School of Public Affairs
The American University
Fall 1994
73.100.02 - JUSTICE IN AMERICA
Tuesday and Friday at 9:55 - 11:10 a.m.
Ward 109
Faculty: Dr. Jeffrey A. Schaler
Office: Ward 216
Telephone: (301) 585-5664 in Silver Spring, Md.
Office hours: (by appointment)
Course Description
Does society blame individuals exhibiting abnormal behavior for social problems, and deprive them of justice and liberty in the process? Or does society use the idea of medically-based deviance to absolve citizens of responsibility for their criminal behavior? Under what circumstances, if ever, should government be paternalistic and serve as a "therapeutic state," protecting citizens from themselves? What does "justice" really mean? How and why shall we punish persons?
In this course students explore answers to these controversial questions. During the first half of the semester we examine the history of scapegoating and its relation to the invention of mental illness as a means of social control. In particular, we study the history of medicalizing deviant behavior. In the second half of the semester we examine psychiatrically-influenced conceptions of justice, specifically the right to stand trial. We then take a look at "how penal institutions and the power to punish became a part of our lives." Lecture and discussion format.
JUSTICE IN AMERICA is one of seven foundation courses in Curricular Area 4, the Social Institutions and Behavior, in the university's General Education Program. This course is the first of a two-course sequence. Students who take Justice in America may complete the sequence in Social Institutions and Behavior by taking one of the following second-level courses in Area 2:
- 29.220 Women in Modern America
- 53.215 Civil Rights and Liberties
- 57.215 Abnormal Psychology and Society
- 73.200 Deprivation of Liberty
- 73.215 Violence and Institutions
Each of these courses explores in more depth a topic introduced in Justice in America. The courses that are particularly related to the material you will be introduced to are the second, third, and fourth courses listed, those that deal with civil rights, liberties, and abnormal psychology and society. By taking this course in Justice in America you will be familiar with issues addressed in these second-level courses, and will be able to build on the learning experiences of this foundation course through further study of the subjects you have found most interesting.
Course Objectives
- To understand historical explanations of deviant behavior and their relation to criminal justice.
- To understand the medical model of criminal behavior.
- To become familiar with problems in the relationship between psychiatry and the law.
- To learn to evaluate public-policy interpretations of psychiatrically-based explanations for abnormal behavior and their relation to issues concerning criminal justice.
- To explore philosophical perspectives on the concept of justice.
Course Requirements and Grades Quiz 1 20% Mid-term examination 30% Quiz 2 20% Final examination 30% Total = 100%
(All grades are assigned on a numerical basis: 100 = A+, 99-91 = A, 90 = A-, 89 = B+, 88-81 = B, 80 = B-, 79 = C+, 78-71 = C, 70 = C-, etc.)
Teaching assistant: Brian Iori
Required Texts
Conrad, P. & Schneider, J.W. (1992). Deviance and medicalization: From badness to sickness. expanded edition. Philadelphia: Temple University Press.
Foucault, M. (1979). Discipline & Punish: The birth of the prison. New York: Vintage.
Szasz, T.S. (1970). The manufacture of madness: A comparative study of the Inquisition and the mental health movement. New York: Harper & Row.
Szasz, T.S. (1988). Psychiatric justice. Syracuse, New York: Syracuse University Press.
* Clear and accurate writing will be taken into account in assigning grades, as well as participation in class discussions. Material discussed in class, or in films, and not in any of the readings, may form the basis for questions on the examinations. One grade reduction for over five class absences. Students are responsible for anything covered in class during their absence. Readings must be completed by the session to which they are assigned. Additional readings may be assigned during the course.
