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Typed with 12-point font, Times New Roman, double-spaced (NO extra spacing before/after paragraphs)
Do NOT use a title page, just put your name, class, and paper option you are doing at the top of first page and then begin your paper (just like I did above)
Use 1 inch page margins on all sides (Top, Bottom, Left Side and Right Side)
Submit paper on Canvas (do not e-mail it to me) so TurnItIn can be used to check for plagiarism. It will show you your similarity report as soon as you turn it in and you can submit up to 3 times (if your first submission has a high similarity percent you should probably tweak some things and makes sure you aren’t plagiarizing – then resubmit it).
You must upload this paper to Canvas using a WORD document (.doc or .docx file- not a PDF, .text, some other type of file)
Your Bibliography (or References) should follow standard APA format and list all citations used in the paper.
References note: You do not have to use other sources besides the book, but it does substantially strengthen your critical analysis if you use an academic source to back up whatever stance you take in your paper. If you use outside sources, make sure you site them properly- I will be checking for plagiarism and do not want any of you to fail this assignment because you did not cite a source. If you have questions, use the writing center- it’s free!
DO not use or cite Wikipedia!
Note: Writing skills are critical to career success in the criminal justice field. To be successful, students must become proficient at discerning relevant information, analyzing it and then presenting it accurately, concisely and persuasively. In grading student papers I will be looking at those dimensions. Excellent grammar and prose that lacks good analysis will earn a lower grade. Likewise, impressive analysis that is poorly expressed will earn a lower grade.
Dr. Calli Cain
CJC 4310-001
Critical Analysis Paper – Option 7
For a variety of good reasons, some students may have difficulty writing. Students are responsible for mastery of the English language at the upper class level. A challenge for every professional is to know their weaknesses and to develop strategies to overcome them. Seeking assistance is a sign of maturity, not weakness. Students who would benefit from assistance should check out the FAU Center for Excellence in Writing (GS 215) Grading rubric
Possible Points Earned Points
Followed Formatting Instructions (3)
Critical Thinking Assessment (9)
Organization of paper (1)
Grammar & Spelling (2)
Grading Scale: Total Points = 15
Dr. Calli Cain
CJC 4310-001
Critical Analysis Paper – Option 7
Option 1: Corporal Punishment
In 1994, Michael Fay, an American teenager was convicted of spray painting parked cars in Singapore and was flogged as punishment. The flogging (called caning because it is done with a bamboo rod) sparked an international outcry from opponents of corporal punishment. In this country, however, it also led to a rebirth of interest in physical punishments—especially for teenagers and vandals.
The last official flogging of a criminal offender in the U.S. took place in Delaware on June 16, 1952, when a burglar was tied to a whipping post in the state’s central prison and was given about 20 lashes. Since then, no sentencing authority in this country has imposed flogging or whipping as a criminal punishment, and most jurisdictions have removed all forms of corporal punishments from the statutes. Amnesty International, however, reports that whipping is still in use in parts of the world for certain kinds of prisoners. After the Fay flogging, lawmakers in eight states introduced legislation to institute whipping or paddling as a criminal sanction- arguing that it would do less harm (for offender and society) in the long run than sending them to prison. Mississippi legislators proposed paddling graffitists and petty thieves, Tennessee lawmakers considered punishing vandals and burglars by public caning on courthouse steps, the New Mexico Senate Judiciary Committee examined the feasibility of caning graffiti vandals, and Louisiana looked into the possibility of ordering parents (or a correctional officer if the parents refused) to spank their children in judicial chambers. So far, none of these proposals have become laws. 1.) Would a return to corporal punishments, in the form of whipping or paddling, be justified for some offenders? Why or why not?
2.) Might paddling be appropriate for some juvenile offenders? Why or why not?
3.) Do you think that any state legislatures will eventually pass legislation permitting the paddling or whipping or criminal offenders? Why or why not? 4.) Do you think corporal punishment could have some benefits for offenders and/or for society, as opposed to other forms of punishment (e.g., intensive supervision probation, incarceration)?
Option 2: Capital Punishment
Proponents of capital punishment frequently cite deterrence as a benefit of the death penalty (argument 1). Some studies refute this contention. When confronted with such studies, proponents sometimes respond that execution “will definitely deter the executed offender.” They also argue that death is the only thing that some offenders really “deserve.” (2). Opponents of the death penalty often point out that research shows that executing someone costs more than incarcerating them for life (3). They also argue that current capital punishment practices “violate the evolving levels of decency that define a civilized society” (4). Dr. Calli Cain
CJC 4310-001
Critical Analysis Paper – Option 7
1.) How would you respond to the proponent’s first argument?
