As promised, below are the lecture notes on the biological and psychological theories of criminal behavior. PLEASE INCORPORATE THIS MATERIAL IN YOUR CLASS NOTES, BECAUSE I WILL ASK SOME QUESTIONS ABOUT IT ON THE UPCOMING MIDTERM EXAM AND IT MAY BE OF SOME USE ON YOUR FIRST SHORT ESSAY.
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BIOLOGICAL AND PSYCHOLOGICAL THEORIES
A. The following brief overview of biological and psychological theories of criminal behavior is not intended to be comprehensive or exhaustive. By treating these theories so briefly, I do not mean to imply that they are not worth careful consideration. My main intention is to present these theories as a COUNTERPOINT or CONTRAST to the various sociological theories which, of course, emphasize the role of SOCIAL forces over and above any aspects of our biological or psychological make up.
B. Lombroso and the Early Biological Theories
1. The classical school of criminology (i.e., deterrence) was dominant up until the late 19th century when what is known as "biological positivism" took hold, which directly challenges the notion that crime is rational behavior. (In fact, I would go as far as to suggest that biological and psychological theories see criminal behavior as a product of some biological or mental DEFECT or ABNORMALITY, rather than ordinary, rationally-calculating individuals.)
2. The early biological criminologists viewed criminals as a distinct set of people who were biologically inferior to law-abiding citizens, or inherently defective in some way. Pre-eminent among them was Cesare Lombroso, a self-described "medical anthropologist" and physician, who wrote "The Criminal Man" in 1876, which, despite its major flaws, went through 5 editions. He has been considered the "father of modern criminology" because he used a scientific methodology to study criminals (and NOT because of the stength of his theory).
3. In his research, Lombroso compared Italian prisoners (representing the criminal population) with soldiers (representing the "normal" population). He found that the prisoners shared distinctive physical traits or abnormalities which identified them as being a "born criminal type" -- really throwbacks to primitive man. Traits such as asymetry of face or head, large ears, receding chin, twisted nose, etc.
4. There is an obvious problem with both of the samples he used: prisoners do NOT represent all criminals and even worse, soldiers are in no way representative of the normal population. Indeed, that was largely the basis of Charles Goring's refutation of Lombroso in his 1913 book, "The English Convict." Goring took a much broader sample of the normal or non-criminal population and found no significant physical differences with English convicts.
5. Despite Goring's rather thorough critique, Lombroso's idea did not die. It was resurrected by E.A. Hooten in 1939, who argued that criminals are basically "organically inferior." (Indeed, Edwin Sutherland, the father of American criminology, developed his theory of DIFFERENTIAL ASSOCIATION in part as a critical response to Hooten. Sutherland also pioneered the field of white collar crime, which suggested that only focusing on street criminals was inadequate.)
C. More modern biological theories
1. By the 1950s, biological theories in criminology had pretty much been discredited. Sociological theories were coming into vogue. But biological theories did not die but were resurrected and have become more sophisticated due to our increasingly sophisticated understanding of human physiology and genetics.
a.) For example, in the 1960s biological explanations got a short-lived boost from the "XYY super-male criminal theory" -- that an additional Y chromosome makes an individual more volatile and aggressive. But, among other problems, it was found that only a small proportion of XYY males commit crimes of any kind (lots of exceptions, that is), and there was no evidence that the XYY syndrome is the specific cause of any criminal behavior. (And that is not to mention that female criminals were overlooked.)
2. Modern biological theories of crime and delinquency, often based on advances in genetics, brain function (eg. serotonin levels in the brain), neurology, biochemistry, are considered more respectable, despite some methodological problems. These theories are clearly more sophisticated than the early, simplistic BIOLOGICAL DETERMINISM (biology is destiny, that is) of people like Lombroso. They acknowledge the role of other social factors, and largely relegate biological factors to the role of PROPENSITIES or PREDISPOSITIONS (that is, biological factors may PREDISPOSE someone to commit a crime but they do NOT DETERMINE that someone will commit a crime).
D. Policy implications of biological theories
1. Older, more deterministic theories would lead to more drastic measures, such as "selective breeding," which Hooten acually suggested, or completely isolating these born criminals in prison, or executing them, since they were biologically determined to commit crime.
