PHIL 314

Examination of philosophical theories regarding criminal habits and punishment and the philosophical problems connected with specific topics in criminal law. Examines proper subject matter of criminal law (drug use, pornography, euthanasia); limits of criminal sanctions; crime and privilege (corporate crime, white-collar crime, blackmail); justifications for punishment; mercy; and execution.

The course requirements are as follows. All students are expected to have read the assigned material in advance of the class period in which it will be discussed. Your grade will be based on the following assignments:

1) DAILY READING RESPONSE (150 points total, divided into three parts as described below): A minimum overall score of 80 points is required to pass this assignment.

*1a) DAILY READING RESPONSE (80 points): Our class is scheduled to meet 31 times this quarter. One of those days is the first day of class, one is scheduled for the midterm exam, and on another day you will have a different assignment. For the remaining 28 days, you are required to hand in at the beginning of class a typed assignment (not to exceed one page in length) based on the reading for that day (see the reading schedule for specific details). Late entries will not be accepted without a documented excuse.

Each response will be graded as either “good” (3 points), “satisfactory” (2 points), "disappointing" (1 point), or “unsatisfactory” (0 points). You will receive a satisfactory grade on a daily reading response that you turn in on time if you: (a) write a response no longer than a page in length; (b) present the material systematically (i.e., state the problem and the response to it) with reference to the readings; and (c) show a minimal degree of comprehension. (You may submit up to 28 responses, in your effort to reach the maximum score of 80.)

*1b) LONGER READING RESPONSE AND PRESENTATION (40 points): During the first week of class, each of you will choose a future day for this project. Once during the quarter, on the day you chose, you will write a longer reading response of approximately 3 pages, covering the material for that day in some detail. During that day's class, you will give a presentation of approximately fifteen minutes, discussing the main points and arguments of a reading for that day. It is highly recommended that you confer with me in advance about your presentation.

*1c) IN-CLASS QUESTION (30 points): You are expected to be in class participating in discussions, unless you have a documented excused absence. Sometime during each class session, except for the day of the midterm, you will be asked to write a brief response to some question about that day's discussion.

2) MID-TERM EXAM (100 Points): This will be a closed-book exam. You will be required to answer several questions in short answer or short essay form, in a blank and intact green book that you provide. You will be required to demonstrate a comprehensive grasp of the materials studied in the course (including assigned materials not discussed in class) to the date of the exam, which will be given in class on Friday, Oct. 17. A minimum of 53 points is required to pass this assignment.

Due to a regrettable administrative error, grades for the midterm described above must be thrown out, and the syllabus revised as shown below. (Please treat the previous midterm as a good practice & preparation session for the final exam.)

2) MID-TERM EXAM (100 Points): This will be a take-home exam. You will be required to answer several questions in short answer or short essay form. The test will be handed out in class on Fri., Oct. 31. Your typed responses will be due in class on Mon., Nov. 10. A minimum of 53 points is required to pass this assignment.

3) FINAL IN-CLASS EXAM (150 Points): The final exam will be similar in format to the midterm, but longer. It will take place on Tuesday, Dec. 9th, in DEN 306, from 2:30-4:20 p.m. and will cover material from the whole course. This will be a closed-book exam, where you answer several questions in short answer or short essay form, in a blank and intact green book that you provide. A minimum of 80 points is required to pass this assignment.

Final Grade: The maximum possible score is 400 points. Below you will find a conversion table. The first column represents total points for the course. The second column represents the grade for the midterm exam. The third column represents the grade for either the final exam or the daily reading response total. The fourth column represents the approximate letter grade equivalent. And the fifth column is the UW grading-scale equivalent. (Please note that while I will use this table as a basis for the final grades in the course I reserve the right to make adjustments to it in the service of fairness.)

392-400                   98-100           147-150                A+                                  4.0
372-391                   93-97             140-146                A                             3.9-3.7
356-371                   89-92             134-149                A-                           3.6-3.5
340-355                   85-88             128-133                B+                           3.4-3.2
324-339                   81-84             122-127                B                            3.1-2.8
308-323                   77-80             116-121                B-                            2.7-2.5
292-307                   73-76             110-115                C+                          2.4-2.2
276-291                   69-72             104-109                C                             2.1-1.8
260-275                   65-68              98-103                 C-                           1.7-1.5
244-259                   61-64              92-97                  D+                          1.4-1.2
228-243                   57-60              86-91                   D                            1.1-0.8
212-227                   53-56              80-85                   D-                           0.7
0-211                         0-52                0-79                   F                             0.0

Nota Bene: (1) In order to pass this course students are required to: a) have enough total points (i.e., at least 212 points); and also b) pass (i.e., receive at least 53 percent) in two of the three components of the course (i.e., daily reading responses, the midterm exam, and the final exam). If you have enough total points to pass but do not pass two of the three components you will fail the course. Absolutely no exceptions will be made to this policy.

