Sociology 5314: Punishment and Social Control
Fall, 2005
Professor Sara Steen
Email address: steen@colorado.edu
Office: Ketchum 205 (303-735-6658)
Office hours: Thursdays 1 to 3 pm, or by appt.
“Punishment puzzles us and disappoints our expectations because we have tried to convert a deeply social issue into a technical task for specialist institutions.”
--David Garland, 1991: 1
“Crime control strategies and criminological ideas are not adopted because they are known to solve problems. The evidence runs out well before their effects can be known with certainty. They are adopted and they succeed because they characterize problems and identify solutions in ways that fit with the dominant culture and the power structure upon which it rests.”
--David Garland, 2001: 26
“For the first time in history, the number of inmates in American prisons and jails has exceeded 2 million… The rate of incarceration in the United States, 702 per 100,000 residents, continues to be the highest in the world.”
--The Sentencing Project, April 6, 2003
“Implicit assumptions about the appropriate scale of imprisonment have played a major role in policy debates about prison construction. However, explicit references to the appropriate scale of the prison enterprise or to the criteria that should inform judgment on that matter are quite rare.”
--Zimring and Hawkins, 1991: 209
“Punishment can be seen to reflect our understanding and our values, and is therefore regulated by standards people apply every day for what is and what is not possible to do to others. So the question for each of us is: would it be in accordance with my general set of values to live in a state which represented me in this particular way?... Belonging to Western industrialized culture, I am also represented by what happens in the USA. It is in a way also a part of me that cultural relatives find it acceptable to do such things to so many fellow citizens.”
--Nils Christie, 1994: 185-6
"Prison is not about punishment, and it's not about rehabilitation.
Prison is about keeping bad folks away from good folks."
-- GA house minority leader Bob Irvin, 1/16/98 in Atlanta Journal Constitution
Course overview
This course is organized around two issues. The first is why we as a society punish the way we do. We will discuss how our choices about punishment are affected by and affect American culture and social structure. The second is how the United States has achieved the distinction of imprisoning a larger percentage of its population than any other country in the world. We will talk about how we have reached this point, how our current imprisonment rate affects us (and others), and how we as a society might recognize the point at which we have reached an unacceptable rate of incarceration.
The class is scheduled to meet Thursdays from 3:30-6:20 in Ketchum 33. We will have a short break in the middle of each class period.
The following books are available at the University Bookstore:
Beckett, Catherine. 1997. Making Crime Pay. Oxford: Oxford University Press.
Christie, Nils. 2003. Crime Control as Industry, 3rd edition. London: Routledge Press.
Garland, David. 1990. Punishment and Modern Society. Chicago: Chicago University Press.
Garland, David. 2001. Culture of Control. Chicago: Chicago University Press.
There will also be a number of articles and book chapters required throughout the semester. They will be available at the WebCT site for the course, which can be found at https://webct.colorado.edu. I also have a paper copy of the readings that you may borrow to photocopy if you prefer.
Readings: To ensure that you have the background information necessary for seminar discussions, you will need to read all assigned reading by class time on the day it is assigned. I have tried to design the course schedule to keep the reading load manageable from week to week by requiring fewer pages when the reading is theoretically dense.
Class participation and discussion leadership: Because this is a seminar, your presence in class and active participation in discussions is mandatory. You will write two short papers about your discussion skills, one at the beginning and one at the end of the semester, which I will use to help me assess your participation. If you need to miss a seminar session, please contact me ahead of time to let me know. If you miss more than two seminars, your grade will drop by one letter grade for each absence (e.g., A to B).
Each of you will be responsible for signing up to lead the class discussion twice during the course of the semester. You will do this in groups of two or three. Leading the discussion entails coordinating with your group members to email one set of questions and/or comments about the readings to me by 3:00 p.m. on the Tuesday before the seminar meets (I will then post this to WebCT by 5:00 p.m. Tuesday for seminar participants to access), and leading the class in discussion (for approximately half of class time) on the day of the seminar. Other members of the seminar are required to come to seminar prepared to discuss these questions/comments (each of you should bring a printout of the questions to class). Students who have previously taken the course have two recommendations for discussion leadership: 1. to limit the number of questions you write (perhaps no more than 5), and 2. to think creatively about the discussion you will lead (e.g., to incorporate newspaper articles, movie scenes, group activities, etc.).