2. Contemporary biological theorists support dietary therapy, genetic counseling, drug therapies, but they would also support changes in the social environment. In this context, you would still have to deal with the problem of "false postiives," that is, people who may have these criminally-prone biological characteristics but who do not commit crimes. Often talking about 50% or more, not just a few exceptions. So, would early (preventive) intervention with some drug therapy be justified if half of those receiving it really did not need it?
E. Psychological Theories
1. One type of psychological theory that was more popular some years age when PSYCHOANALYSIS was more in vogue, is the PSYCHOANALYTIC theory based on Freud's view of the human psyche, consisting of: id, ego, superego. Without getting very specific, one could say that the psychoanalytic explanation relies heavily on the existence of irrational, unconscious motivations (id) not being properly handled or controlled by other aspects of the psyche (ego, and especially, superego or conscience). Or, the flip side would be an overbearing superego which would give rise to "repressed sexuality," or excessive guilt.
(a) It is difficult to assess the empirical validity of psychoanalytic theories because they rely on a careful examination of individual cases by a trained psychoanalyst, and however compelling they may seem, you cannot extrapolate to the larger population. It is difficult to replicate and independently verify the psychoanalyst's diagnosis.
2. Then you have what could be called PERSONALITY theories. Here you are dealing with more conscious, observable (measurable) aspects of personality. The basic proposition being that criminals have abnormal, inadequate or specifically criminal personality traits that set them apart from law-abiding people. This would include traits such as aggressiveness, impulsiveness, sensation-seeking, risk-taking, etc. (although we should also acknowledge that these traits do NOT necessarily manifest themselves in criminal behavior.)
(a) Apparently, research on the causative effects of such personality traits on criminal and deviant behavior has been INCONSISTENT.
(b) You also run into the problem of TAUTOLOGY (circular argument or true by definition and therefore incapable of being disproven). For example, psychopathic personality being measured, in part, by a prior history of criminal and deviant behavior, which would make the theory that a psychopathic personality leads to criminal behavior true by definition.
3. Psychological counseling of various kinds is widely employed in delinquency prevention and treatment programs, as well as in virtually every residential and non-residential facility for treating criminal offenders. But the effectiveness of such counseling has not been demonstrated, which would suggest perhaps that psychology is not the problem but something else needs to be addressed.
FINAL CRITICAL OBSERVATION ABOUT BOTH BIOLOGICAL AND PSYCHOLOGICAL THEORIES:
I believe neither theory by itself (or even combined in some way) can offer an adequate explanation for criminal behavior for the basic reason that: THE INDIVIDUAL IS NOT A SEPARATE AND DISTINCT BIOLOGICAL OR PSYCHOLOGICAL BEING. INDIVIDUALS ARE ALSO SOCIAL AND CULTURAL BEINGS. That is to say, the individual is really a system of relations which includes the social and cultural dimension as well as the biological and psychological dimensions. Also, given the fact that crime is a matter of social definition, that would suggest that the social dimension is ultimately more important than the biological or psychological in explaining criminal behavior.
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That's all for now.
Wednesday, September 29, 2010
Monday, September 27, 2010
First Family Activity: Crime Types Chapter Reports
As I mentioned last week, we are going to be dividing the class up into five "families" first thing tomorrow (Tues. 2/28). Once everyone knows which family they will be working with, we will then have each family choose a chapter in "Crime Types" to report on to the rest of the class, and we will do that on Thursday, 9/30, of this week. Since there will be five families, that means you will be covering five chapters in that book and I will cover the rest. Each family will then read and prepare an oral report on their chapter. Plan on taking roughly 30 minutes to cover each chapter and make sure that each family member contributes to this oral report. In these reports I want you to address the following:
(1) A general overview of the chapter, including the selected articles. Please DO NOT TRY TO COVER EVERYTHING because that would take too long. Focus on main points and a few supporting examples and statistics.
(2) Draw out at least a couple connections to the theories of criminal behavior that I am currently presenting in class lecture. And by "connections" I mean not only things which support a particular theory, but also points which may go against or contradict a theory.
(3) Identify implications of what you have learned about your crime type which may have some use in developing strategies for controlling or reducing that type of criminal behavior.
(4) Finally, I want each family to submit to me in writing (or via email) TWO SHORT-ANSWER EXAM QUESTIONS (and answers) which I may use on either our upcoming midterm exam or the final exam (if we cover that chapter after the midterm exam).
