CALIFORNIA STATE UNIVERSITY, SACRAMENTO
                         DIVISION OF SOCIAL WORK

SWRK 134                                                                   Lynn B. Cooper
Crimes without Victims                                                  Mariposa Hall 5021
Fall 2009                                                                       278-7162
                                                                                      cooperlb@csus.edu
                                                            www.hhs.csus.edu/SW/Faculty/CooperLB/

OVERVIEW OF COURSE
This course is designed to explore the relationship between the state, law, and morality. Traditionally, "crimes without victims" refer to consensual, non-harmful behavior between or by adults that is subject to legal penalties or controls. At different times, this behavior is criminalized, at other times it is lawful. In our society, the nature and consequences of "victimless crimes" have always been controversial topics. Is the behavior harmful? Whom does it harm? Is it immoral? Is there a distinction between public order and private morality? Should the state intervene in private morality? How and under what circumstances? Should our society do anything about drug use, prostitution, pornography, abortion, and homosexuality? This course will explore these questions and in particular try to understand why certain behaviors are criminalized, who is targeted by the state, and what ideologies and values guide our policies with respect to "crimes without victims."

The course will be taught through lectures, films, videos, and discussions.
Learning Objectives

• Understanding how and why certain types of behavior are defined as criminal. This will be measured with quizzes, writing assignment and exams.
• Understanding how theoretical explanations of these behaviors have
  changed over time. This will be measured with quizzes, and exams.
• Understanding the criteria, definitions and data utilized in developing theories regarding this behavior. This will be measured with quizzes and exams.
• Examining the theoretical explanations of specific criminalized behaviors. At the end of the semester, students are expected to be able to critically examine and discuss these behaviors from all perspectives. This will be measured with quizzes, writing assignments and final exam.

Course Requirements

• Active participation in class discussion not only enhances your learning experience, it will help your grade.
• Complete two take-home midterm exams and one in class exam covering materials from class lectures, discussions, videos, and readings. Each is worth 100 points. The first is scheduled to be posted on LOCUS on Week 6, October 9, 2009. It will be due Week 8, October 23, 2009. The second take-home midterm exam is scheduled to be posted on LOCUS on Week 10, November 6, 2009. It will be due Week 12, November 20, 2009. In Week 15, December 11, 2009 there will be an in-class exam. Study questions will be posted on LOCUS Week 12, November 20, 2009.
• There will be ‘no fault’ writing assignments made throughout the semester. They are designed to help you understand the subject under discussion. These brief (150 words) papers will be written in class and will each receive 1 point if they reflect careful thought on the assigned question. Each will count as extra credit. If you are absent for these writing assignments (including arriving late to class), you CANNOT make them up.
• There will be regular quizzes on the assigned readings. The question may be given at the end of the previous class.  Each quiz is worth 1 point. Each correct quiz will count as extra credit. Quizzes CANNOT be made up.
• A writing assignment will be placed on LOCUS Week 3, September 18, 2009. The first draft of this paper is due Week 10, November 6, 2009. There will be an in-class writing workshop on that day. The final paper is due at the beginning of class Week 14, December 4, 2009. This paper will be discussed in detail in class. It is worth 100 points. If you are not at the beginning of the class and do not have two copies of your draft, you will automatically lose 50 points for this assignment. The draft MUST include the Table of Contents and at least 5 quotes and commentaries.
• Extra credit assignments may be made throughout the semester. Each
• assignment is worth 1 point. You must explain the relevance of the assignment to the class in order to get extra credit. All extra credit must be typed and can be turned in anytime up to December 4th. No extra credit assignments will be accepted after December 4, 2009.
• Any late paper will automatically LOSE 25 points for each day it is late.  
• Students with learning disabilities who require assistance need to contact the Office of Services to Students with Disabilities for coordination of academic accommodations. It is located in Lassen Hall, Room 1008, 916-278-6955 or 916-278-7239(TDD). Please let me know of any special needs you may have as soon as possible.
• Plagiarism is the use of ideas or work belonging to another without providing acknowledgment of that person’s contribution. Regardless of the means of appropriation, incorporating another’s work into your own requires adequate identification and acknowledgement. If it is determined that you have plagiarized, it can result in suspension or expulsion from the University. A grade of F for the class will be assigned for plagiarism.