Writing assignments: Academics write for many different reasons. While occasionally we write something to be published, most of the writing that we do (or that we should do) serves to stimulate or clarify our own thinking about a particular topic or argument we wish to make, or to work through, summarize, and/or critique someone else’s thoughts or arguments. It is my opinion that we tend to think of the vast majority of our writing as writing of the first variety (that is, writing that is formal and structured—writing that we expect others to read and critique), when it would be far more productive to think of most of our writing as examples of the more informal second and third varieties.
Accordingly, I will ask you to do three different kinds of writing for this course; each is described below. Together, the writing assignments will constitute 80% of your course grade.
Throughout the course of the semester, you will be required to write two response papers and two summary/commentary papers. You may choose which weeks to write, but you may not write a paper on readings for which you are serving as discussion leader.
Responsive writing assignments: For responsive writing, I would like for you to record your reactions to the week’s readings. This should be very informal writing. My recommendation to you is to do this in two steps. First, jot down notes as you read—quick thoughts about things you might want to come back to (you don’t need to turn in these notes). Second, sit down with your notes beside you and write for an hour or two after you’ve finished the week’s reading. Write whatever comes to mind; these writing assignments should provide an opportunity to wander around a bit after putting down your reading. I expect these assignments to be somewhere between 1 ½ and 3 typed, double-spaced pages long (this is not a firm rule, just a guideline).
Summary/commentary assignments: To do this kind of writing, you should provide both a summary and a brief commentary for one of the assigned readings, or for a section of the readings (if, for example, we are reading three chapters from a book, you may choose to summarize only the chapter on Weber, rather than trying to write about both Weber and Foucault). This writing should be somewhat more formal than the responsive writing described above, because you are trying to succinctly summarize and comment on someone else’s writing (you will probably need to draft the summary section several times before you produce a satisfactory summary). In these assignments, you should do two things. First, you should summarize the author’s main argument(s) in 3-5 sentences (note: no more than five sentences!). Because we will be reading theoretical works for the most part, this will often require that you explain the kind of argument the author is trying to make (what question is he or she trying to answer?). Second, you should provide a brief (4-5 sentences) commentary on the reading. Comments may include critiques, connections to other course readings, or research questions which are suggested by the author’s argument and findings. I expect these assignments to be about 1 typed, double-spaced page long.
I will comment on, but not grade, each writing assignment. Your overall grade for these assignments will be based on the quality of your work, as well as how effectively you follow the directions given and respond to feedback provided throughout the course of the semester. You will receive one grade for your responsive writings, and one for your summary/commentary pieces. Please keep all your assignments, along with my feedback, in a separate folder, which I will ask you to turn in to me on the last day of the semester. If the absence of grades makes you anxious, please feel free to schedule an appointment with me so that we can talk about your work.
Fieldwork: Because our ideas about how the criminal justice system works are shaped by television, and because television is sometimes not the most reliable medium for accurate information, I would like for each of you to spend at least four hours (in two segments) “in the field” seeing what the system really looks like. You may go to the courthouse to observe hearings or a trial, you may go on a ride-along with a police officer, you may tour a jail or prison, or you may do something else with my approval. I will hand out separate guidelines for this course requirement, and there is a reading on WebCT by Emerson that provides some guidance about taking good fieldnotes. On two occasions during the semester, you will turn in fieldnotes to me. I will comment on them, but not grade them.
Final project: For your final assignment, I would like for you to think about how you can use the course material most effectively. I provide several options below, most of which will work best in paper format (I would expect between 10 and 20 pages). I am open to other options as well, provided you talk to me before the eighth week of the semester (see below). Some possibilities include:
¨ Incorporating your fieldnotes into a paper. This would entail identifying some themes—consistent patterns that you see in the field—and connecting them to class material.