(2) In some cases, when I calculate the final grade, I will also consider such factors as improvement and class participation.

(3) Academic Misconduct. Cheating in any form will result in automatic referral to the Dean’s office. In addition to plagiarism, this includes copying any work from other students, or allowing them to copy from you. You are assumed to understand the university rules concerning inappropriate academic conduct, including what constitutes plagiarism. If you have any questions, please do not hesitate to contact the instructor.

Texts

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The reading and lecture schedule is as follows, and of course it may be subject to change. Dates, readings, topics, and response questions are tabulated below. Response questions will be updated as we proceed through the quarter.

Class	Date	Required Reading	Topic	Response Questions	In-Class Question	FYI
1	9/24	pp. 1-28, 43-45	Introduction to the course	Explain, according to Friedman, (a) the functions of criminal justice, (b) the types of crime, (c) some problems with plea bargaining, and (d) forms of bias. Explain the goal of the textbook (p. 45).	State one function of criminal justice.	Article: Rebecca Griego murder on campus at UW Article: Disability is a civil rights issue Murderball movie
2	9/26	pp. 128-151	The paradox of blackmail	Explain why blackmail is said to be paradoxical. Explain Gorr's resolution of the paradox.	What, according to Gorr, is the meaning of "c-optional"?
3	9/29	pp. 51-64	Mill's view of liberty	Explain the object of Mill's essay. Who does his principle apply to, and what is its basis? What does Mill say is his strongest argument against public interference with personal conduct? Explain Mill's criticism of "social rights."	What is "moral police"?	The Ghost Map book
4	10/1	pp. 65-74	Debate over the enforcement of morals	p. 127, questions 2 & 3	What does Devlin mean when he claims that no society can exist without shared ideas on morals?	Ad populum fallacy Loving v. Virginia Fugitive Slave Law
5	10/3	pp. 74-82, plus Lawrence v. Texas	Homosexual conduct and the law	p. 127, question 4 Explain what substantive due process is, and also what role it plays in the Lawrence decision.	Of all the arguments we discussed for and against the constitutionality of anti-sodomy laws, which one is the best argument?	Substantive due process Unenumerated rights Adult incest case Model Penal Code
6	10/6	pp. 82-93, 116-127	Privacy, stalking	p. 127, questions 5 & 7	Explain Hume's claim, "a right without a remedy would be an absurdity."	Hume, “Of Passive Obedience” Gavin de Becker's Gift of Fear Article from today's paper
7	10/8	pp. 94-116	Privacy	p. 127, question 6	According to Gavison, what is the most important reason for us to make an explicit legal commitment to privacy?	Mill & de Tocqueville quotes FERPA info for UW students and teachers Ann Rule book Kymlicka's Good & Bad Group Rights: Talbott page, and Wikipedia page
8	10/10	pp. 195-212	Euthanasia	p. 218, questions 1 & 2	What is the legal justification in the U.S. for the right to refuse treatment?	Info on Dax
9	10/13	pp. 212-217	Suicide	p. 218, question 3	Explain the connection between smallpox inoculation and suicide, according to Hume.	Hume etc. on sentimentalism Twain on suicide Voltaire on smallpox inoculation
10	10/15	pp. 169-194	Drug use and the law	p. 194, questions 1 & 2	What is CLAURD?	Soylent Green movie The Wire TV show Slower right to die for paralyzed
11	*10/17*	*Midterm Exam*	Bring blank intact green book
12	10/20	pp. 219-234	Pornography and the law	p. 252, questions 1 & 2	What is "garrison threshold," & how does it apply to Clark's discussion?
13	10/22	pp. 235-252	Feminist objections and counter-objections	p. 252, question 3	What is the "offense principle"?	Adam Smith passage Schlosser's Reefer Madness info Wild Swans (p. 369, "instinct for collecting") The Poisonous Mushroom
14	10/24	pp. 253-280	Gun control	p. 294, question 1 (Explain Dixon)	What is MAD?	Mill on poison etc. Amenable mortality Culture Code book (re: French food) U.S. traffic fatalities Recent Supreme Court decision
15	10/27	pp. 280-294	Defensive gun ownership	p. 294, question 2	Name at least one author we have read who uses deontological arguments, and at least one who uses consequentialist arguments.	Kant & Mill excerpts Crystal Brame case 'Jilted' woman 'kills' virtual husband
