CRIMINAL JUSTICE FIELDWORK & LAW REFORM
Clark D. Cunningham

Syllabus (Fall 2005 -- Fall 2006 Syllabus not yet available)

All Assigned Readings are published on this course web site and linked directly to this Syllabus
except for
1) Malcolm M. Feeley, THE PROCESS IS THE PUNISHMENT (Russell Sage Foundation 1992 paperback edition) ISBN 0-87154-255-2 ("Feeley") and
2) Steve Bogira, COURTROOM 302 (Alfred A. Knopf 2005) ISBN 0-679-43252-3 ("Bogira")
Feeley and Bogira are purchased in the GSU Book Store. Some longer readings posted on the web site will also be distributed in class to save students the cost of printing.

A. INTRODUCTION (Classes One and Two)

CLASS 1 (8/23):
The first class will introduce the themes and methodology of the course. Begin by reading the "Case of the Missing College Student" as reported in Readings 1-4. Be prepared to discuss in class the following questions: (1) Was the case arising out of the student's arrest for disorderly conduct properly handled? (2) If the answer is no, what was wrong with the case? 3) How should the case have been handled differently? 4) Who was responsible for the problems with the case?

1. College student missing a week; 'It looked like she just vanished' The Atlanta Journal-Constitution July 5, 2005
2. Missing college student found in jail; Held by city as 'Jane Doe' since June 26 The Atlanta Journal-Constitution July 6, 2005
3. Mother irate at police actions; Officers bungled case, she says The Atlanta Journal-Constitution July 7, 2005
4. Charges dropped; student to be transferred to hospital The Atlanta Journal-Constitution July 9, 2005
5. Feeley, , Chapter 1, pp. 3-14
6. "Illegal Imprisonment of Persons Arrested for Alleged Traffic Violations," Letter to Chief Judge, City Court of Atlanta (Oct. 7, 2003) (pdf file)
7. Alabama v Shelton, 535 U.S. 652-73 (2002) (pdf file)
8. Waiver Forms, City Court of Atlanta (2004) (pdf file)
   
   
   CLASS 2 (8/25): First fieldtrip: Atlanta Municipal Court.
   
9. Douglas Maynard, "The Courtroom Context of Plea Bargaining," from Inside Plea Bargaining (1984).
10. Report of the Chief Justice's Commission on Indigent Defense -- Part II: Impact of Alabama v. Shelton in Georgia (2004) (pdf file)
    
    
    CLASS 3 (8/30) In this class we will discuss our observations of the Atlanta Municipal Court on August 25.
    
11. County of Riverside v. McLaughlin, 500 U.S. 44, 111 S.Ct. 1661 (1991) (pdf file)
12. Feeley, Foreword (xv-xix), Preface (xxi-xxvi), Introduction (xxvii-xxxiv), Chapter 1 pp 14-34.
13. Fulton County Daily Report 10/10/03 (pdf file)
    
    CLASS 4 (9/1) Fieldtrip to Fulton County State Court until 10:45am.
    
14. Bogira, Prologue & Chapter 1, pp. 3-48
15. Feeley, Chapter 7 pp. 199-243
    
    CLASS 5 (9/6) Regular class. We will continue our discussion from Class 3, adding comparisons between our observations at the Municipal Court and at the Fulton County State Court. One topic will be whether the courtroom proceedings we observed complied with the constitutional requirements set forth in Alabama v Shelton and County of Riverside v. McLaughlin. The Report of the Chief Justice's Commission on Indigent Defense -- Part II: Impact of Alabama v. Shelton in Georgia (Reading #10) will be a useful guide for you in preparing for this discussion. Another topic will be to compare our methodology and analysis with Feeley's study of the New Haven Court of Common Pleas. We will discuss proposed research projects and as time permits, we will review step-by-step the process that led to the writing of the October 27, 2003 letter to the Chief Judge of the Atlanta City Court (Reading #6).
16. Bogira, Chapter 2 pp. 49-57
17. Feeley, Chapter 6 pp. 154-198
    
    9/8 NO CLASS
    
    9/13 NO CLASS
    
    CLASS 6 (9/15) Regular class
18. Bogira, Larry Bates' story: 107-12, 114-23, 193-96, 207-9, 343-5
19. Feeley, Chapters 3-4 pp. 62-122
    
    CLASS 7(9/20) Fieldtrip to DeKalb Police Department and Court Complex (8am - 11am) Readings handed out in Class 6
    -- Web site for DeKalb Police Department
    -- Web site for DeKalb County Courts
    -- Online judicial system for DeKalb County
20. Selected Georgia Statutes on Pre-Indictment Procedures
21. John J. Goger, Daniel's Georgia Criminal Trial Practice (5th ed. 2002)
    -- Ch. 8 (Bonds)
    -- Ch. 11 (Pre-Indictment Proceedings)
22. Hon. Wayne M. Purdom (Judge, DeKalb State Court), Georgia Magistrate Court Handbook (4th ed. 2002)
    -- Ch 9 (Arrest Warrants)
    -- Ch 10 (Initial Appearance and Probable Cause Review)
    -- Ch 11 (Preliminary [Committal] Hearings)
    -- Ch 12 (Criminal Bail and Pretrial Release)
    
    CLASS 8 (9/22) Regular class. Complete discussion of Atlanta Municipal Court and Fulton County State Court observations. Discuss DeKalb fieldtrip. Readings handed out in Class 6
23. Atlanta Traffic Court Study-2003
24. Atlanta Traffic Court Observations-2004
    
    CLASS 9 (9/27) Individual office conferences to discuss fieldwork project proposals.
    