Class Schedule Date Topic Reading August 30 Introduction: Deviance and justice in America D & M: v-16 September 2 Badness to sickness: the medical model D & M: 17-72 September 6 Alcoholism & Addiction D & M: 73-144 September 9 Children & medicalization D & M: 145-171 September 13 Homosexuality D & M: 172-214 September 16 Medicine & crime D & M: 215-240 September 20 Medicine as institution of social control D & M: 241-260 September 23 Summary D & M: 261-end September 27 Review September 30 Quiz 1 October 4 Inquisition & institutional psychiatry Szasz: xv-136 October 7 Manufacture of madness Szasz: 137-292 October 11 Review for mid-term examination October 14 Mid-term examination October 18 Incompetence to stand trial Szasz (PJ): 9-36 October 21 Laws pertaining to mental competence Szasz: 37-55 October 25 The psychiatrist as adversary Szasz: 56-84 October 28 The case of Mr. Louis Perroni Szasz: 85-143 November 1 The case of Mr. Abraham Hoffer Szasz: 144-177 November 4 The case of Mr. Edwin A. Walker Szasz: 178-225 November 8 The case of Mr. Frederick Lynch Szasz: 226-248 November 11 Review and recommendations Szasz: 249-272 November 15 Quiz 2 November 18 Torture Foucault: 3-72 November 22 No class November 25 No class November 29 Punishment Foucault 73-104 December 2 Discipline Foucault: fin December 6 Review December 9 No class December 16 Final examination 8:30 a.m. to 11:00 a.m.
Academic Integrity Code
"Standards of academic conduct are set forth in the University's Academic Integrity Code. It is expected that all examinations, tests, written papers, and other assignments will be completed according to the standards set forth in this code. By registering, you have acknowledged your awareness of the Academic Integrity Code, and you are obliged to become familiar with your rights and responsibilities as defined by the Code. Violations of the Academic Integrity Code will not be treated lightly, and disciplinary action will be taken should such violations occur. Please see me if you have any questions about the academic violations described in the Code in general or as they relate to particular requirements for this course."
Department of Justice, Law and Society
School of Public Affairs
The American University
Fall 1996
73.100.01 - JUSTICE IN AMERICA
Wednesday 5:30pm - 8:00pm
Ward 320
Faculty: Dr. Jeffrey A. Schaler
Office: Ward 216
Telephone: (301) 585-5664 in Silver Spring, Md.
E-mail: jschale@american.edu
Office hours: (by appointment)
Course Description
Does society blame individuals exhibiting abnormal behavior for social problems, and deprive them of justice and liberty in the process? Or use medical explanations for deviance to exculpate people for criminal behavior? Under what circumstances (if ever) should government be paternalistic and serve as a "therapeutic state," protecting citizens from themselves? What is "justice?"
In this course students explore the answers to those and related questions by examining the relationship of responsibility and justice. During the first half of the semester we examine sociological perspectives on deviance and their relation to explaining and predicting criminality. You will also be introduced to controversial policies and issues such as the insanity defense, addiction and criminal responsibility and some problems of law and psychiatry. In particular, we look at circumstances where responsibility and accountability for behavior is absolved. In the second half of the semester we examine circumstances where responsibility is assigned (and perhaps should not be), for example in conspiracy theory, recovered memory, accusations of sexual abuse in children, etc. We also examine deprivation of due process and competency to stand trial. Lecture and discussion format.
JUSTICE IN AMERICA is one of seven foundation courses in Curricular Area 4, the Social Institutions and Behavior, in the university's General Education Program. This course is the first of a two-course sequence. Students who take Justice in America may complete the sequence in Social Institutions and Behavior by taking one of the following second-level courses in Area 2:
- 17.275 Dissident Media: Voices from the Underground
- 29.220 Women in Modern America
- 53.215 Civil Rights and Liberties
- 57.215 Abnormal Psychology and Society
- 73.200 Deprivation of Liberty
- 73.215 Violence and Institutions
Each of these courses explores in more depth a topic introduced in Justice in America. By taking this course in Justice in America you will be familiar with issues addressed in these second-level courses, and will be able to build on the learning experiences of this foundation course through further study of the subjects you have found most interesting.
Course Objectives
- To become familiar with sociological, historical and psychiatric perspectives on deviant behavior and their relation to the criminal justice system in the United States today.
- To understand the relationship between responsibility and justice in public policy and law.
- To learn about problems in the relationship between psychiatry and the law including: the history of the insanity defense; involuntary commitment procedure; due process and the right to trial.
- To learn to evaluate public-policy interpretations of psychiatrically-based explanations for abnormal behavior and their relation to issues concerning criminal justice.
- To explore moral philosophical perspectives on the concept of justice.
Course Requirements and Grades Test 1 20% Mid-term examination 30% Test 2 15% Team presentation 5% Final examination 30% Total = 100%
Required Texts
Conrad, P. & Schneider, J.W. (1992). Deviance and medicalization: From badness to sickness. expanded edition. Philadelphia:
Temple University Press.
Szasz, T.S. (1988). Psychiatric justice. Syracuse, New York: Syracuse University Press.
