Instructor: Peter Reuter;
Room:
Key 0119
ph: 405 6367; fax 403 4675
email: preuter@umd.edu
Time: Monday 4-6.45
Office: 2113 Van Munching Hall
[inside dean's suite]
Office Hours: Monday: 2-4
Time: Monday 4-6.45
Course Description and Goals
The primary product of policy analysis is advice to decision
makers. This course builds on, and supplements, your prior training to enable
you to provide advice to those who make decisions in the criminal justice
system (sentencing commission, mayor, legislator, police chief, court administrator,
district attorney etc.). It is an intensely practical, though rigorous, course.
It will involve use of the skills you have acquired in other classes, including
methodological ones, and give you some new ones. The emphasis will be on writing
and the research equivalent of Problem Oriented Policing, i.e. developing
innovative solutions to situational policy problems. The Bardach text provides
a good guide for how to do this.
In addition to its analytic and substantive goals, the course aims to develop
student skills likely to be professionally valuable: identifying and utilizing
information sources other than the web (e.g. setting up and conducting interviews,
locating agency documents); working in small groups; and making oral and visual
presentations of structured empirical analysis; writing analytic documents for
non-academic readers. A major qualification for doing policy analysis is the
ability to combine oral presentations with the use of slides. Half of one class
session will be spent on how to do briefings. Three classes will include presentations
by practitioners.
You will be asked to work in groups of 3 and each of you will make at least
two formal oral briefings. The primary written products will be policy memos,
10-15 page documents intended to provide analysis and recommendations on well-defined
issues for specific clients.
The first class will be different from the others. In the first half of this
session we will consider a specific proposal for an innovation in the criminal
justice system as a quick case study in the policy analysis process. Many classes
will combine both a substantive criminal justice or drug policy topic and a
policy analytic methodological topic. Policy analysis involves simple economic
concepts and those who write about the technique are often economists. This
course will focus on cost-benefit analysis (CBA) as the technique that can most
usefully inform policy analysis; the emphasis will be on technique rather than
(very tricky) concepts of CBA.
On specific policy topics the goal is to interpret the available data and research
in a policy analytic fashion. For example, having reviewed literature on the
effects of tougher penalties for DUI violations and intensified enforcement,
what kind of advice can one offer those who have to make policy decisions? The
emphasis is on how to use imperfect (indeed mostly quite weak) research and
data.
Finally, the classes will be highly interactive. You are expected to have read
the materials beforehand and to answer questions, which will be the center piece
of most class sessions. The purely methodological topics will be treated more
didactically.
Assignments
Policy analysis is learned by practice. Hence this is an assignment intensive course; in compensation the assigned reading load is relative light. Your principal task will be three memos, two done in groups and one done on your own. The group projects may involve conducting interviews as well as collecting data from the agencies.
Assignment 1
I will give each of the five groups a specific policy issue and specific jurisdiction
for research. The five topics are:
1. What should Montgomery County do to respond to concerns about the MS-13 (Mara
Salvatrucha) gang? [a starting point is a recent Washington Post article http://www.washingtonpost.com/wp-dyn/content/article/2006/01/23/AR2006012300789.html
2. What should the state of Maryland do about aging prison offenders? [start
with the Maryland sentencing commission’s report http://www.msccsp.org/publications/aging.html ] The assumed client is the cabinet Secretary responsible for corrections.
