Forensic Social Work:
An Introduction
S.W. 530 – Section 02
Thursdays 12:40 – 3.25
Rm. 306 Henson Hall
|
Roger
Nooe, Ph.D. |
974-2349 |
|
|
Mark
Stephens, Esq. |
594-6120 |
|
|
David
A. Patterson, Ph.D. |
974-7511 |
|
| Matthew Theriot, Ph.D. | 974-8109 | mtheriot@utk.edu |
The contents of this syllabus
are subject to change until the first day of class.
Code of Conduct:
It is the student's responsibility
to have read the College of Social Work Ethical academic and Professional
Conduct code that is in the College of Social Work MSSW Handbook (http://www.csw.utk.edu/)
The Honor Statement:
An essential feature of The University
of Tennessee is a commitment to maintaining an atmosphere of intellectual
integrity and academic honesty. As a student of the University, I pledge
that I will neither knowingly give nor receive any inappropriate assistance
in academic work, thus affirming my own personal commitment to honor and
integrity. (Hilltopics, 2003).
Disability
If you need course adaptations
or accommodations because of a documented disability or if you have emergency
information to share, please contact the Office of Disability Services at
191 Hoskins Library at 865-974-6087. This will ensure that your are properly
registered for services.
Snow Policy
Class will be canceled only if
the University is closed because of inclement weather. Use your own judgment
concerning class attendance. Assignments due on a snow day will be due the
following class session.
Course
Description
This
course will provide an introduction to and overview of the field of forensic
social work. Course content focuses on forensic social work including ethics,
roles, functions, skills; utilization of community assets; the criminal justice
system; and trans-systemic interactions.
Course
Rationale
Social workers have increasing opportunities to practice in forensic settings. Recognizing the growing trend toward "community justice" which includes policing, prosecution, defense, courts, and sentencing; this course seeks to assist students to develop knowledge and skills for practice in these arenas. Forensic social work practice requires the ethical, knowledge, and skill capacity to balance the mutual and conflicting interests of client and community.
Course
Objectives
1. Introduce forensic social work including purposes, functions, practice roles, and practice settings.
2. Students will know
the domains of the criminal justice system and steps in the criminal prosecution.
3. Students will be
able to identify social work values and ethics and apply these values and
ethics toward resolution ethical dilemmas faced in forensic social work practice.
4. Students will comprehend
and be able to articulate relevant theories and models of offender causation
including the influence of oppression and socio-economic injustice.
5. Students will know
the biopsychosocial assessment process including evaluation of (a) degree
of criminal responsibility, (b) relevant mental and/or substance disorders,
(c) collateral information including records, testing, and medical reports.
6. Students will understand
the concept of mitigation in criminal cases and the range of roles of forensic
social workers in the development mitigation related theories and materials.
7. Students will understand
and appreciate the knowledge and skills required to present court testimony.
8. Students will know
the functions of forensic social workers in clinical and judicial settings
offering sentencing and program alternatives.
Methods
to Attain Objectives
The primary
learning format will be lectures, classroom exercises, and activities, which
involve all students as active learners. Class lectures and
exercises are based on the understanding that readings assigned for that
topic have been completed prior to class.
Readings
All readings
for this course are listed in the bibliography below and are available from
the
Online Reserve at UT Hodges Library. In addition to assigned articles,
students are encouraged to read from recommended selections and independently
from the professional journals.
Assignments and Evaluation
Attendance and Active Participation 20%
Midterm Test 20%
Paper and Presentation 30%
Final 30%
Paper
In this paper you are to research an area of forensic
social work of interest to you. This is an opportunity to develop specialized
knowledge about a particular area of forensic social work. Topics might include,
but are not limited to any of the topics covered in the syllabus. If you
have questions about the paper or wish to discuss possible topics, please
email one of the instructors.
Students are required to submit via email a
1 page prospectus describing and outlining your proposed paper. This is
due by class time on February 2rd.
Criteria for evaluation of the papers will include
clarity, organization, synthesis of material, and overall mastery of content.
Organization of your paper can enhance your grade. Papers need a beginning,
middle, and an end. Introduce your topic and outline what will be covered
in the paper. Use subheadings to direct the reader in the body of the paper.
Summarize your conclusions at the end.
The paper must be typed and references (12 minimum) must be in APA format. The length should be 12 -20 pages and it must be submitted electronically (via email) no later than class time on April 21. Students will present a five minute synopsis of the critical points of their paper related to a particular domain of forensic social work.
Course Outline - * Required readings - ** Recommended readings - *** Resource readings
All readings are subject to change until the first day of class.
1. Introduction and Overview
Definition
Purpose, Function, Roles
Social work and judicial proceedings and outcomes
Legal arena
Relevant Policies
Terms and concepts
Forensic Social Work Panel Presentation
**Barker, R.L. & Branson, D.M. (1993). Forensic social work: Legal aspects of professional practice. New York: The Hawthorne Press.
*Miller, J.G. (1995). Criminal Justice: Social work
roles. In R. L. Edwards (Ed.-in-Chief), Encyclopedia of Social Work (19th
ed., pp. 653-659). Washington, DC: NASW Press.
