LS102Spring 2020Syllabus-Draft A.docx NP PDF

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LS 102

Policing and Society

Spring 2020

Lecture Meetings: Tuesday & Thursday 3:40-5:00 in 155 Kroeber Hall Instructor: Richard Perry, J.D., Ph.D. Email is the best mode of contact: [email protected]

Office hours: Monday 4:10-5:00; Tues. 2:40-3:30 in Café Zeb & by appointment (starting Jan. 28th: please email in advance for a time slot, so there is not a large crowd at the same time) GSI: : Eduardo Bautista Duran: [email protected] Office hours Weds. 10:00-12:00 Cafe Zeb NOTE: Discussion Sections DO NOT MEET until Week II DIS 101 Weds. 4:10-5:00P | 185 Barrows DIS 102 Thurs 2:10P-3:00P | 104 Barrows

Course Syllabus Course Description This course examines the American social institution of policing. It explores the social, economic and cultural forces that pull policing in the direction of state legal authority and power as well as those that are a counter-weight to the concentration of policing powers in the state. Special attention is given to how policing shapes and is shaped by urban and other landscapes, legal-political-cultural spaces of governance. Topics include exploration of: what is policing and who the police are as socio-governmental institutions; growing reliance on surveillance, technologies of social control and privatization of policing, including corporate policing; forces that shape why policing agencies and personnel do what they do; changing personnel and organizational styles of urban law enforcement; law enforcement abuse of state authority, including issues of racial profiling; policing urban youth in schools and on the streets; and post-9/11 policing often cateforized as “homeland and border security.” Content Considerations: Please note that any study of policing, crime, and the criminal justice system generally necessarily touches on topics of physical and psychological harm. We will do everything possible to accommodate our student’s individual needs as we critically discuss the course content. Virtually all of us have had some experiences of crime and of police interventions, therefore if our course material touches on your individual experience in ways that make your educational experience difficult, please email your instructors and arrange an appointment for office hours in advance so we can discuss how we can best accommodate your circumstances. 1

Required Readings Jerome Skolnick Justice without Trial: Law Enforcement in Democratic Society (4th ed. 2011; originally published in 1966). This is a classic text on modern policing authored one of our department’s founding members -- Skolnick’s observations are still influential and still controversial after more than 50 years. Many weeks’ readings will include a chapter from Skolnick, complemented by other more recent readings, found in weekly folders under the “Files” tab for that week on our bCourses site. Please follow the bCourses site closely for LS 102 for weekly readings, announcements, etc.

Student Responsibilities: Attendance: Students are expected to attend all lectures and section meetings having already prepared any readings or assignments. Also, as noted below, class participation will count for 20% of the course grade. A CAVEAT ON MISSED TESTS: If you should find that you must miss a test due to serious illness or other circumstances, you must email your GSI before the announced test period to notify them of your situation. The GSI will discuss your circumstances with the professor and an effort will be made to assist you. However, a student who misses a test and only contacts the GSI days after the testing date is not likely to be allowed to sit for a make-up test.

University Regulations on Specific Scheduling Accommodations: DSP ACCOMMODATIONS: If you have specific needs due to documented disabilities we will make every effort to accommodate them, with assistance and guidance from the Disabled Students Office. For information on University policies regarding students with disabilities, and federal and state laws affecting people with disabilities, consult: http://access.berkeley.edu/ Please convey your DSP letter to your GSI early in the term so that we are able to make the necessary arrangements. ACCOMMODATION OF RELIGIOUS CREED In compliance with Education code, Section 92640(a), it is the official policy of the University of California at Berkeley to permit any student to undergo a test or examination, without penalty, at a time when that activity would not violate the student's religious creed, unless administering the examination at an alternative time would impose an undue hardship that could not reasonably have been avoided. 2

Requests to accommodate a student's religious creed by scheduling tests or examinations at alternative times should be submitted directly to the faculty member responsible for administering the examination by the first week of the term.

Student Evaluation: The overall semester apportionment of grading for LS 102 will be as follows: i. Participation in lecture and sections: 10% + 10% = 20% ii. Two in-class Midterms: 25% + 25% = 50% iii. The take-home final exam essay whose prompt will be posted during RRR Week, with the essay to be submitted to bCourses by the University's assigned final exam time slot no later than 6:00 on Friday May 11th  : 30%

Total = 20% + 50% + 30% = 100

Spring 2020 Schedule of Topics, Readings, Tests, Speakers (The precise dates of readings may vary somewhat according to course pacing needs, guest speakers’ scheduling, etc.)