After I know which chapter each family will be reporting on (and I will give you some time in class to discuss how you will divide up responsibilites), I will make up a schedule and post it on this blog. I anticipate that we will not finish this exercise until after the midterm exam, which will be coming up in a few weeks. LET ME ALSO STRESS, HOWEVER, THAT EVERYONE IS RESPONSIBLE FOR READING ALL OF CRIME TYPES, NOT JUST THE CHAPTER YOU HAVE TO REPORT ON. This activity is worth 7 points for all PARTICIPATING family members.
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ALSO CHECK THIS BLOG LATER TODAY FOR SOME LECTURE NOTES I PLAN TO POST ON BIOLOGICAL AND PSYCHOLOGICAL THEORIES
(1) A general overview of the chapter, including the selected articles. Please DO NOT TRY TO COVER EVERYTHING because that would take too long. Focus on main points and a few supporting examples and statistics.
(2) Draw out at least a couple connections to the theories of criminal behavior that I am currently presenting in class lecture. And by "connections" I mean not only things which support a particular theory, but also points which may go against or contradict a theory.
(3) Identify implications of what you have learned about your crime type which may have some use in developing strategies for controlling or reducing that type of criminal behavior.
(4) Finally, I want each family to submit to me in writing (or via email) TWO SHORT-ANSWER EXAM QUESTIONS (and answers) which I may use on either our upcoming midterm exam or the final exam (if we cover that chapter after the midterm exam).
After I know which chapter each family will be reporting on (and I will give you some time in class to discuss how you will divide up responsibilites), I will make up a schedule and post it on this blog. I anticipate that we will not finish this exercise until after the midterm exam, which will be coming up in a few weeks. LET ME ALSO STRESS, HOWEVER, THAT EVERYONE IS RESPONSIBLE FOR READING ALL OF CRIME TYPES, NOT JUST THE CHAPTER YOU HAVE TO REPORT ON. This activity is worth 7 points for all PARTICIPATING family members.
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ALSO CHECK THIS BLOG LATER TODAY FOR SOME LECTURE NOTES I PLAN TO POST ON BIOLOGICAL AND PSYCHOLOGICAL THEORIES
Wednesday, September 22, 2010
Passages Critical of Deterrence Theory
AS you recall, yesterday I lectured a bit on deterrence theory, and toward the end of class I hurriedly read through a couple passages that were critical of this theory. These passages come from a book entitled, "The Mythology of Crime and Criminal Justice" 4th ed.:
First passage,regarding "General Deterrence": "A simple test of deterrence is whether states or countries with the death penalty have lower homicide rates than those that don't. There is no evidence to indicate that this is true. The United States is the only Western democracy that retains capital punishment; it is also the country with the highest homicide rate in the industrialized world. Comparative analyses of regions within the U.S. reveal the same pattern. Southern states account for about 80 percent of all executions, and the South is the only region with a homicide rate above the national average. The homicide rate in states that have retained the death penalty is 6.6; the rate for non-death penalty states is 3.5." (p. 335)
Second passage: "Longer sentences for repeat offenders continue to be a political panacea for crime. It is an easy solution to sell because it seems logical. According to popular folk wisdom, severe punishment and the certainty of prison will deter crime. That may be commonsense logic, but it is wrong. The simple fact is that prison does not deter crime and severe sanctions probably increase the amount of crime in society. If prison terms deterred further criminality, we would expect that people who go to prison would be among those least likely to return there. However, the fact is that within 3 years of release from prison 47 percent were reconvicted for a new crime."
"So the commonsense logic of deterrence is neither logical nor sensible. It is based on a fundamental misunderstanding of both criminals and crime. For deterrence to work, the offender must be a logical actor who understands the consequences of criminal behavior, knows the penalties, and weighs the costs of crime against the benefits of crime. Logic and calm reflection are simply not parts of the crime equation. In addition, a sizable number of offenders are people without hope, living in desperate circumstances. They are the poor, the unemployed, the uneducated, and the socially alienated. Fear of prison is a relatively minor consideration when stacked up against the hopelessness of their day-to-day existence. Yet police and politicians continue to pledge eradication of mythical crime problems through more law and order and more punishment." (pp. 362-363)
This last passage could certainly also apply to a modern variation of deterrence theory known as "rational choice theory," which I will begin talking about first thing tomorrow (Thurs. 9/23). Hope to see everyone then.
PLEASE INCORPORATE THE ABOVE PASSAGES IN YOUR CLASS NOTES.