¨ Applying material from the course to a research project of your own (thesis, dissertation, etc.). Think about how what you have learned in this class affects your thinking about your own research. Does it raise new questions? Help you to better understand theoretical implications? Affect your interpretation of your findings?
¨ Write a research proposal that tackles one of the issues raised in the class. Identify a question that interests you, and think about how you might organize a research project that would begin to get at possible answers.
In the middle of the semester (October 20th), you will be required to hand in a brief progress report to me, letting me know what your plan is for your final project.
Late policy for writing assignments: Work turned in late is an inconvenience to me, as it requires me to adjust my grading schedule. I understand, however, that students often have good reasons for turning in late work. My late policy is therefore as follows: If you need to turn something in late, you must inform me no later than the beginning of the class period in which it is due. While you may inform me in person, you must also send me an email (by the same deadline) detailing your reasons for needing extra time. For students who follow these instructions, I am generally willing to grant an extension for up to one week. I consider this to be a very reasonable late policy, and therefore I will not accept any late work from students who do not follow these instructions.
Your grade for this course will be based on satisfactory completion of the required tasks. The grade you earn does not depend on how well you do relative to others in the class. Your grade will be based on the following components:
Class participation 20%
(Each discussion led worth 5% of total grade)
(Participation in all other discussions worth 10% of total grade)
Responsive writing assignments (2) 20%
Summary/commentary writing assignments (2) 20%
Field notes (2) 10%
(Each assignment worth 5% of total grade)
Final project 30%
Weekly topics and readings
Week one (8/25): Introduction
Topics: Course mechanics; Discussion about effective seminars—how to lead and participate in effective discussions; Overview of big questions
Readings: None
Writing assignment (required of everyone): Discussion goals
Please think about yourself in relation to the ideas about discussion raised during our in-class discussion, and complete the following tasks:
1. Assess your own discussion abilities at this point. What do you do well? What would you like to do better? Be sure to think about the full range of discussion skills: listening, speaking, asking questions, responding, etc.
2. Identify between one and three goals for your own discussion participation this semester. You should include both general goals and concrete, specific steps you will take toward those goals. Be sure that your goals are realistic: think about what you can actually accomplish in a semester. Developing discussion skills is a long-term process; your aim for this semester should be to make positive progress toward your long-term goals.
Section I: Theoretical overview
Week two (9/1): Why do we punish?
Topics: Punishment as a symbol of moral order (Durkheim), Punishment as a means of controlling dangerous classes (Marx)
Readings: Punishment and Modern Society, Ch. 1-5 (130 pp.)
Work due: Discussion goals writing assignment (see Week 1 above)
Tentative lecture outline:
I. Why do we punish?
II. Durkheimian answer to the question
a. Assumptions about the content of the law
b. Assumptions about the purposes of punishment
III. Marxist answer to the question
a. Assumptions about the content of the law
b. Assumptions about the purposes of punishment
Week three (9/8): What is the relationship between punishment and society?
Topics: Technologies of power (Foucault), Rationalization of punishment (Weber), Creating crime policy
Readings: Punishment and Modern Society, Ch. 6-8 (60 pp.); Beckett (100 pp.)
Tentative lecture outline:
I. Foucauldian analysis of punishment
a. Explores penality from inside the system: How power operates inside the prison
b. Focuses on principles of surveillance and observation
c. Adoption of managerial rather than punitive attitudes by penal administrators
II. Critique of Foucault
a. Ignores culture
b. Focuses on structure without looking at different ways people might interact within it
III. Weberian analysis of punishment
a. Bureaucracies
b. Formal rationality
c. Models of justice
i. Substantive justice
ii. Formal justice
Note: Sometime in here, before you go out into the field, you should read Emerson et al. (50 pp., WebCT).
Week four (9/15): How might we begin to understand the meaning of punishment?
Topics: Conceptions of justice, Punishment as a social institution
Readings: Garland 1990, Ch. 9-12 (100 pp.)