2.) How you would respond to the proponent’s second argument?
3.) Do you think there is a point at which the economic consequences of execution outweigh its value to the public? Explain.
4.) Do you agree with the opponent’s second statement? Why or why not?
5.) Is your stance on the death penalty (whether you oppose or support it) informed by the Innocence Project? If it is not- browse their website to learn what they do and results they can had. Then discuss something you learned and whether that changed or strengthened your viewpoint or why you still feel/think the same?? If your personal views are already informed by the Innocence Project- discuss how it has educated your opinion? Option 3: Probation Effectiveness
Recidivism is one current measure of probation effectiveness. Others include the amount of restitution collected, the number of offenders employed, the amounts of fines and fees collected, the number of community service performed, the number of treatment sessions completed, the percentage of financial obligations collected, the rate of school enrollment, the level of educational attainment, the number of days employed, and the number of days drug free. 1.) How important to you, as a taxpayer, is recidivism as a measure of program success?
2.) Do you believe probation officers can really keep offenders from committing new crimes or violating the conditions of their probation?
3.) If you were a probation officer today, by which outcome measure would you want to judge those you supervise? Why?
4.) If recidivism is used as a measure of probation’s effectiveness, how should it be defined? (e.g., when an offender commits a new crime? When an offender commits a technical violation? When an offender is arrested for a new offense? When offender is convicted of a new offense?)
Option 4: Future and the goal of corrections?
1.) Given the history of corrections and how punishment has worked (or not worked) in the past, should today’s sentencing efforts be focused on rehabilitation, incapacitation or retribution? Why?
2.) Do you support a rehabilitative or punitive approach to treating juvenile delinquents? Why? Why might today’s society be inclined to a “get tough on juveniles” attitude?
3.) Which group of special needs offenders do you think poses the greatest challenge for corrections and why? 4.) Do you think all the collateral consequences of criminal conviction are fair? Or should felons ever be able to vote? Hold public office? Serve on a jury? Own or possess a firearm? Adopt a child? Why or why not? Dr. Calli Cain
CJC 4310-001
Critical Analysis Paper – Option 7
Option 5: “Solitary Nation” Reaction Paper Watch the 54-minute documentary “Solitary Nation,” available for free online through PBS Frontline. See Write a paper in which you summarize the video and then answer the following questions: 1.) What are the prison warden’s dilemmas when it comes to trying to reduce the use of solitary confinement? 2.) If the warden consulted with you, what type of policy might you recommend to address these dilemmas?
3.) What issues identified in the film make solitary confinement necessary for prisons? a. Do you think there is a different way that prison administrators and staff could deal with these issues besides resorting to solitary confinement? If so, what would you suggest? What would be the drawback of using this method over solitary?
4.) Do you think the use of solitary confinement is a big issue in Florida or just in other states? (Note, you may want to look this up so you can talk about it with some facts). 5.) How does solitary confinement support the goals of corrections? How does it work against the goals of corrections? Option 6: Juvenile Corrections A waiver is referred to as “transfer to adult court,” and attempts to avoid lenient treatment of the juvenile system. Over time, the rate of waiver has stayed constant, however some question whether the waiver process is fair or just, especially if the youth waive to adult court has a history of abuse. For this option, I want you to critically think about and answer the following:
1. What if all 15-17 year-olds charged with a violent offense (i.e., rape, murder, assault and battery, assault and battery with a dangerous weapon) were automatically waived into the adult criminal system? How would this impact the criminal justice system and society in general? Explain.
