Professor: Bruce Wright, Ph.D. Brenda Vogel, Ph.D.

Office: UH506 UH535

Extension: 278-3437 278-2504

e-mail bwright@fullerton.edu bvogel@fullerton.edu

Office hours: M 12-1 MWF 9-10

W1-2 & 4-6 by appt.

Class Location: UH248

Class Time: MWF 10-10:50

This course is designed to familiarize students with the classic philosophical views on the justification of punishment including retribution, utilitarianism, and incapacitation. Rehabilitation and treatment, as alternatives to punishment, will also be discussed. In addition, current alternatives to traditional punishment such as restorative justice will be explored. Special emphasis will then be placed on the suggestion that there is a basic difference in the justification for why anyone should be punished at all and the kinds of practices that are currently used to deal with those convicted of crimes. In this vein, the various perspectives will then be applied to a number of specific contexts, including the use of the death penalty, the punishment of juveniles and the mentally ill, and the role of the victim in punishment.

Murphy, J. (1995). Punishment and Rehabilitation. (3^rd ed.).

Belmont, CA: Wadsworth.

Zimring, Fl E. & Hawkins, G. (1995). Incapacitation: Penal confinement and the restraint of crime. New York: Oxford University Press.

Other readings provided by the professor or placed on reserve in the library.

This class will emphasize discussion, therefore your knowledge of the readings is essential. Students are required to complete readings by the day they are assigned on the syllabus.

I. Introduction (1 week)

1. The relationship between theory and practice in punishment
2. Free Will vs. Determinism; Consensus vs. Conflict

II. Philosophical and Historical Background (5 weeks)

1. Historical Background Reading: Murphy, Pref. & Intro.
2. Retribution Reading: Murphy, pp.8-12;Part III
3. Deterrence and Utilitarianism Reading: Murphy, pp. 21-35;Part II
4. Rehabilitation Reading: Murphy, Part V
5. Treatment

III. Contemporary Theory and Practice (3 weeks)

1. Incapacitation Reading: Zimring & Hawkins
2. Restorative Justice Reading:

IV. Some Special Problems and Issues (6 Weeks)

1. Capital Punishment Reading:
2. The Role of the Victim Reading: Murphy Part IV
3. Culpability Issues Reading:

1. Juveniles
2. Mentally Ill
3. Imperfect self-defense
4. Addiction

Three writing assignments and class participation/preparation are required for this class.

Paper 1 (due Friday, March 12): 25%

Paper 2 (due Friday, April 23): 25%

Paper 3 (due Wednesday, May 26 ): 50%

Class participation and preparation is expected and may be considered in your grade either positively or negatively.

Late papers will be docked at least one letter grade.

Writing assignments:

The assignment for this semester is the writing of a substantial paper. You are guided by the following breakdown of the stages in creating such a paper.

Essay 1

"Formal theories of punishment developed largely as a sort of civilizing of traditional barbaric practices, although they have origins in classical legal and political philosophy."

Write an essay examining the works of at least one classical thinker as well as the selections in Murphy. Develop arguments both to support and refute this proposition. Like all other essays this should flow from a thesis relevant to the claim stated in the first sentence above.

Your essay should focus on the work of a pre-twentieth century thinker that deals with punishment. Some examples include Plato, Aristotle, The Bible, The Koran, Augustine, Machiavelli, St. Thomas, Cesare Beccaria, Hobbes, Rousseau, Jeremy Bentham, Kant, Hegel and Marx. Considering the Euro-centered and masculinist character of much of what we call "philosophy," examining the works of a woman or non-European thinker who wrote about punishment would be especially welcome (would Confucius count?) Your choice of thinkers should be approved by one of the instructors.

Essay 2

Considering what you wrote in the first paper, examine the extent to which contemporary theories of punishment (e. g. rehabilitation, treatment, incapacitation and restorative) are a rational development of classical theories or are simply based on social and political changes outside of philosophy. You should consult a relevant body of literature (at least one book or three articles from professional journals) in developing your thesis. For selection of materials you may wish to consult the bibliography at the end of the Duff selection in Murphy’s book.

Essay 3

Choose a contemporary problem involving punishment. Consider how resolution of this problem can be aided by the materials you have considered in the first two essays. This essay should be based on substantial research in literature that examines existing practices related to your problem. You should present a proposal for reform of existing practices, for the development of new practices or a defense of present practices from their contemporary critics. A substantial bibliography of works consulted should be included.

Note: Each of these papers should be written in a style consistent with professional writing as it would appear in a political science or criminal justice journal. They should demonstrate good English writing skills and proper form and structure for academic papers. The extensive comments and criticisms made on the first two papers should help you in perfecting your skills for the final paper. Where appropriate, and especially just after you have received the first two paper back there will be substantial classroom time devoted to a discussion of writing problems as demonstrated in the papers submitted by the class. You are encouraged to consult with the faculty about your specific writing problems.