GRADING POLICY
Grading is based on the assumption that the paper deserves a C grade (approximately 70 points). My comments will explain why your paper receives either higher or lower points.

An A paper in this category (approximately 90 points) will clearly communicate your understanding of the topic under discussion; it will be well organized and will fully develop the ideas discussed. It will be written in a clear and concise fashion with little ambiguity. It will also make clear references to the sources and show that the writer has thought carefully about the topic. There will be no grammatical, spelling or syntax errors.

A  B paper (approximately 80 points) will contain some but not all of the strengths of the A paper. It is also a well-written paper, but the examples will be less specific, clear, or appropriate than those in the A essay. There will be very few grammatical, spelling or syntax errors.
A  C paper (approximately 70 points) like the A and B essays will be organized around the assigned topic and will directly discuss the topic. It will be organized but in a less clear and concise manner. Transitions will be weak and there will be repetitiveness and a poorer use of examples. The essay will communicate the basic information, but not in as clear, effective or persuasive fashion. There may be several grammatical, spelling or syntax errors.   

A  D paper (approximately 60 points) is too general; it lacks a direct and specific focus on the topic. It is poorly organized and does not provide documentation and support for the topic. It is a poorly constructed essay that makes it very difficult to follow the information and argument that is being presented. It may have numerous grammatical, spelling or syntax errors.
An F paper (approximately 50 points) fails to even minimally discuss the assigned topic. It may have numerous grammatical, spelling or syntax errors.

Total number of points in class is 400. Class participation, quizzes and ‘no fault’ writing assignments count as extra credit points.
400-360= A, A-; 359-320= B+, B, B-; 319-280= C+, C, C-;
 279-240= D+, D, D-; 239 and below= F
Required Readings

• Cooper, L. B.. (Eds.) (2009). Readings for SWRK 134 Crimes without Victims. (Available from Instructor and on reserve at Library)
• Assigned readings on LOCUS

COURSE OUTLINE

Weekly Schedule

Week I                      September 4
Introduction, Objectives and Goals of Class, Definitions of Terms,, Origins of the Law
Handout: Carter, B. (2004, November 22). Many who voted for ‘values’ still like their television sin. Accessed at www.nytimes.com

Week 2                      September 11
Law and Morality: The Creation of Social Problems: Drugs

Required Readings: (IN LIBRARY RESERVE ROOM)
Galliher, J., Cross, J. (1983). Structural foundations and triggering events [chapter 2] and Divorce, gambling, and prostitution laws  [chapter 3]. In Morals legislation without morality: The case of Nevada. NJ: Rutgers University Press.

Weeks 3, 4                September 18, 25
Drugs
Writing Assignment posted on LOCUS September 18

Required Readings on LOCUS:
Reinarman, C. (1988). The social construction of an alcohol problem. Theory and Society,17, 91-120.  Due  9/18. See Study Guide on LOCUS
Reinarman, C., Levine, H.G. (2004) Crack in the rearview mirror: Deconstructing drug war mythology.  Social Justice, 31(1-2), 182-199. Due 9/25
Brocato, J., Wagner, E. (2003). Harm reduction: A social work practice model and social justice agenda. Health & Social Work, 28(2), 117-126. Due   9/25
Bourgois, P. (2008) The mystery of marijuana: Science and the U.S. war on drugs. Substance Use & Misuse, 43, 581-583. Due 9/25

Video: Drug Wars (parts 1 and 2) (#5135)
Relevant Web Sites: See course web page
MADD
Does Needle Exchange Work?
Drug Policy Project
Alcohol and Drug Information
White House Drug Policy
National Institute on Drug Abuse
Drug Policy Alliance
Marijuana Policy Project 
Law Enforcement Against Prohibition

First take home exam posted on LOCUS Week 6, October 9, 2009
Due Week 8, October 23, 2009

Weeks 5, 6                October 2, 9
Gambling
Required Readings on LOCUS:
Cosgrave, J., Klassen, T.R. (2001). Gambling against the state: The state and The legitimation of gambling. Current Sociology, 49(5), 1-15. Due 10/2
See Study Guide on LOCUS
Simmons Wear C. (May 2006). Gambling in the Golden State 1998 forward. Sacramento, CA: California Research Bureau. (NOTE SPECIFIC PAGES
TO READ) Executive Summary, 1-22; Social Impacts of Gambling, 127-144; Economic Impacts of Gambling, 145-149. Due 10/9.