UNIT Course Introduction

Date

Main Questions

Reading Assignment(s)

1/21

What will we learn in this course?

Linebaugh, P. (2015, February 13). “Police and Plunder.” Retrieved from http://www.counterpunch.org/2 015/02/13/police-and-plunder/.

What frameworks will allow us to explore police? (Sociology, public policy, legal studies, critical theory) UNIT 1: Historical genealogy of modern policing

1/23

What conceptions of “police” do you bring to this course? How do historians trace the genealogy of “modern” policing? How was “police” first conceived as a noun, and then as a verb, “to police,” in the new Enlightenment constitutional republic, 3

Dubber, M. D. (2005). The Police Power: Patriarchy and the Foundations of American Government. Introduction and Ch. 4 Recommended Loader, I., & Zedner, L. (2007). Police Beyond Law? New Criminal Law Review: An International and Interdisciplinary Journal, 10(1), 142–152. https://doi.org/10.1525/nclr.200

the United States of America? Pre-Modern Policing: Slave Patrols and Texas Rangers

7.10.1.142

Rec. Foucault, M. 1983 Security, Territory, Population excerpt on bCourses

1/28

What were slave patrols, and what function did they play in pre-civil war society?

Reichel, P. L. (1988). Southern slave patrols as a transitional police type. Am. J. Police, 7, 51.

What elements of slave patrols might still endure today in our policing institutions?

Bechtel, H. K. (1995). State Police in the United States: A Socio-historical Analysis. Greenwood Publishing Group, pp. 31-37 and 141-145

What were the ideological underpinnings of slave patrols? (Certain members of society are worth less than others, and their movements must be closely monitored). What were the Texas Rangers, and what purpose did they serve? Considered together, what do the slave patrols and Texas Rangers illuminate about the emergence of “law enforcement” in the USA? What determines who is controlling the movement of -- and meting out punishment to -- others, versus who is being controlled?

4

Blumenthal, R. (2004, Oct. 31). New Charges Tarnish Texas Rangers’ Image and Reopen Old Wounds. New York Times. Retrieved from http://www.nytimes.com/2004/1 0/31/us/new-charges-tarnish-te xas-rangers-image-and-reopenold-wounds.html?mtrref=www .google.com

UNIT 2:

2/4

Pioneers of Modern Police Science , at Berkeley and elsewhere

2/6

Walker, Policing and Society, Chs. 1 and 2. How do 20th century policing scholars trace the genealogy of modern policing? In what ways is this different from - or similar to - the genealogy described by Dubber? (Dubber reaches much farther back, while Skolnick and Bittner discuss relatively recent policing in England as developed by Sir Robert Peel).

Bittner, E. (1970). The functions of the police in modern society. National Institute of Mental Health, Center for Studies of Crime and Delinquency Chevy Chase, MD, Chs. 1-3

Skolnick, J. H. (2011). Justice Without Trial: Law Enforcement in Democratic Society. Quid Pro Books, Ch. 1

What is the primary tension of police work as discussed by Skolnick? (maintain order, but do so under the rule of law) How have Bitter and Skolnick influenced recent policing scholars? By the time Bitter and Skolnick published their works, what did “police” - as noun, not verb -- refer to? (Uniform, differentiation of duties, hierarchy) UNIT 3: Evolving stages and strategies of policing

2/5

How can we differentiate the political, reform, and community problem-solving era of U.S. policing?

5

Kelling, G. L., & Moore, M. H. (1989). The evolving strategy of policing. Washington, DC: US Department of Justice, Office of Justice Programs, National Institute of Justice

What were the key features of each era, and the key factors that caused the transition from one to the next, according to Kelling & Moore? 2/11

How does Willrich describe the evolution of the criminal justice system in the 20th century? (Progressive ideas > expanded federal participation during the interwar period > rights revolution post WWII > backlash)

Willrich, Michael. "Chapter 6: Criminal Justice in the United States." The Cambridge History of American Law. vol. 3 Ed. Christopher L. Tomlins and Michael Grossberg. New York: Cambridge University Press, 2008. 195-231.

