arrange several opportunities for students to be involved in field work. First, since each student has expressed an interest in paralegal activities, social work, or parole services, to name a few, the field work will be skewed toward assignments that confront each student with the realities of such careers. Second, at this academic level we cannot work in a case involving criminal violence, so we will do the next best thing--which is gain experience working in a case with analogous issues and concerns. Third, a variety of legal restrictions must be observed for the protection of the real life client and yourselves. Your work, although important, will be for academic credit and experience. Each student must choose one field work project from the list below. Each student will receive instructions prior to and during their field work. Each student will be supervised by a professional. Each student will get hands on experience. Each student will then write a report. The report must be in a form that shows professionalism. Unlike Judge Dredd (Lesson #1), the court does not ordinarily come to the evidence. As Defense Lawyer Leibowitz did for the nine black youths accused of rape--and facing the death penalty--in the Scottsboro case (Lesson #11), you must examine every piece of evidence, interview every witness, and exhaust every lead to bring the evidence to the court. Unlike the result of the Hollywood depiction of a capital murder trial in a Time to Kill (Lesson #11), clever words from a lawyer are not enough in real life. (Or are they? "If it does not fit, you must acquit.") Returning to our analogy of Judge Dredd, your visit to a crime scene or with a defendant can be quite unpleasant. You must stay long enough to gather facts to relate back to the court. For example, being a social worker is a demanding job. You must travel to your client. Your client may live in a bad neighborhood in a walk up building without heat or electricity under unsanitary conditions. You have to put aside your feelings of fear, revulsion or prejudice and get to know your client. In our class, we will discuss cases where we feel that the criminal defendant accused of a violent crime has been treated unfairly. However, there can be no justice for such a client unless you as his lawyer are willing to walk in the client's shoes. | ||
| Field Observation: Our real life case has court hearings scheduled in different courthouses with different parties. We will see how the structure of the court system makes a difference (Lesson #3). We will see how the City of New York--the plaintiff in two of the court cases--is represented by different lawyers with different focuses; and how they do or do not cooperate with each other. Each student must choose one field observation from the list below. Each student will be accompanied by me. Each student must dress appropriately, conduct themselves appropriately and not interfere with the proceedings. Each student may have the opportunity to meet the judge and participate, but this is not guaranteed. | ||
| Written Reports: As noted above, each student will be required to make a written report regarding both their field work and field observation. The reports will be in a style used by professionals in the field of social work, parole, law enforcement, investigation, etc. During one of our classroom days, we will discuss the proper form and style of professional memoranda. These reports will amount to 15% of your LAP grade.* *Special Note: To accommodate the needs of the class, the two reports (described in the preceding paragraph) shall be treated as extra credit. In their place, an 8 to 12 page paper (double spaced with one inch margins) shall be required of each student. The paper can include expanded accounts of your field assignment experiences, private experiences, comparisons between criminal and social prosecutions, insanity definitions, citations, etc. In those papers, students are encouraged to suggest a defense plan and a fair resolution in our sample case, and guidelines for future cases. | ||
| Oral Reports: As noted above, each student will be required to make an oral report regarding both their field work and field observation.** The reports will be in a style used by professionals in the field of social work, parole, law enforcement, investigation, etc. During one of our classroom days, we will discuss the proper form and style of professional presentations. These reports will amount to 10% of your LAP grade. **Special Note: To accomodate the needs of the class, the oral report may include private experiences, comparisons between criminal and social prosecutions, insanity definitions, citations, etc. However, the key issue of the oral reports will be on developing a defense plan and proposing acceptable resolutions in our specific case. We will then discuss establishing guidelines for other cases like this one--guidelines that will likely lead to successful resolutions. | ||
|
|
| |
|
|
| |
| Field Work (pick one date) | Mar. 23 Fri | Court Ordered Monitoring of Repairs to Respondent's Residence | Collect Evidence | Examine Apartment, Building, Block, and Area | Interview Respondent, Neighbors, Building Personnel, Repairmen, and Investigator | Prepare Reports for Court (called "proffers"). |