3. Should the state of Maryland adopt a policy of mandatory testing and graduated
sanctions for drug-involved offenders? [start with Mark Kleiman’s essay
at
http://www.sppsr.ucla.edu/ps/webfiles/faculty/kleiman/harvard.PDF ] [assumed
client: the head of the Maryland Senate Judiciary Committee]
4. How should the Governor Ehrlich respond to the recent discovery of methamphetamine
labs in Maryland?[start with http://www.hidta.org/programs/docs/040922_Meth_Report.pdf
and then look at more recent stories about the discovery of meth labs in
Ann Arundel County]
5. Should Prince George’s County prohibit all liquor stores in the county from operating between the hours of midnight-6 a.m.? [Police Chief Melvin high testified in favor of this on Jan 27, 2005] [assumed client: Prince George’s County Council]
Given that exercise comes at the beginning of the course, I expect the analysis
to draw on your general education, including criminology, but not to tackle,
for example, cost-benefit issues. You are encouraged to make phone calls and
set up interviews with key officials or experts. Use the Bardach 8 fold path
as the basis for structuring your report. The emphasis is on the early parts
of the 8 fold path: clarifying the question, collecting some basic data, identifying
options and choosing criteria. A report that is strong on these and weak on
the later tasks (e.g. projecting the alternatives and making recommendations)
might still get a good grade. Also consult the three documents on memo writing
that are on the course web site as resources. I expect that teams will have
questions for me which I’ll be happy to handle by email or by phone.
The assignment is due in week 5, when class will be devoted to presentations
and questioning. Each team will have 15 minutes for presentation and then 15
minutes for questions and comments. The memorandum should be handed in by 9
am, Feb. 27, to give me time to read. Slides will be handed in electronically
after the class.
Assignment 2
The next step is to do work for an agency. Agencies that have agreed to participate
include:
Office of the Montgomery County Executive
District of Columbia Court Services and Offender Supervision Agency
Montgomery County Corrections Department
Maryland Sentencing Commission
District of Columbia Pretrial Services Agency
District of Columbia Sentencing Commission
Washington/Baltimore High Intensity Drug Trafficking Agency
With each agency I have already had a general discussion about the potential
topic. Your initial task on contacting them is to refine that topic into one
that is doable in the time available.
You are welcome to use another agency if you have a good contact and/or it is
more convenient. An Appendix to this syllabus is a sample letter agreement that
I am sending the agencies that have agreed to co-operate; show this to the official
with whom you are hoping to work.
Assignment 2 is due April 17, with a one page progress report due by the end
of spring break March 26. Again, final memos are to be provided by 9 am of the
due date and presentations at the class.
Assignment 3
This will be individualized. I will write up 8 policy problems (assuming there
are 15-16 students), put them in a hat and at the end of the May 2 class each
student will pick one at random; each topic will have two students who will
work independently. Written memos are due on May 14; presentations will be on
May 15; 10 minutes for presentation and 5 minutes for questions.
In addition to these, there will be occasional short exercises such as identifying
and discussing (orally) a best practice site or making a short presentation
about a reading in class.
All assignments, memos and slides should be sent to me as email attachments.
I will write comments in the files in the Revise mode; this facilitates both
my writing and your reading as compared to marking hardcopy. Please put your
name at the head of the first page, along with your email address. For the group
memos, include all names and email addresses
Grading
Class participation and exercises 20%
Oral presentations 20%
Joint Memos (2) 35%
Final Memo 25%
Text Books
Bardach, E. (2005) A Practical Guide for Policy
Analysis: The Eightfold Path to More Effective Problem Solving CQ Press (good
guide to the practice of policy analysis)
Ross, H. L. (1992) Confronting Drunk Driving: Social Policy for Saving Lives
New Haven, Ct., Yale University Press,. [exceptionally well integrated analysis;
only needed in second half of class]
The remainder of the materials will be available on a course web-site. The url
is
http://www.puaf.umd.edu/faculty/papers/reuter/draftSyllabus.htm
Username is CCJS720 (case sensitive); password is pol720.
Resources for memo writing
Foreman “Writing a Policy Memo”
Musso, Biller and Myrtle “Memo Writing, USC”
Goldman School “Memo Writing”
Also read the memos at the end of the on-line syllabus under the heading Oakland
Halfway Houses; they present a good example of the kind of analysis and writing
that this course aspires to teach.
1. January 30
(a) Introduction to the “Eight Fold Way”
of policy analysis
(b) Illustration of policy analysis
Introduction to policy analysis. Illustrative exercise. Specifying questions
for policy analysis, identifying policy/program instruments, trade-offs,
goals, participants’ constraints and consequences. Schematizing the
criminal justice system.