First passage,regarding "General Deterrence": "A simple test of deterrence is whether states or countries with the death penalty have lower homicide rates than those that don't. There is no evidence to indicate that this is true. The United States is the only Western democracy that retains capital punishment; it is also the country with the highest homicide rate in the industrialized world. Comparative analyses of regions within the U.S. reveal the same pattern. Southern states account for about 80 percent of all executions, and the South is the only region with a homicide rate above the national average. The homicide rate in states that have retained the death penalty is 6.6; the rate for non-death penalty states is 3.5." (p. 335)
Second passage: "Longer sentences for repeat offenders continue to be a political panacea for crime. It is an easy solution to sell because it seems logical. According to popular folk wisdom, severe punishment and the certainty of prison will deter crime. That may be commonsense logic, but it is wrong. The simple fact is that prison does not deter crime and severe sanctions probably increase the amount of crime in society. If prison terms deterred further criminality, we would expect that people who go to prison would be among those least likely to return there. However, the fact is that within 3 years of release from prison 47 percent were reconvicted for a new crime."
"So the commonsense logic of deterrence is neither logical nor sensible. It is based on a fundamental misunderstanding of both criminals and crime. For deterrence to work, the offender must be a logical actor who understands the consequences of criminal behavior, knows the penalties, and weighs the costs of crime against the benefits of crime. Logic and calm reflection are simply not parts of the crime equation. In addition, a sizable number of offenders are people without hope, living in desperate circumstances. They are the poor, the unemployed, the uneducated, and the socially alienated. Fear of prison is a relatively minor consideration when stacked up against the hopelessness of their day-to-day existence. Yet police and politicians continue to pledge eradication of mythical crime problems through more law and order and more punishment." (pp. 362-363)
This last passage could certainly also apply to a modern variation of deterrence theory known as "rational choice theory," which I will begin talking about first thing tomorrow (Thurs. 9/23). Hope to see everyone then.
PLEASE INCORPORATE THE ABOVE PASSAGES IN YOUR CLASS NOTES.
Friday, September 17, 2010
Looking Ahead to Next Week & Reminder
Next week we will be getting into the major theories of criminal and deviant behavior, beginning with Deterrence theory. As you know, I will be presenting that material in class lecture. It should take two weeks or so, and then around the beginning of October, we should be getting into our first book, Crime Types. Let me also add, that next Tuesday I will take out just a little time to comment on those handouts I gave you on Thursday. Both make good general points about how to approach the question of explaining crime.
REMINDER: As of this morning (Friday, 8AM), there were still two people who had not posted their comments about your explanations for criminal behavior. Please do so ASAP. And remember, as I noted in class yesterday, I am going to link this first exercise with the first short essay you'll be doing once we finish going over the major theories of crime.
See you next Tuesday.
REMINDER: As of this morning (Friday, 8AM), there were still two people who had not posted their comments about your explanations for criminal behavior. Please do so ASAP. And remember, as I noted in class yesterday, I am going to link this first exercise with the first short essay you'll be doing once we finish going over the major theories of crime.
See you next Tuesday.
Monday, September 6, 2010
Welcome & First Exercise
WELCOME to the blog that I have set up for this course, Sociology 220: Criminal and Deviant Behavior. We will be using this blog for a variety of activities this semester, which would include the following:
(1) For what I call "activities and exercises" in the course syllabus, such as the one described below. I may ask you to comment on some a video program I may show in class, on something in the assigned reading, etc.. Among these activities and exercises, you will be called upon to contribute questions for both the midterm and final exams, which will be posted on this blog. I may also use this blog to post descriptions of some of the short essays you'll be writing during the semester.
(2) I may use this blog on occasion to post lecture notes, if I get behind in class, and I will post passages from other sources which I may quote in class. Frequently, I will use this blog to follow-up on a class lecture or discussion to clarify or elaborate on a point I made in class. (BUT PLEASE DO NOT EXPECT THAT I WILL BE POSTING EVERYTHING I COVER IN CLASS ON THIS BLOG.)
(3) There may also be some extra credit opportunities for which I will ask you to post a comment on some outside lecture, film or article that is pertinent to the class.
(4) Finally, you, of course, are welcome to use this blog to comment on or ask questions on anything we cover in class.