2. Should society and the juvenile justice system take into account that youths’ brains are not fully developed until the age 25? If not, why? If so, why? 3. Would it matter if the youth accused of committing the violent crime had their own history of victimization? If so, would the severity or duration of their own victimization matter (e.g., if they were severely physically, mentally and sexually abused from age 3 to 14 versus if they were beaten a couple times as a 10-11 year old for being non-
compliant)? 4. Does gender matter? In other words, should male and female offenders/victims be treated similarly given that they often respond to victimization differently? 5. What if the youth were in the foster care system (i.e., under government care) most of their life before the committed the violent crime, would that be something the prosecutor and judge should take into account when deciding whether to waive them to adult court? Explain. Dr. Calli Cain
CJC 4310-001
Critical Analysis Paper – Option 7
Option 7: The New Jim Crow and Racial Discrimination in Corrections
Michelle Alexander is a civil-rights advocate, lawyer, legal scholar, and professor at Ohio State University. She is the author of the book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” where she argues that a new generation of young, black men have come under the control of the criminal justice system due to drug and crime policies of the last 30 years. She has been on numerous media outlets since publishing her award-winning book in 2010, making her case that the war on drugs, “get-tough” sentencing policies and racism has created a caste system similar to that of our segregationist past, hence “The New Jim Crow” title. Alexander has ignited a national conversation about justice in America and sparked a movement. In addition to her strong presence on national media outlets, Alexander has traveled the country to meet advocates and everyday Americans working to end mass incarceration in America — home to 25 percent of the world’s prisoners, despite representing only five percent of the world’s population. Alexander’s introduction to the book:
“What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So, we don’t. Rather than rely on race, we use our criminal justice system to label people of color “criminals” and then engage in all the practices we supposedly left behind. Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African Americans. Once you’re labeled a felon, the old forms of discrimination- employment discrimination, housing discrimination, denial of the right to vote, denial of the educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service-are suddenly legal.”
For this option, you must watch the following interview that Michele Alexander does and respond to the questions below.
of-the-american-dream/ (35 min)
1. Alexander severely criticizes the War on Drugs and argues that it created the subtext for a new system of racialized social control? Discuss the reasons for her position. Do you agree or disagree? Explain why you agree or disagree.
2. How does mass incarceration function as a mechanism of racialized social control in the United States today?
3. How has this system impacted poor and low-income people, regardless of their race/ethnicity? How has it impacted more affluent people?
4. What impact has the “War on Drugs” had on your community, your city or town, your state, and the nation? How is it reflected in the political and social discourse where you live? How is it reflected in the economic circumstances and systems in your area?
Dr. Calli Cain
CJC 4310-001
Critical Analysis Paper – Option 7
Option 8: The Current War on Marijuana & Correctional Implications Purpose: There are various arguments and counterarguments regarding whether marijuana should be legalized, or at least decriminalized. For example, the legalization of marijuana would create a larger tax base, lower government spending (on drug enforcement/locking up users), and create jobs. However, some worry about the health consequences of legalizing marijuana. Public attitudes toward the legalization or decriminalization of marijuana have vacillated over the years. In more recent times the debate has gained new momentum as some states have taken the initiative to legalize marijuana on a limited basis for personal medicinal purposes, while other states have also legalized it for recreational use. The video, California High: The Great Marijuana Debate, examines the ethical implications of the illegal status of marijuana in terms of its impact on incarceration of low level offenders for a “victimless crime”. If you choose the paper option 3- you will need to watch this video (53 minutes). It is available to all students but you have to sign in with your FAU ID to access it off campus Assignment: Watch “California High”, which presents a balanced look at the intense controversy over the legalization of marijuana and its wide-ranging consequences. For this paper option, you must:
1. Analyze the pros/cons of legalizing marijuana and explicitly talk about the difference between legalizing it for medical vs. recreational purposes. 2. Does the purpose for using it matter? 3. Talk about the social, economic and health issues linked to the abuse of marijuana and whether or not the cost of decriminalizing marijuana is proportionate to these issues.
4. You might also talk about why alcohol and tobacco are legal or socially acceptable substances while marijuana is not (among some people and most state/federal governments). Video descriiption: When California voters passed the first medical marijuana laws in 1996 it sparked a chain reaction that led to 18 other states enacting similar laws. Four states have since legalized marijuana for recreational use. With a statewide vote expected on legalization in November 2016, California is now considered the key battleground in the national marijuana debate. The results of the vote in the largest state in the nation will likely have far-reaching implications for America, and possibly the world. California High journeys from the indoor grow rooms of Los Angeles to the remote mountains of Humboldt to present the perspectives of people on all sides of the debate – medical marijuana dispensaries, addiction specialists, lawyers, doctors, leaders of major advocacy groups, government officials, and ordinary Californians. The film begins by exploring how California’s medical marijuana laws have been interpreted and have worked, including the wide variety of marijuana products – from breath mints to bagel bites – now available in thousands of state dispensaries. It also explores the disputes over the medical value of marijuana and the anticipated impact legalization will have on usage, as well as looking back at the history of marijuana laws and usage in the United States. As the film shows, this is a debate with no easy answers and even some surprises — many of the people against the legalization of marijuana are those now growing and selling medicinal pot.