16	10/29	pp. 152-168	Criminal law and corporate behavior	p. 168, questions 1-3	Give an example of an argument opposing our readings for today.	White Collar Crime (Wikipedia page)
17	10/31	3 items: Harvard Journal on Legislation, Winter, 2008, 45 Harv. J. on Legis. ARTICLE: SPAM STILL PAYS: THE FAILURE OF THE CAN-SPAM ACT OF 2003 AND PROPOSED LEGAL SOLUTIONS, John Soma, Patrick Singer* and Jeffrey Hurd*** Find on Lexis-Nexis at UW Libraries site (UW login required) Spam King Article 1 Article 2	Spam	Explain why criminal law should address email activities. Explain some problems with the current law. Explain and evaluate some of the proposed legal solutions.	Why did Soma, Singer, & Hurd recommend redefining spam as unsolicited commercial email?
18	11/3	pp. 295-316	Criminal limits on free speech	p. 330, question 1	Why can't there be such a thing as "anti-government obscenity"?	Aurora Bridge Bus Suicide
19	11/5	pp. 316-330	Hate speech and harm	p. 330, questions 2-3	According to Altman, what is the harm in hate speech that justifies regulating it?	Aurora Bridge Suicide Survivors UW Policies on Speech
20	11/7	pp. 333-352	Utilitarian justification of punishment	p. 364, questions 1, 3	According to Bentham, why is punishment for "bad" writings needless?
21	11/10	pp. 352-364	Consequences of punishment	p. 364, questions 2, 4	Which aspects of punishment discussed in Ten's article did not produce good effects?	Thai speech crime Coker v. Georgia (see dissent) After Innocence movie Thin Blue Line movie Cognitive dissonance book Monster of Florence book Public Defender crisis
22	11/12	pp. 365-383	Retributive justification of punishment	p. 383, questions 1-4	What is telishment?
23	11/14	pp. 384-403	Compromise theories	p. 403, questions 1-4	What is DH?	100 Best (Rawls #28) FBI Crime Statistics (2007)
24	11/17	pp. 404-423	Moral education theory	p. 439, question 1 (Explain the reading)	What is "legitimate elimination"?	Columns article on UW murder class Fire Lover book
25	11/19	pp. 423-439	Objections to moral education theory	p. 439, questions 2, 3	What is paternalistic about moral education?
26	11/21	pp. 502-518	Mercy	p. 518, questions 1, 2	What is meant by "prima facie moral principles"?
27	11/24	Hume Smith PDF	Sentimentalist theories (Hume, Smith)	Explain why, according to Hume, societies develop institutions for organized punishment. What is the justification for doing so? Explain Smith's statement (in the footnote) about the Author of nature, regarding punishment. Explain Smith's view about the propriety of gratitude or resentment toward inanimate objects, animals, people. Explain Smith's three qualifications. What does he mean about shadows of merit and demerit?	According to sentimentalists such as Hume & Smith, what makes something right or wrong?	Hume's Standard of Taste excerpt
28	11/26	Burke PDF Also see 388-391	More sentimentalism (Burke)	Explain Burke's view of sympathetic revenge. Explain his claim that the mass of the people ought never be treated as criminal, and the reasons for this claim. What does he mean by rebellion against the Law of nature? Explain his claim about the impossibility of government standing for a year. Explain the bad consequences of "a great havoc among criminals." Why does Burke recommend punishing offenders from principle? Explain what he says about mercy and comparative justice. Explain why Burke thinks the grounds of libel laws just & equitable. What is the point of punishment in general, and of the pillory in particular? What does Burke think of the crime of sodomitical practices? Explain Burke's position regarding the subsequent libel.	What is the purpose of the pillory as punishment?	Gordon Riots Articles about U.N. & crimes against humanity: 11/30/07; 9/25/07
29	12/1	pp. 519-535	Capital punishment	Explain the legal reasoning in the cases.	Which Supreme Court Justice thinks the death penalty unconstitutional by its very nature?
30	12/3	pp. 535-548	In defense of capital punishment	Explain the arguments.	In addition to execution and confinement, what other criminal punishment is commonly used in this country?
31	12/5	pp. 548-568	Objections to capital punishment	Explain the arguments.	Which crime that we have discussed this quarter harms the victim's reputation?
	12/9 2:30-4:20 p.m. DEN 306	*Final Exam*	Bring blank intact green book