| Mar. 26 Mon | ||
| Mar. 27 Tue | ||
| Apr. 3 Tue | Court Ordered Review of Subpoenaed Records at Third Party's Attorney's Office | Count Records Received, Copied and Returned | Note Records Missing | Prepare Report | |
| Apr. ___ | Negotiated Review of Records at Third Party's Attorney's Office | Count Records Received, Copied and Returned | Note Records Missing | Prepare Report | |
| Field Observation (pick one date) | Apr. 6 (Fri) 9:30a | Attend Court Hearing as Intervening Party | 111 Centre Street, Courtroom 526, NYC | Meet Judge Margaret P. McGowan | Prepare Report |
| Apr. 16 (Mon) 2:30p | Attend Court Hearing as Responding Party | 60 Centre Street, Courtroom 540, NYC | Meet Justice Diane A. Lebedeff | Prepare Report | |
| Apr. 17 (Tue) 2:15p | Attend Court Hearing as Intervening Party | 111 Centre Street, Courtroom 526, NYC | Meet Judge Margaret P. McGowan | Prepare Report | |
|
|
| |
|
|
| |
|
|
| Movies | Research Links | Policies |
 Judge Dredd 1995 (96 Mins.) Judge Dredd (Sylvester Stallone): I am the Law. This sci fi movie exaggerates key aspects of our criminal justice system exposing flaws as well as strengths. Extrapolation, like thinking out your next move in a chess game, can reveal pitfalls. This movie should encourage you to extrapolate the consequences of laws, rules and procedures as well as the consequences of the absence of them too. | Online Legal Search Engines/Portals | Following is a partial summary of items that the college wants the students to be made aware of: •Prohibitions •Attendance •Tutoring Prohibited: The following are prohibited from being brought, used or done in the classroom: Children, visitors, food, drink (excluding water), serial killers, phones, beepers, radios, electronic games, smoking, and biological weapons Attendance: Three consecutive absences will result in the student being dropped from the class. Any student missing from class for a period of 60 minutes is deemed absent. (The student, however, is welcome to be in the classroom for any other part of the class and take for credit any quizzes or exams as and when they are administered.) Tutoring: Tutoring is available through the Access Center Lab. Additional rules, regulations, and information is provided by the college. Students are required to adhere to them even if a particular prescription is not restated here. |
 12 Angry Men 1957 (96 Mins.) Findings of Fact v. Applying the Law. This movie gives a glimpse into the behind the scenes workings of the fully tried case. The jury brings prejudice, common sense and human error along with the duty to make findings of facts and apply the law into deliberations. This movie picks up where the trial leaves off. The judge charges the jury (explains the law) after all the evidence is presented. The jury is then sequestered to deliberate. A jury can sit through an entire trial not knowing the specific elements of a crime. Applying the law is the critical phase in the jury deliberations that is overshadowed by the process of presenting and finding the facts. Without knowing what the law is, how is the jury suppose to know which facts it should have been listening for during the trial? | Law Libraries | |
 The Accused 1988 (106 Mins.) This movie is based on actual events. This movie dramatizes the culpability of parties to a violent crime like rape, even parties that never touch the victim. | NY Courts and Law | |
 To Kill a Mockingbird 1962 (129 Mins.) Atticus Finch (Gregory Peck): We'll appeal. Don't lose hope. Justice: What do you appeal when the system supposedly worked but the result is wrong? The Scottsboro case offers us two answers. This movie adapts courtroom scenes from the Scottsboro case. In particular, note where witnesses sit (in front of the judge instead of to the side), the demeanor of the accusing witness (defiant), and the questioning of the accused (racial prejudice even in the way the defendant is spoken to by his own lawyer). This movie also extrapolates, like Judge Dredd did, by asking the question: how would the Scottsboro case be decided if the defense lawyer was not an outsider but a respected man from the community? | Federal Government | |
 A Time to Kill 1996 (149 Mins.) Carl Lee Hailey (Samuel L. Jackson): Yes, they deserved to die! I hope they burn in hell! Death Penalty: Vigilante Justice v. State Execution. This movie dramatizes the many exceptions to Thou Shalt Not Kill as two views clash, to wit: while opposed to the death penalty, an abolitionist (Sandra Bullock) urges a defense lawyer to argue that a double homicide of two rapists was justified. | Legal Writing and Reading Aids | |
|
|
| All the forgoing information is subject to change. Additional details will be provided by me. |
| For optimal viewing, use Microsoft's Internet Explorer. Some hyperlinks that move you up or down within this Web page may not work with Netscape. |
| If you are being plagued by banner ads and frames right now, click here to break out and away. |
|
| © 2000, 2001 Michael J. Gregorek, Esq. | ||