Required Articles (These will be handed out to you in class or placed on reserve in the library.)
Breggin, P. (1993). Psychiatry's role in the holocaust. International Journal of Risk & Safety in Medicine, 4, 133-148.
Coleman, L. (1990). False accusations of sexual abuse: Psychiatry's latest reign of error. The Journal of Mind and Behavior, 11, Nos. 3 and 4, 545-556.
Hasse Fingarette, A. (1991). The criminal responsibility of conspirators for the acts of their co-conspirators. In Mary I. Bockover (Ed.) Rules, rituals and responsibility: Essays dedicated to Herbert Fingarette, pp. 3-10. LaSalle, Ill.: Open Court.
Fingarette, H. (1985). Losing touch: Criminal insanity. Center Magazine, Jan./Feb., 51-58.
Fingarette, H. (1975). Addiction and criminal responsibility. The Yale Law Journal, 84, 413-444.
Fingarette, H. (1970). The perils of Powell: In search of a factual foundation for the 'disease concept of alcoholism.' Harvard Law Review, 83, 793-812.
Frank, L. R. (1990). Electroshock: Death, brain damage, memory loss, and brainwashing. The Journal of Mind and Behavior, Volume 11, Nos. 3 and 4, pp. 489-512.
Szasz, T.S. (1995). The origin of psychiatry: The alienist as nanny for troublesome adults. History of psychiatry, vi, 001-019.
Szasz, T.S. (1988). Justice in the therapeutic state in The Theology of Medicine. Syracuse, N.Y.: Syracuse University Press.
Szasz, T.S. (1970). The new manufacturer¬Benjamin Rush in The Manufacture of Madness: A comparativer study of the Inquisition and the mental health movement. New York: Harper & Row
Szasz, T.S. (1995). Idleness and lawlessness in the therapeutic state. Society, 32, 30-35.
* Clear and accurate writing will be taken into account in assigning grades, as well as participation in class discussions. Material discussed in class, or in films, and not in any of the readings, may form the basis for questions on the examinations. One grade reduction for over four class absences. Students are responsible for anything covered in class during their absence. Readings must be completed by the session to which they are assigned. Additional readings may be assigned during the course.
Class Schedule Date Topic Reading September 4 Introduction: Deviance and justice in America D & M: v-16 Badness to sickness: the medical model D & M: 17-72 The new manufacturer¬ Benjamin Rush Szasz (1970) September 11 Alcoholism D & M: 73-109 Homosexuality D & M: 172-214 September 18 Medicine & crime D & M: 215-240 Medicine as institution of social control D & M: 241-260 September 25 Test #1 Addiction and responsibility Schaler Fingarette (1975) Powell & Traynor Fingarette (1970) lecture October 2 Idleness and lawlessness Szasz (1995) The origin of psychiatry Szasz (1995) Electroshock Frank (1990) October 9 Losing touch Fingarette (1985) October 16 Mid-term examination Film October 23 Conspirators Hasse Fingarette False accusations of sexual abuse Coleman Incompetence to stand trial Szasz (PJ): 9-36 October 30 Laws pertaining to mental competence Szasz: 37-55 The psychiatrist as adversary Szasz: 56-84 November 6 Test #3 Film November 13 The case of Mr. Louis Perroni - Team #1 Szasz: 85-143 The case of Mr. Abraham Hoffer - Team #2 Szasz: 144-177 November 20 The case of Mr. Edwin A. Walker - Team #3 Szasz: 178-225 The case of Mr. Frederick Lynch - Team #4 Szasz: 226-248 November 27 The "therapeutic state" today Handouts Psychiatry in the holocaust Breggin article December 4 Contemporary issues Justice in the Therapeutic State Szasz (1988) Film December 11 Review December 18 Final examination 5:30pm to 8:00pm
Academic Integrity Code
"Standards of academic conduct are set forth in the University's Academic Integrity Code. It is expected that all examinations, tests, written papers, and other assignments will be completed according to the standards set forth in this code. By registering, you have acknowledged your awareness of the Academic Integrity Code, and you are obliged to become familiar with your rights and responsibilities as defined by the Code. Violations of the Academic Integrity Code will not be treated lightly, and disciplinary action will be taken should such violations occur. Please see me if you have any questions about the academic violations described in the Code in general or as they relate to particular requirements for this course."