2nd half will be guest lecture by Cavlin Johson, PhD, Research Director
at the District of Columbia Court Services and Offender Supervision Agency,
illustrating policy analysis in action: “Getting Your Priorities Right!
Prioritization Treatment for High Risk Offenders”
Readings
Bardach Introduction (pp.xiii-xviii) Part I (pp. 1-60) [just scan Part I;
you will come back to it later to read in more detail]
Washington Post story on gun buyback
Assignment
Form teams of three.
2. February 6
(a) Finding Data for policy Analysis
(b) Best Practice
(a) Methods for searching, by web, phone and library, for information needed
to do policy analysis
(b) “Best practice” has become a catchphrase for policy analysts.
But how does one find best practice and how should it be used?
Readings
Weimer and Vining. Policy Analysis: Concepts and Analysis (3rd edition)
Chapter 10 “Landing on Your Feet: How to Confront Policy Problems”
pp. 253-310
Bardach Part III (pp.61-102)
Bardach “The Extrapolation
Problem: How Can we Learn from the Experience of Others” J. Policy Analysis
and Management 2004 23 (4) 205-220
Assignments
Find a “Best Practices” web site for an assigned criminal justice
topic. Come prepared to describe and critique the site.
(a) Basic Economic Concepts
(b) Criminal Justice System Interactions
(a) Introduction to basic concepts of economics; opportunity costs, value,
demand and supply.
(b) How decisions by various components of the criminal justice system affect
other components
Readings
Posner, Richard Economic Analysis of the Law 3rd edition pp.1-17
Press, A. "Piecing Together
New York's Criminal Justice System: The Response to Crack" The Record
of the New York Bar Association 1988 pp.541-569 [great story of organizational
interactions]
Assignments
Prepare a flow chart showing the consequences for other agencies of the
NYPD crack-down on cocaine.
Brief email reporting progress on 1st assignment
(a) Briefings
(b) Guest lecture; managing the Montgomery County jail population
(a) After going over the RAND guidelines, the class will hear
a presentation by Carole Gibbs (a PhD student) and then provide a constructive
critique as a group.
(b) Stefan LoBuglio Chief of the Pre-Release Services Division of Montgomery
County will give a talk about policy problems in managing the population
that flows through his facility.
Readings
Guide to Preparing Briefings www.rand.org/publications/CP/CP269/CP269.pdf
Material to be provided by Mr. Lobuglio
Assignment
Contact agency for Assignment 2 and set an appointment for a day before
March 3.
Assignment
Email memo by 9 am. Email briefing slides after class.
(a) Discounting
(b) Principles of Benefit Cost Analysis
A fundamental complication for evaluation is that program costs and benefits
are distributed over time and have to be put into a common metric. The second
half of the class goes over the basic concepts and techniques of cost-benefit
analysis
Readings
Stokey and Zeckhauser
A Primer for Policy Analysis Chapter 10 159-177
Cohen, Mark “Measuring the Costs and Benefits of Crime and Justice” in Measurement and Analysis of Crime and Justice: Vol 4 of Criminal Justice
2000 National Institute of Justice pp. 263-316
Cost Benefit Analysis in the Criminal Justice System
Criminal justice presents distinctive problems for cost benefit analysis,
both because of limited data and specific conceptual issues. In this
class we will review a series of studies of the costs of crime and then
how these have been applied to particular interventions, such as sentencing
alternatives, lighting of high risk locations and prison construction.
Readings
Washington
State Institute for Public Policy Washington’s Drug Offender Sentencing
Alternative: An Evaluation of Benefits and Costs [10 pages]
Brand, S. and R. Price Social
and Economic Costs of Crime U.K. Home Office 2000 (resource)
Painter, K. and D. Farrington “The Financial Benefits of Improved
Lighting Based on Crime Reduction” Lighting Research and Technology
Vol. 33 3-10
Home Office The economic costs of crime against individuals and households,
2003/04 http://www.homeoffice.gov.uk/rds/pdfs05/rdsolr3005.pdf
Lawrence, S. and D. Mears Benefit/Cost Analysis of Super-Max Prisons:
Critical Steps and Considerations Urban Institute [40 pages ]
Assignment
Discounting problems
Email 1 page progress report on Assignment 2
March 20 Spring Break
Early Childhood Programs vs. Prison
Applications of cost benefit analysis to broad policy choices about whether crime control would benefit from shifting resources from incarceration to social programs.