When I do post an exercise I will always be sure to mention it in class and ask you to check the blog, but I would also suggest that you get in the habit of checking this blog once or twice a week even if I don't call your attention to it in class. This blog will be an important source that you will need to consult for both the midterm and final exams, not to mention the short essays and paper you'll also be doing.
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FIRST EXERCISE: Before we get into the various theories of criminal and deviant behavior, I'd like each of you to give me some of your own thoughts on this. Briefly state (in a paragraph) your own personal theory or ideas about what leads people to commit crime or why the crime rate may go up or down. This exercise is worth 3 activity points, and I'd like you to post your comment by WEDNESDAY, SEPT. 15TH.
(1) For what I call "activities and exercises" in the course syllabus, such as the one described below. I may ask you to comment on some a video program I may show in class, on something in the assigned reading, etc.. Among these activities and exercises, you will be called upon to contribute questions for both the midterm and final exams, which will be posted on this blog. I may also use this blog to post descriptions of some of the short essays you'll be writing during the semester.
(2) I may use this blog on occasion to post lecture notes, if I get behind in class, and I will post passages from other sources which I may quote in class. Frequently, I will use this blog to follow-up on a class lecture or discussion to clarify or elaborate on a point I made in class. (BUT PLEASE DO NOT EXPECT THAT I WILL BE POSTING EVERYTHING I COVER IN CLASS ON THIS BLOG.)
(3) There may also be some extra credit opportunities for which I will ask you to post a comment on some outside lecture, film or article that is pertinent to the class.
(4) Finally, you, of course, are welcome to use this blog to comment on or ask questions on anything we cover in class.
When I do post an exercise I will always be sure to mention it in class and ask you to check the blog, but I would also suggest that you get in the habit of checking this blog once or twice a week even if I don't call your attention to it in class. This blog will be an important source that you will need to consult for both the midterm and final exams, not to mention the short essays and paper you'll also be doing.
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FIRST EXERCISE: Before we get into the various theories of criminal and deviant behavior, I'd like each of you to give me some of your own thoughts on this. Briefly state (in a paragraph) your own personal theory or ideas about what leads people to commit crime or why the crime rate may go up or down. This exercise is worth 3 activity points, and I'd like you to post your comment by WEDNESDAY, SEPT. 15TH.
Monday, December 14, 2009
Family Questions for the Final Exam
Below are the questions I accepted from the families. Remember, these will be on the final exam.
BLACK FAMILY (Thomas, Natalie, Grant, Matt) 5 points
1. In the context of the discussion of the various drug cases in "Tulia," why did public defenders usually encourage their indigent clients to accept plea bargains?
(2)
ANSWER: Public defenders were poorly compensated for their efforts, only $400 per case, and so they were not motivated to do a good job. And they were also allotted only $500 for investigation purposes, which is grossly inadequate to properly defend someone. So, they usually spent their time trying to get the "best deal" for their clients.
2. Regarding "the most important lesson" to be drawn from "Gang Leader for a Day," the Black Family noted that: "the general lack of opportunities force many people to either work for the gangs or cooperate with them to make money to survive..." In a follow-up comment, how did I relate that to Prof. Ahrens' view of crime? (2)
ANSWER: that, as Ahrens stressed: there is little opportunity for legal, intelligent action in this disorganized world. And that it is this disorganized world that must be addressed in order to deal with the crime problem.
BLUE FAMILY (Marie, Meredith, Kit Jessica) 5 points
1. Why might auto theft attract the professional thief? (1)
ANSWER: There is only a 14% arrest rate, the lowest of any crime category.
2. What is a "fence," and why is this person significant for a certain type of crime? (2)
ANSWER: A fence is someone who buys and sells stolen goods, and this person is a crucial player in the crime of burglary. Without fences, burglars would have a hard time to get rid of the stuff they steal or turn it into cash.
GREEN FAMILY (Aubrey, Miya, Melanie, Sara, Jeremy) 5 points
1. What is the difference between what is called "real rape" and "simple rape?" (2)
ANSWER: Real rape is aggravated rape, involving violence and weapons, whereas simple rape is date or acquaintance rape and it often dismissed as "not real."
2. In the book "Tulia," who was the "mayor of Vigo," and what got him involved in the war on drugs? (2)
ANSWER: Gary Gardner, and he got involved when his son refused to submit to a drug test in school.
RED FAMILY (Wilson, John, Catherine) 5 points
1. After offering some reasons he would give an extraterrestrial to explain why certain drugs are illegal, what does Michael Pollan suggest (in "A Very Fine Line") might be the criteria for legal drugs? (2)
ANSWER: "A capital letter at the beginning of their names and a 'TM' at the end."