What were Progressive opinions of the causes of, and solutions to, criminality? How did the interwar period (1920s and 1930s) serve as a departure from the norm that state, not federal, government dominates the criminal justice system? UNIT 4: Rights Revolution and Backlash in Action

2/13

How do police officers view the procedural demands of the rights revolution?

Skolnick, J. H. (2011). Justice Without Trial: Law Enforcement in Democratic Society. Quid Pro Books, Chs. 9-10

How do criminal suspects’ rights - as guaranteed by the Warren Court making police work more difficult?

See: Terry v. Ohio 1967, Tenn. v, Garner 1985, Graham v. Connor 1989.

How do the expectations of different people

See also, Stoughton 2017 Terry and the (un)Forgettable Frisk.

6

(their superiors, society at large) impact police work, especially the degree to which police officers feel they must play by procedural rules?

Also: http://mimesislaw.com/fault-lines/ cross-seth-stoughton-cop-turnedprawf/12752

How, in the present day, might political pressures change the way police conduct themselves? 2/18

What was the Commission’s view of the relationship between the police and the communities they serve, particularly in urban and poorer communities?

President’s Commission on Law Enforcement (1967), The Challenge of Crime in a Free Society, Ch. 4: The Police

To mitigate this, what kinds of changes does the Commission recommend? (community relations programs to build partnerships, improve communications and increase trust)

2/20

Are the Commission’s findings still relevant today? See: Corley, C. (2017, October 6). President Johnson’s Crime Commission Report, 50 Years Later. Retrieved November 29, 2017, from https://www.npr.org/2017/10/06/542487124/president-johnsons-crime-commission-report-50-years-later Also see: Anthony Platt, 2017 On the President’s Commission

2/27

MIDTERM Test #1

7

UNIT 5: The Police Experience

3/3

Who are “assholes,” and what is the police perspective about how they must be handled.

Van Maanen, J. (1978). “The Asshole,” in Policing: A View from the Street, Eds. Peter K. Manning and John Van Maanen, pp. 221-237

In your own experience, do you agree that dealing with assholes is really “what the police are all about,” as Van Maanen asserts? 3/5

What defines, according to Skolnick, a police officer’s job? (Authority and danger) How do these elements interact within the officer’s working environment?

Skolnick, J. H. (2011). Justice Without Trial: Law Enforcement in Democratic Society. Quid Pro Books, Chs. 3-4 Herbert, Steven 1996 Policing Space in Los Angeles, excerpts.

How do these biases arise? What is a “symbolic assailant” UNIT 6:

3/5

Critical Criminology

What are the fundamental differences between the way critical and traditional criminologists view the development of policing? What do critical criminologists assert is the true purpose of law enforcement?

3/10

What does Chambliss mean when he refers to 8

Harring, S. (1976). The development of the police institution in the United States. Crime and Social Justice, (5), 54-59. Institute for the Study of Labor and Economic Crisis (San Francisco, Calif.), & Platt, T. (1982). The iron fist and the velvet glove: An analysis of the US police. San Francisco: Crime and Social Justice Associates. Introduction. Platt, Anthony, Beyond these Walls, Ch. 4 (recommended, Ch. 5) Chambliss, W. J. (1994). Policing the Ghetto Underclass: The

the “crime industry”? What caused the rapid growth during the 20th century of this crime industry? UNIT 7:

3/12

Broken Windows and Community Policing

3/17

What do the authors believe is the natural consequence of “one broken window”?

Wilson, J. Q., & Kelling, G. L. (1982). Broken windows. Atlantic monthly, 249(3), 29-38.

Given this progression, how should police officers focus their work?

Greenberg, M. (2014). 'Broken Windows' and the New York Police. NEW YORK REVIEW OF BOOKS, 61(17), 22-24.

Why does Harcourt criticize broken windows policing?

Harcourt, B. (2002). Policing Disorder: Can we reduce serious crime by punishing petty offenses. Boston Review, 27(2).

Who are the populations most impacted by aggressive policing? How do BW proponents continue to defend the practice?

UNIT 8: Contemporary Debates

Politics of Law and Law Enforcement. Social Problems, 41(2), 177–194. https://doi.org/10.2307/3096929

3/19

What are the alternative explanations for New York’s crime drop, if not BW -- (Stop & Frisk)?