Readings
Greenwood et al. (1996) Diverting Children from a Life of Crime RAND (www.rand.org/publications/MR/MR699)
[40 pages] Also associated Research Brief]
Welsh, B. and D. Farrington
“Monetary Costa and Benefits of Crime Prevention Programs” in
Crime and Justice: Annual Review of Research Vol. 27, 2000 305-361
9. April 3
Models of the prosecutor's role; their feasibility and consequences.
What should be the goals and performance measures for prosecutors?
Analyzing the consequences of attempting to control drunk driving through
law enforcement.
Readings
Ross, H. L. Confronting Drunk Driving: Social Policy for Saving Lives New
Haven, Ct., Yale University Press, 1992. Chapters 1-3
Coles, Catherine “Community Prosecution, Problem Solving, and Public
Accountability: The Evolving Strategy of the American Prosecutor” Kennedy School of Government
Tonry, M. "Public Prosecution and Hydro-Engineering" Minnesota
Law Review Vol. 75, No.3 February 1991; pp. 971-992.
Assignment
Theories of the state and its obligation to its citizens. Applying these theories to a variety of criminal justice issues: prison privatization, Megan's law etc.
Readings
Moore, M. and A. Braga “Police Performance Measure: A Normative Framework” Criminal Justice Ethics 2004 pp.3-20
Buchanan, Allen and Deborah Mathieu "John Rawls' Theory of Justice as Fairness"
in Cohen (ed.) Justice pp.25-34
"Megan's Law: Community Notification
of the Release of Sex Offenders" a collection of articles in Criminal Justice
Ethics Vol 14 (2) Summer 1995; pp.3-11 and 56-66
Logan, Charles "The Propriety of Proprietary Prisons" Federal Probation
.September 1987; pp.35-40
Lippke “Thinking about Private Prisons” Criminal Justice Ethics
1997 (16 pages)
11. April 17
Presentations on Assignment 2.
Email memos by 9 am. Email slides after presentations
How agencies shape the behavior of individuals in them.
Can violent crime be reduced through gun control?
Readings
Wilson, James Q. Bureaucracy Chapter3 (“Circumstances”) and 7 (“Constraints”)
Cook and Ludwig “Principles
for Effective Gun Policy” Fordham Law Review LXXIII(2) 589-613
Wellford, Pepper and Petrie (eds.) Firearms
and Violence: A Critical Review Chapter 4: Interventions Aimed at Illegal Firearm
Acquisition
Controlling Drunk Driving through Methods other than Law Enforcement
Drunk driving as an illustration of the interaction of social policy and
criminal justice, both substantively and politically
Readings
Ross, H. L. Confronting Drunk Driving: Social Policy for Saving Lives New
Haven, Ct., Yale University Press, 1992. Chapters 4-5, 7
Integration: How Much Drug Enforcement?
The final class will integrate all the components by examining a question
that has occupied me for some years. Are too many people being incarcerated
for violation of drug offenses? Can one perform a cost-benefit analysis
for drug enforcement at any level?
Readings
Boyum and
Reuter An Analytic Assessment of American Drug Policy Chapters 3 and 4
(selected pages)
Tonry, M. Malign Neglect pp.81-123
United States Sentencing Commission Report to Congress: Cocaine and Federal
Sentencing Policy Chapter 8 [skim]
Schlosser, E. “Reefer Madness” and “Marijuana and the
Law” Atlantic August and September 1994
Email memos due 9 am; email briefing slides after session
Sample Memos: Oakland Halfway Houses
Halfway Houses in Oakland 2002