2. Identify any TWO things in Tom Coleman's background that should have disqualified him to be an undercover narcotics officer. (2)
ANSWER: Any two of the following: (a) he was openly racist, (b) was a pathological liar, (c) had an arrest warrant for theft and abuse of official property from a previous job in law enforcement, (d) he had walked away from debts, one of them over $6,900.
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That's all folks. See you Thursday afternoon at 2PM.
BLACK FAMILY (Thomas, Natalie, Grant, Matt) 5 points
1. In the context of the discussion of the various drug cases in "Tulia," why did public defenders usually encourage their indigent clients to accept plea bargains?
(2)
ANSWER: Public defenders were poorly compensated for their efforts, only $400 per case, and so they were not motivated to do a good job. And they were also allotted only $500 for investigation purposes, which is grossly inadequate to properly defend someone. So, they usually spent their time trying to get the "best deal" for their clients.
2. Regarding "the most important lesson" to be drawn from "Gang Leader for a Day," the Black Family noted that: "the general lack of opportunities force many people to either work for the gangs or cooperate with them to make money to survive..." In a follow-up comment, how did I relate that to Prof. Ahrens' view of crime? (2)
ANSWER: that, as Ahrens stressed: there is little opportunity for legal, intelligent action in this disorganized world. And that it is this disorganized world that must be addressed in order to deal with the crime problem.
BLUE FAMILY (Marie, Meredith, Kit Jessica) 5 points
1. Why might auto theft attract the professional thief? (1)
ANSWER: There is only a 14% arrest rate, the lowest of any crime category.
2. What is a "fence," and why is this person significant for a certain type of crime? (2)
ANSWER: A fence is someone who buys and sells stolen goods, and this person is a crucial player in the crime of burglary. Without fences, burglars would have a hard time to get rid of the stuff they steal or turn it into cash.
GREEN FAMILY (Aubrey, Miya, Melanie, Sara, Jeremy) 5 points
1. What is the difference between what is called "real rape" and "simple rape?" (2)
ANSWER: Real rape is aggravated rape, involving violence and weapons, whereas simple rape is date or acquaintance rape and it often dismissed as "not real."
2. In the book "Tulia," who was the "mayor of Vigo," and what got him involved in the war on drugs? (2)
ANSWER: Gary Gardner, and he got involved when his son refused to submit to a drug test in school.
RED FAMILY (Wilson, John, Catherine) 5 points
1. After offering some reasons he would give an extraterrestrial to explain why certain drugs are illegal, what does Michael Pollan suggest (in "A Very Fine Line") might be the criteria for legal drugs? (2)
ANSWER: "A capital letter at the beginning of their names and a 'TM' at the end."
2. Identify any TWO things in Tom Coleman's background that should have disqualified him to be an undercover narcotics officer. (2)
ANSWER: Any two of the following: (a) he was openly racist, (b) was a pathological liar, (c) had an arrest warrant for theft and abuse of official property from a previous job in law enforcement, (d) he had walked away from debts, one of them over $6,900.
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That's all folks. See you Thursday afternoon at 2PM.
Monday, December 7, 2009
Reminders & Tulia Notes and Plan
Reminders: At last check, several people still have not posted their comment on "A Hard Straight." Remember, the deadline for that is this coming Friday, Dec. 11th.
We probably won't have much time tomorrow for the families to confer about final exam questions. Nonetheless, you should be making up some questions individually. The families will have some time in class on Thursday (12/10), our last class, to determine which four questions you want to submit. AGAIN, THE DEADLINE FOR THAT IS FRIDAY, DEC. 11TH AT NOON. I have read most of the in-class essays you wrote last Thursday and should be able to hand them back in class tomorrow, 12/8. Finally, continue reading "Tulia," which you should be finishing this week.
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TULIA NOTES AND PLAN: I am going to post some lecture notes below, but let me first lay out a "game plan," of sorts, for how we will cover the rest of this book this week. First, tomorrow (Tues., 12/8) I will be showing a documentary on Tulia. It runs about 55 minutes. It was done as this case was unfolding and you will hear from many of the characters, with two notable exceptions: Vanita Gupta, and Terry McEachern. One way of getting a handle on this book is to try to remember the cast of characters and the parts they played in this story. I have pared down my notes considerably, so that on Thursday I should be able to get to the end of the book. Below are some things I planned to talk about tomorrow.