Video:  High Rollers   00462 (100 minutes) 

Relevant Web Sites: See course web page
National Gambling Impact Study Commission
National Center for Responsible Gambling
National Indian Gaming Association
California Nations Indian Gaming Association
Tribal Court Clearinghouse

Week 7                      October  16 Furlough Day for the University

Weeks 8, 9                October 23, 30
Prostitution and Pornography
Guest Speaker: C.A.S.H. (Community Against Sexual Harm).  

Prostitution and Pornography
Guest Speaker: C.A.S.H. (Community Against Sexual Harm).  
Required Reading on LOCUS:
Weitzer, R. (2007). The social construction of sex trafficking: Ideology and institutionalization of a moral crusade. Politics & Society, 35(3), 445-475.
           Due 10/16
 Wahab, S. (2002). “For their own good?”: Sex, social control and social workers, a historical perspective. Journal of Sociology and Social Welfare, XXIX (4), 39-57. Due 10/16
Required Reading in Reader:
Rich Jewell, G., Guidroz, K. (2000). Smart girls who like sex: Telephone sex workers. In R. Weitzer. (Ed.) Sex for sale: Prostitution, pornography, and the sex industry. (pp. 35-48).NY: Routledge. Due 10/23
Monto, M.A. (2000). Why men seek out prostitutes. In R. Weitzer. (Ed.) Sex for sale: Prostitution, pornography, and the sex industry. (pp. 67-83).NY: Routledge. Due 10/23
Chapkis, W. (2000). Power and control in the commercial sex trade. In R. Weitzer. (Ed.) Sex for sale: Prostitution, pornography, and the sex industry. (pp. 181-201).NY: Routledge. Due 10/23

Video: Live Nude Girls Unite or American Porn  

Relevant Web Sites: See course web page
Loving v. Virginia (1967)
Stanley v. Georgia (1969)
Miller v. California (1973)
Federal Communication Commission et al. v. Pacifica Foundation (1978)
Hustler v. Falwell (1988)
Barnes v. Glen Theatre (1991)
Jacobson v. United States (1992)
Reno v. ACLU [Communication Decency Act] (1997)
Ashcroft v. Free Speech Coalition (2002)
Federal Communication Commission et al. v. Fox Television Stations, Inc., et al. (2009)
Banned Books on-line
Prostitution Research and Education
Nevada Coalition Against Sex Trafficking

The first draft of the writing assignment (On LOCUS September 18, 2009) is due November 6, 2009. There will be an in-class writing workshop for the first hour of the class.  Bring in two copies of your draft. If you do not have a draft ready at the beginning of the class, you lose 50 points for this assignment. The draft must include the Introduction and at least 5 quotes and commentaries.

Midterm #2 posted on LOCUS Week 10, November 6, 2009 Due Week 12, November 20, 2009

Weeks  10, 11          November 6, 13      Abortion

Required Reading in Reader:
Miller, P. G. (1994). The worst of times: Illegal abortion-survivors, practitioners, coroners, cops and children of women who died talk about its horrors. NY: Harper-Collins. Introduction, (pp. 1-11); Eleanor (14-24); The day trip (25-27); Dr. Edith (28-38); Marilyn (39-47); Jane (48-57); Sandra (61-64); Miriam (65-70); Dr. Ted (71-75); Francine (76-79); Clifford (92-94): Fay (95-104); Detective Stan (105-108); Dr. Clay (109-110); Appendix A: A brief history of U.S. abortion laws (309-320); Appendix B: Underground abortion (321-328). Due 11/06

Required Reading on LOCUS:
Finer, L. B.,  Frohwirth, L. F., Dauphinee, L.A., Singh, S., Moore, A.M. (2005). Reasons U.S. women have abortions: Perspectives on sexual and reproductive health. Perspectives on Sexual and Reproductive Health, 2005, 37(3),110–118. Due 11/13

Videos: The Last Abortion Clinic (000439) (60 minutes)