Tentative lecture outline:
I. Garland’s main argument
a. Punishment as a complex social institution
II. How do we think about punishment? (Ch. 9)
a. Culture sets boundaries
b. Need to take seriously the rhetoric of penal reforms
III. How do we feel about punishment? (Ch. 10)
a. Civilization (hiding punishment from public view)
IV. Punishment as cultural agent (Ch. 11)
a. Guidance for thinking about good and evil, legitimate and illegitimate, order and disorder
b. Difference between rhetoric (what is said) and daily routine of punishment (what is done)
V. Need for theory of punishment
a. Punishment as a total social fact
b. Punishment as marked by moral contradiction
Section II: Sociological aspects of punishment
Week five (9/22): How does sociology help us to understand inequalities in criminal justice decision making?
Topics: Overview of inequalities, sociological reasons for inequalities
Readings: Tonry, Malign Neglect, Chs. 1, 2 (70 pp., WebCT); Tittle (30 pp., WebCT)
Tentative lecture outline:
I. Defining inequality
II. Location of inequalities
a. Content of the law
b. Enforcement of the law
c. Treatment under the law
III. Sociological reasons for inequalities
a. Organizational approach
b. Social psychological approach
IV. Discrimination and discretion
V. Judging inequalities
Week six (9/29): What do we mean by a criminal justice “system?”
Topics: Organizational norms, courtroom workgroups, introduction to discretion
Readings: Wellford (15 pp., WebCT); Walker, Chs. 1, 6 (30 pp., WebCT); Eisenstein and Jacob (25 pp., WebCT); Bogira (80 pp., WebCT)
Work due: Fieldnotes, part 1
Tentative lecture outline:
I. Courtroom workgroups
a. Individual actors and occupational interests
b. Organizational imperatives
II. Defining, confining, and structuring discretion
Week seven (10/6): What impact does public policy have on criminal justice decision-making?
Topics: Control of discretion, displacement of discretion, organizational adaptations
Readings: Knapp (25 pp., WebCT); Miethe (20 pp., WebCT); Tonry, Sentencing Matters, Chs. 1, 2 (70 pp., WebCT)
Tentative lecture outline:
I. Determinate and indeterminate sentencing
II. Arguments for determinacy
a. Struggle for Justice (1971, American Friends Service Committee)
b. Criminal Sentences: Law Without Order (1972, Judge Marvin Frankel)
c. Doing Justice: A Choice of Punishments (1976, Andrew von Hirsch)
III. Use of determinate sentencing
a. Abolishment of parole and creation of sentencing guidelines
b. Truth in Sentencing
c. Prevalence of determinate sentencing
IV. Successes and failures of determinate sentencing
Week eight (10/13): NO CLASS (FALL BREAK)
Week nine (10/20): What are the social and philosophical justifications for punishment?
Topics: Deterrence and deserts
Readings: Von Hirsch (80 pp., WebCT); Bottoms (30 pp., WebCT)
Work due: Progress report on final project
Tentative lecture outline:
I. Deterrence
a. Specific and general deterrence
b. What factors influence whether or not sanctions will affect behavior?
II. Desert
a. Difference between retribution and just deserts
b. How can punishment be justly pursued at the offender’s expense?
Week ten (10/27): What are the social and philosophical justifications for punishment?
Topics: New managerialism, managing risk
Readings: Feeley and Simon (20 pp., WebCT); Hudson (25 pp., WebCT); Cohen, Chs. 1, 6 (65 pp., WebCT)
Tentative lecture outline:
I. New penology: Feeley and Simon
a. Describing a shift among practitioners away from language and practices that focus on individual offenders toward a focus on groups or categories of offenders
b. Changes in practices
c. Consequences of shift
II. Ascendance of risk: Hudson
a. Arguing that we have seen a shift from justice to risk as the central organizing principle of punishment
b. Shift from just deserts to public protection
c. Consequences of shift
Section III: Culture of punishment
Week eleven (11/3): Overview of current policies
Topics: Mandatory minimums, habitual offender laws, truth in sentencing laws
Readings: Tonry, Sentencing Matters, Ch. 5 (30 pp., WebCT); Walker, Ch. 5 (30 pp., WebCT); Zimring, Hawkins, and Kamin, Ch. 1 (30 pp., WebCT)
Tentative lecture outline:
I. Overview of sentencing reform (Walker)
II. Mandatory penalties (Tonry)
a. Deterrence
b. Rockefeller Drug Laws
III. Three Strikes Laws (ZHK)
a. Case of California
b. Disconnect between expert knowledge and policy process
c. Costs of laws (Sentencing Project report)
d. Fairness of laws
e. Other concerns
Week twelve (11/10): Reinvention of the prison
Topics: Decline of the rehabilitative ideal, new conceptions of justice
Readings: Culture of Control, Chapters 1-4 (100 pp.)