LECTURE NOTES: We left off last Tuesday, 12/1, about to get into Chapter Four, The Mayor of Vigo.
A. Gary Gardner (the informal mayor of Vigo), bankrupt farmer, was in the midst of fighting s school board decision to institute a drug testing program, which his son refused to participate in (a case which he won, by the way). When he heard of the big drug bust in Tulia, he began saving articles and any other information relevant to the case.
B. He was especially troubled by the biased press coverage -- in the Tulia Herald the headline read: "Tulia's Streets Cleared of Garbage." He was also troubled by statements from the sheriff and district attorney, both of whom talked about the accused as if they were guilty. Gardner felt, in particular, that Sheriff Stewart applied the law too rigidly.
C. The author goes into Gardner's background. But most significantly, Gardner made a decision to draft a letter to the Tulia defendants (based on his new-found legal expertise), which he did not send right away, but he eventually did after he got a call from someone he had helped years ago. That letter actually contained two very sound pieces of legal advice: (1) he urged them to seek a change of venue (i.e., move the case out of Swisher Co.) and (2) he strongly suggested they investigate Tom Coleman's background.
Part Two
Chapter Five: "Deep Cover"
A. Other attorneys representing other defendants from the Tulia bust were surprised at the flimsy case the prosecution presented to get Joe Moore convicted and sentenced to 90 years.
B. Blakeslee focuses on one attorney in particular, Paul Holloway. He had a reputation for doing exhaustive pretrial preparations and he refused to play the standard plea-bargain game for indigent defendants.
1. In Texas, fees for indigent lawyers (or public defenders) were capped at $400, with only an additional $500 for investigative purposes, which is grossly inadequate and creates a strong incentive to plea bargain. (To give you some idea how inadequate those caps are: it is not unusual for an attorney to charge $100 AN HOUR for his services, and in terms of investigation, for example, ordering a DNA test in a case costs THOUSANDS.)
C. Holloway was troubled by the police reports on the cases which provided little detail and no corroborating evidence, which McEachern excused in the case of Coleman because he was supposedly operating "deep cover." Holloway went on to discover some of Coleman's checkered past, perhaps most significantly that Sheriff Stewart HAD ACTUALLY ARRESTED HIM IN RESPONSE TO AN ARREST WARRANT, WHILE HE WAS UNDERCOVER. McEachern had NOT informed the defense of this. But when Holloway approached Judge Self with such information, Judge Self refused to throw the cases out and McEachern successfully blocked the defense from presenting this to the jury.
Chapter Six: Officer of the Year
A. Holloway decides to do some further digging in Coleman's background by contacting his ex-wife Carol Barnett, and she gave him an earful, including the revelation that she was afraid of him.
B. Blakeslee goes on to talk about Coleman's dad who was a Texas Ranger. Coleman wanted to follow in his footsteps, but he got in trouble in school, dropped out in the 11th grade. His dad pulled some strings to get him a job as a prison guard and deputy, but he was not highly motivated and he was inattentive on the job. And this is not to mention his problems with debt, his divorce, etc.
C. It is in this chapter that Blakeslee desribes how McEachern successfully blocked efforts to get this information about Coleman presented to the jury. HOWEVER, IT SHOULD BE STRESSED THAT BOTH MCEACERN AND JUDGE SELF HAD AN OBLIGATION TO JUSTICE TO ACT ON THIS INFORMATION AND PROBABLY THROW THESE CASES OUT. SEEMS, HOWEVER, THEY WERE ONLY INTERESTED IN WINNING THESE CASES, EVEN IF THERE WAS A VERY GOOD CHANCE THESE PEOPLE WERE INNOCENT.
That brings us up to Chapter Seven (p. 106), where I'll pick up with my abbreviated notes in class. See you tomorrow.
We probably won't have much time tomorrow for the families to confer about final exam questions. Nonetheless, you should be making up some questions individually. The families will have some time in class on Thursday (12/10), our last class, to determine which four questions you want to submit. AGAIN, THE DEADLINE FOR THAT IS FRIDAY, DEC. 11TH AT NOON. I have read most of the in-class essays you wrote last Thursday and should be able to hand them back in class tomorrow, 12/8. Finally, continue reading "Tulia," which you should be finishing this week.