3/24 & 3/26

No class - Spring Break!!!!

3/31

MIDTERM Test #2

4/2

Why does Heather Mac Donald argue that BLM is 9

Bratton, W., & Kelling, G. (2006). There are no cracks in the broken windows. National Review, 28. Zimring, F. E. (2011). The city that became safe: New York's lessons for urban crime and its control. Oxford University Press. Preface, Ch. 5, Conclusion

Mac Donald, H. (2017). The war on cops: How the new attack on law and order makes

counterproductive? Who does she argue is to blame for the rising ire against police officers? Who suffers most?

everyone less safe. Encounter Books, Part 1: Chs. 1-6; Part 2: Chs. 14-15

What evidence does Mac Donald marshal to prove her point? Is it convincing? 4/7

Is police killing of civilians a new problem?

Zimring, F. E. (2017). When Police Kill. Harvard University Press. Chs 1, 11, 12

If not, why did it suddenly start to receive national attention in 2014? What are some suggestions for reducing police killings of civilians? 4/9

What is the “Youth control complex”? Who are the people and institutions that contribute to young men’s punitive environment? What are some ways in which youth take control or resist their criminalization? Rios, unlike other scholars we’ve discussed, has been on the receiving end of the police violence he studies. How does this legitimize his work?

10

Lichtblau, E. (2016). FBI director says ‘viral video effect’ blunts police work. The New York Times, 11, https://www.nytimes.com/2016/ 05/12/us/comey-ferguson-effect -police-videos-fbi.html?_r=0& mtrref=onlinelibrary.wiley.co m&gwh=549045354A213065C8 7AF7ADB4913F47&gwt=pay

Rios, V. M. (2015). Policed, Punished, Dehumanized. Deadly Injustice: Trayvon Martin, Race, and the Criminal Justice System, 59.

UNIT 9: Policing 4/14 in a Globalized Context

What laws are used to target immigrants, and who are the actors enforcing those laws? What does it mean to say that civil immigration law and criminal law are becoming more intertwined?

Policing Immigrant Communities (2015), 128 Harv. L. Rev. 1771, retrieved from https://harvardlawreview.org/2 015/04/policing-immigrant-com munities/

Why has there been seeming impunity for immigration policing? What are some suggestions for improvement? 4/16

What do the authors mean by “multijurisdictional patchwork” of immigration enforcement policies and practices?

Provine, D. M., Varsanyi, M. W., Lewis, P. G., & Decker, S. H. (2016). Policing Immigrants: Local Law Enforcement on the Front Lines. University of Chicago Press, Chs. 1 & 3

In what ways do jurisdictions differ in immigration enforcement? What are notable differences between sheriffs and police chiefs? What is problematic about this patchwork?

4/21

How did local involvement in immigration enforcement change over time? What are the roles of law 11

Armenta, Amada. Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement. Oakland: University of California Press, 2017. doi: https://doi.org/10.1525/luminos

enforcement officers (especially through 287(g))?

.33, Intro, Ch 1

How are Latinx communities the most impacted? 4/23

What does “homeland security policing” mean? What are the benefits and drawbacks of increased participation of local police departments in homeland security efforts?

Christopher W. Ortiz , Nicole J. Hendricks & Naomi F. Sugie (2007) Policing Terrorism: The Response of Local Police Agencies to Homeland Security Concerns, Criminal Justice Studies, 20:2, 91-109, DOI: 10.1080/14786010701396830

Grabosky, P. (2008). Community policing in an age of terrorism. Crime, law and social change, 50(1-2), 1-5. 4/28

Crimmigration and territorial sovereignty

4/30

Review and Reflection

5/4-8

RRR Week

Policing the Borderlands

Supplementary office hours on 5/4 Take-home Exam Prompt posted on 5/5

5/15 10:00 PM

FINAL EXAM DEADLINE

TEN DAYS ALLOTTED TO COMPLETE THE TAKEHOME ESSAY FINAL EXAM

The Registrar has assigned our class the FRIDAY, MAY 15, 2017 7:00-10:00 PM as our Final Exam time slot. We are required to use that officially assigned time as the deadline for submitting our take-home essay final exam. The final exam must be submitted to bCourses. The prompt will provide specific directions for the submission process.

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