Relevant Web Sites: See course web page.
Supreme Court Decisions:
Roe v. Wade (1973)
Harris v. McRae (1980)
Webster v. Reproductive Health Services (1989)
Rust v. Sullivan (1991)
Casey v. Planned Parenthood (1992)
Stenberg v. Carhart (2000)
Gonzales v. Carhart (2005)
Ayotte, Attorney General of New Hampshire v. Planned Parenthood of Northern New England et al. (2006)
Timeline of Important Reproductive Rights

Week 12, November 20, 2009 Midterm #2 Due.
Study Questions for Final Exam posted on LOCUS Week 12, November 20, 2009
Due at beginning of class Week 15, December 11, 2009

Weeks  12, (13), 14             November 20, 27 (Thanksgiving break, no class), December 4
Homosexuality

Required Readings:
Lawrence v. Texas (2003). Read the decision, the concurrence and the two dissents. Due 11/20
Required Reading on LOCUS:
University of California Commission Blue Ribbon Report. (2006). Financial Analysis of “Don’t Ask, Don’t Tell”: How Much Does the Gay Ban Cost? Santa Barbara, CA: UCSB. Due 11/20
Herek, G. (2006). Legal recognition of same-sex relationships in the United States. A social science perspective. American Psychologist. 61(6), 607-621. Due 12/4

Videos: Overruled! (file:///C:/Documents%20and%20Settings/cooperlb/Desktop/SWRK134/www.lambdalegal.org/overruled)

Relevant Web Sites: See course web page
Bower v. Hardwick (1986)
Proposition 8 Cases California Supreme Court
National Gay Lesbian Task Force
Freedom to Marry

Week 15        December 11     Summary & In Class Exam

CALIFORNIA STATE UNIVERSITY, SACRAMENTO
                         DIVISION OF SOCIAL WORK

SWRK 134                                                                 Lynn B. Cooper
Crimes without Victims                                                        Mariposa Hall 5021
Fall 2009                                                                            278-7162
                                                                                           cooperlb@csus.edu

DEFINITION OF IDEOLOGY

Ideology is best understood as the descriptive vocabulary of day-to-day existence, through which people make rough sense of the social reality that they live and create from day-to-day. It is the language of consciousness that suits the particular way in which people deal with their fellows. It is the interpretation in thought of the social relations through which they constantly create and recreate
their collective being, in all the varied forms their collective being may assume: family, clan, tribe, nation, class, party, business enterprise, church, army, club, and so on. As such, ideologies are delusions but real, as real as the social relations for which they stand.

Ideologies are real, but it does not follow that they are scientifically accurate, or that they provide an analysis of social relations that would make sense to anyone who does not take ritual part in those social relations...Ideologies do not need to be plausible, let alone persuasive, to outsiders. They do their job when they help insiders make sense of the things they do and see-ritually, repetitively-on a daily basis.

Fields, B. J. (1990).  Slavery, race and ideology in the United States of America. New Left Review, 18, p. 110.

CALIFORNIA STATE UNIVERSITY, SACRAMENTO
                         DIVISION OF SOCIAL WORK

SWRK 134                                                                 Lynn B. Cooper
Crimes without Victims                                                        Mariposa Hall 5021
Fall 2009                                                                             278-7162
                                                                                            cooperlb@csus.edu

NOTES FOR CLASS

How does behavior become defined as criminal?

"Criminalization is the process by which behaviors and individuals are transformed into crime and criminals" (p.6) This process is made up of 3 components:

1) Creation of a social order:
A. socioeconomic process-"fundamental ordering of social relations so that those things necessary for social survival can be produced and distributed in some predictable fashion" (p.6).

B. ideological process-"development of values, beliefs, and ideas related to the concrete tasks of production and distribution"(p. 6).

2. Creation of a legal order:
A. "process by which power becomes centralized within institutions of the   political state" (p.6).
B. "the character and content of these institutions"
C. "the process by which specific political entities such as legislatures and judges come to define certain behaviors as crimes, that is, targets for state control" (p.6).

3. Actual outputs of the legal order: people defined as criminal and processed through that system.

Michalowski, R. J. (1985). Order, law and crime: An introduction to criminology. NY: Random House.