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TULIA NOTES AND PLAN: I am going to post some lecture notes below, but let me first lay out a "game plan," of sorts, for how we will cover the rest of this book this week. First, tomorrow (Tues., 12/8) I will be showing a documentary on Tulia. It runs about 55 minutes. It was done as this case was unfolding and you will hear from many of the characters, with two notable exceptions: Vanita Gupta, and Terry McEachern. One way of getting a handle on this book is to try to remember the cast of characters and the parts they played in this story. I have pared down my notes considerably, so that on Thursday I should be able to get to the end of the book. Below are some things I planned to talk about tomorrow.
LECTURE NOTES: We left off last Tuesday, 12/1, about to get into Chapter Four, The Mayor of Vigo.
A. Gary Gardner (the informal mayor of Vigo), bankrupt farmer, was in the midst of fighting s school board decision to institute a drug testing program, which his son refused to participate in (a case which he won, by the way). When he heard of the big drug bust in Tulia, he began saving articles and any other information relevant to the case.
B. He was especially troubled by the biased press coverage -- in the Tulia Herald the headline read: "Tulia's Streets Cleared of Garbage." He was also troubled by statements from the sheriff and district attorney, both of whom talked about the accused as if they were guilty. Gardner felt, in particular, that Sheriff Stewart applied the law too rigidly.
C. The author goes into Gardner's background. But most significantly, Gardner made a decision to draft a letter to the Tulia defendants (based on his new-found legal expertise), which he did not send right away, but he eventually did after he got a call from someone he had helped years ago. That letter actually contained two very sound pieces of legal advice: (1) he urged them to seek a change of venue (i.e., move the case out of Swisher Co.) and (2) he strongly suggested they investigate Tom Coleman's background.
Part Two
Chapter Five: "Deep Cover"
A. Other attorneys representing other defendants from the Tulia bust were surprised at the flimsy case the prosecution presented to get Joe Moore convicted and sentenced to 90 years.
B. Blakeslee focuses on one attorney in particular, Paul Holloway. He had a reputation for doing exhaustive pretrial preparations and he refused to play the standard plea-bargain game for indigent defendants.
1. In Texas, fees for indigent lawyers (or public defenders) were capped at $400, with only an additional $500 for investigative purposes, which is grossly inadequate and creates a strong incentive to plea bargain. (To give you some idea how inadequate those caps are: it is not unusual for an attorney to charge $100 AN HOUR for his services, and in terms of investigation, for example, ordering a DNA test in a case costs THOUSANDS.)
C. Holloway was troubled by the police reports on the cases which provided little detail and no corroborating evidence, which McEachern excused in the case of Coleman because he was supposedly operating "deep cover." Holloway went on to discover some of Coleman's checkered past, perhaps most significantly that Sheriff Stewart HAD ACTUALLY ARRESTED HIM IN RESPONSE TO AN ARREST WARRANT, WHILE HE WAS UNDERCOVER. McEachern had NOT informed the defense of this. But when Holloway approached Judge Self with such information, Judge Self refused to throw the cases out and McEachern successfully blocked the defense from presenting this to the jury.
Chapter Six: Officer of the Year
A. Holloway decides to do some further digging in Coleman's background by contacting his ex-wife Carol Barnett, and she gave him an earful, including the revelation that she was afraid of him.
B. Blakeslee goes on to talk about Coleman's dad who was a Texas Ranger. Coleman wanted to follow in his footsteps, but he got in trouble in school, dropped out in the 11th grade. His dad pulled some strings to get him a job as a prison guard and deputy, but he was not highly motivated and he was inattentive on the job. And this is not to mention his problems with debt, his divorce, etc.
C. It is in this chapter that Blakeslee desribes how McEachern successfully blocked efforts to get this information about Coleman presented to the jury. HOWEVER, IT SHOULD BE STRESSED THAT BOTH MCEACERN AND JUDGE SELF HAD AN OBLIGATION TO JUSTICE TO ACT ON THIS INFORMATION AND PROBABLY THROW THESE CASES OUT. SEEMS, HOWEVER, THEY WERE ONLY INTERESTED IN WINNING THESE CASES, EVEN IF THERE WAS A VERY GOOD CHANCE THESE PEOPLE WERE INNOCENT.
That brings us up to Chapter Seven (p. 106), where I'll pick up with my abbreviated notes in class. See you tomorrow.
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