Tentative lecture outline:
I. Overview of Garland’s argument
II. Themes (Ch. 1)
a. Return of the victim
b. Politicization of crime policy
c. Reinvention of the prison
III. Background (Chs. 2-4)
a. Historical shift to state monopolization of punishment
b. Account of the decline of rehabilitation (penal welfarism)
Week thirteen (11/17): Rationalization of crime control—Sara at crim meetings
Topics: Politics and culture of high crime societies
Readings: Culture of Control, Chapters 5-8 (100 pp.)
Tentative class outline:
I will be out of town today, attending the criminology meetings in Toronto. In place of a lecture, I would like for you to do the following: Begin class with student-led discussion; this should take approximately an hour. Following discussion, take a ten minute break. Upon your return, I’d like you to break into small groups (preferably 4 students, can be 5), and discuss the following questions for approximately ten minutes:
1. What aspects of our cultural conversation about criminal justice concern you most?
2. How does this conversation affect you?
3. What are the reasons why the conversation is the way it is?
After opening the conversation in this way, please follow the questions for small group work passed out last week.
Section IV: Big questions to ponder
Week fourteen (TUESDAY, 11/22): When is punishment cruel and unusual?
Topics: Punitive punishment
Readings: Zimring, Hawkins and Kamin, Ch. 10 (35 pp., WebCT); Simon (15 pp., WebCT), Start reading Christie’s Crime Control as Industry (for week 15)
Work due: Fieldnotes, part 2
Tentative lecture outline:
I do not plan to give a formal lecture this week. It is essentially an “open week,” when we will discuss whatever we decide we want to discuss (if we need to catch up, people want to hear more about a topic, etc.). We will also discuss your fieldwork on this day.
Week fifteen (12/1): How much imprisonment is too much?
Topics: Scale of imprisonment
Readings: Zimring and Hawkins, Chs. Intro, 1, 2, 9 (85 pp., WebCT)
Tentative lecture outline:
I. Three guiding questions
a. Should prison be used as a criminal sanction?
b. When is prison appropriate (for which offenders)?
c. How large should the prison enterprise be relative to other criminal sanctions and the general population? What criteria should govern decisions about how large a prison enterprise should be constructed and maintained?
II. Explanations for why prison populations are the size they are (Chs. 1, 2)
III. Describing current scale of imprisonment
IV. Conclusion (Ch. 9): Prison overcrowding lead to two opposite but logically equivalent solutions: Build more prisons or reduce the number of prisoners
Writing assignment (required of everyone): Discussion evaluation
You have now spent a term working toward your discussion goals. For this final paper, please write a brief (1-2 page) self-evaluation of your progress. Where were you at the beginning of the term, and how have your skills developed since then?
Did you meet the goal(s) you set for yourself? If not, did you move toward them? What did you do to achieve this progress? What factors helped (or hindered) this progress? Finally, what are your goals for the future, and what steps do you plan to take to achieve them? Your evaluation, together with your original discussion goals paper, is due on the last day of class.
Week sixteen (12/8): Really thinking about punishment
Topics: Morality of punishment
Readings: Crime Control as Industry (200 pp.)
Work due: Discussion evaluation paper (see Week 15 above)
Tentative lecture outline:
I. History of privatization
II. State and federal use of private corrections
III. Evaluating privatization
a. Cost
b. Performance
c. Morality