    CLASS 10 (9/29) Regular class. Discuss preliminary fieldwork methods.
25. Georgia Open Records Act (23 page pdf file). Carefully read listed subsections; skim entire Act.
    -- Sec. 50-18-70 (a), (b), (d), (f), (g)
    -- Sec. 50-18-71 (a) - (f)
    -- Sec. 50-18-71.2
    -- Sec. 50-18-72 (a)(1)-(4) (11.1) (11.3(A)) (11.3(B)(i)) (13) (16)
    -- Sec. 50-18-72 (e) - (h)
    -- Sec. 50-18-73
    -- Sec. 50-18-74
    
    CLASS 11 (10/4) No class meeting. Preliminary fieldwork.
26. Law Enforcement Officer's Guide to Open Records in Georgia (20 page pdf file)
    
    CLASS 12 (10/6) No class meeting. Preliminary fieldwork.
    
    CLASS 13 (10/11) Regular class. Reports on preliminary fieldwork. Turn in copies of Activity Sheet time records.
27. Brenda Sims Blackwell & Clark D. Cunningham, Taking the Punishment Out of the Process, 67 Law & Contemporary Problems (Duke Law School) 59, 59-68 (2005) [copy handed out in Class 10]
    
    CLASS 14 (10/13) Regular class. Continued discussion of preliminary fieldwork.
28. Blackwell & Cunningham, Taking the Punishment Out of the Process, 67 Law & Contemporary Problems 68-86 (end)
    
    CLASS 15 (10/18) Field trip to DeKalb County Jail.
    9:45am - 11:45am
    
    CLASS 16 (10/20) No class meeting. Fieldwork/individual conferences.
    
    CLASS 17 (10/25) No class meeting. Fieldwork/individual conferences.
    
    CLASS 18 (10/27) No class meeting. Fieldwork. Email to Chris Bracci and Hemanth Digumarthi one paragraph biography of yourself and short description of your class project that they will forward to Mr. Bogira before he comes to Atlanta.
    
    
    CLASS 19 (11/1) No class meeting. Submit activity reports showing time spent to date by 5pm (submit by email).
    Feeley: Chapters 2 (35-61), 5 (123-53), 7-9 (199-297)
    
    CLASS 20 (11/3) Class from 9 - 11:00 at the Georgia Justice Project. Guests will be Steve Bogira (author of Courtroom 302) and Doug Ammar, Executive Director of the Georgia Justice Project. For directions to GJP, click here.
    Bogira 58-347, 355-83 (rest of book, including Sources and Notes). You have already read some of these pages for Class 6 (Larry Bates's story), so you can skim those pages.
    
    11/7 Report on fieldwork results to date along with complete activity report showing time spent due by 5pm (submit by email). Late submission without good cause will result in reduction of fieldwork portion of grade by equivalent of one letter grade for each 24 hour period.
    
    CLASS 21 (11/8) Regular class.
    
    CLASS 22 (11/10) Regular class.
29. Georgia Judicial Qualifications Commission: Frequently Asked Questions
30. Georgia Judicial Qualifications Commission: Complaint Form (pdf file)
    
    CLASS 23 (11/15) Double class. We will meet from 8:30 - 10:30 at the Javaology Coffeehouse, 466 Edgewood at Boulevard. Click here for map.
    
    CLASS 24 (11/17) No class meeting. Fieldwork/individual conferences.
    
    CLASS 25 (11/22)
    8:30 - 9:30: Meet at the Clerk's Conference Room, Atlanta Municipal Court
    9:30 - 11:00 Meet at the Javaology Coffeehouse, 466 Edgewood at Boulevard. Click here for map.
31. City of Atlanta - Law Department Home Page
32. City Attorney Linda DiSantis
33. Municipal Court Chief Judge Deborah Greene
    11/22 Fieldwork report and reform proposal should have been delivered to relevant persons and agencies and feedback received from them by this date.
    
    11/24 No class (Thanksgiving holiday)
    
    CLASS 26 (11/29) No class meeting. Schedule individual conferences from 8:30 - 10:30.
    
    CLASS 27 (12/1) No class meeting. Schedule individual conferences from 8:30 - 10:30.
    
    12/2 Submission of final report for course grade by 5pm (email submission).
    
    Rules for late submission of final report without good cause or PRIOR permission of instructor:
    -- Reports received after 5pm on Dec 2 but before 5 pm on Dec 5 will have grade reduced by one letter grade equivalent (e.g. from B to C).
    -- Reports received after 5pm on Dec 2 but before 5 pm on Dec 6 will have grade reduced by two letter grades equivalent (e.g. from B to D).
    -- Reports received after 5pm on Dec 2 but before 5 pm on Dec 7 will have grade reduced by three letter grades equivalent (e.g. from B to F).
    -- Reports received after 5pm on Dec 2 but before 5 pm on Dec 8 will have grade reduced by four letter grades equivalent (e.g. from A to F).
    -- Failure to submit a report by 5pm on Dec 9 will result in failing grade for course.
    
    
    
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