2. Ethical and Value Issues
Confidentiality
Interface between law and social work
Scenarios and discussion
*Saltzman, A. and Furman, D.M. (1999). Law in Social Work Practice. Chicago: Nelson-Hall. Chapter 1.
*Rule 1-1.7 Tennessee Rules of Professional Conduct [2003 Edition]
*Rule 1-1.9 Tennessee Rules of Professional Conduct [2003 Edition]
*Rule 5-5.3, Tennessee Rules of Professional Conduct [2003 Edition]
3. Theories and models of offender causation
(risk and resiliency)
*Mark Cunningham, Ph.D.,
Capital Mitigation: Investigation and Testimony, presented at the Tennessee
Association of Criminal Defense Lawyers, "Normal People Don't Commit First
Degree Murder" seminar, April 2003. (These materials were prepared and presented
in the context of a death penalty seminar as a mitigation topic. They contain
a very informative review of Department of Justice study materials regarding
"risk factors" and "offender causation" information)
.
Levitt, S. (2004) Understanding Why Crime Fell in the 1990s: Four Factors that Explain the Decline and Six that Do Not, Journal of Economic Perspectives, 18 (1), 163-190. Available on the Online@UT couse site under Documents.
**Williams III, F.P. & McShane, M.D. (1998). Criminology theory: Selected classic readings (2nd ed.). Cincinnati, OH: Anderson.
***Samenow, Stanton E. - The Basic Myths about Criminals (Chapter 2). - Inside the Criminal Mind (1984).
***Samenow, Stanton E. -
To Change a Criminal (Chapter 13). - Inside the Criminal Mind (1984).
**Clinard,
M. B., & Meier, R. F. (1995). Sociology of deviant behavior,
(9th ed.). Fort Worth, TX: Harcourt Brace Jovanovich.
4. Forensic Social Workers in Public Defender Offices
Treatment roles
Defense team roles
Community practice
roles
*Cait Clarke, Problem-Solving Defender in the Community: Expanding the Conceptual
and Institutional Boundaries of Providing Counsel to the Poor, The Georgetown
Journal of Legal Ethics, Vol. XIV, No. 2, Winter 2001.
*Mark Stephens J.D., Mining for the Nuggets of Mitigation: Risk Factors for Crime, Before the Prospecting Begins…presented at the Tennessee Association of Criminal Defense Lawyers, "Normal People Don't Commit First Degree Murder" seminar, April 2003.
*Haney, C. The Social Context
of Capital Murder: Social Histories and the Logic of Mitigation. Santa Clare
Law Review
*Mary Hoban article
**Patrick Berrigan & Mary Hudson Goody, Obtaining Records, Follow-up, and Case Organization, presented at the National Legal Aid and Defender Association’s, Life in the Balance VIII seminar, March 1996. - Class handout. Prof. Stephens will provide them.
**Pierce, C.T., Gleason-Wynn, P. and Miller, M.G. (2001). Social Work and Law: A Model for Implementing Social Services in a Law Office. Journal of Gerontological Social Work. 34(3), 61-70.
5. Criminal Responsibility
Competency
Insanity
Diminished capacity
Forensic Evaluation - Case Examples
*Mark Cunningham, Ph.D., Moral Culpability vs. Responsibility: Explaining the Difference, presented at the Tennessee Association of Criminal Defense Lawyers, "Normal People Don't Commit First Degree Murder" seminar, April 2003. -Class handout. Prof. Stephens will confirm.
*David Keefe, Competency to Stand Trial, in The Fight For Life, a bulletin
from the Capital Division of the Tennessee District Public Defenders Conference,
Issue 5.
*Keefe, David - Growing Need For Early and Comprehensive Competency Investigations - Fight for Life - Issue 6.
*Robert D. Miller, M.D., Ph.D., Criminal Competence, in Forensic Evaluation
and Treatment in the Criminal Justice System, a manual. (this article is
used by mental health professionals at Middle Tennessee Mental Health Institute,
an institution where defendant's are ordered to undergo court ordered mental
health evaluations).
*Tennessee Code Annotated §§ 39-11-501 [Insanity]; and, 33-7-301 [Evaluation
of Accused Believed to be Incompetent to Stand Trial-Judicial Hospitalizations].
*David Raybin, Tennessee Criminal Practice and Procedure §§ 28.40 [Insanity];
14.1 [Competency]; and 28.42 [Diminished Capacity].
*Mark Ward, Tennessee Criminal Trial Practice, §§ 23.10 [Insanity]; 23.11
[Diminished Capacity]; and, 14.17 [Competency to Stand Trial]
6. Relevant syndromes and differential diagnoses.
ASP -Personality disorders
Depressive disorders
Psychotic disorders
PTSD
Sexual abuse
Battered women syndrome
Rape trauma syndrome
Neurological
impairment
*Human Rights Watch Study 2003 - Ill-Equipped: U.S. Prisons and Offenders with
Mental Illness
*Lovell, D. & Jemelka,
R. (1998). Coping with mental illness in prisons. Family and Community
Health, 21(3), 54-66.
*Schnapp, W.B. and Cannedy, R. (1998). “Offenders with Mental Illness: Mental Health and Criminal Justice Best Practices”. Administration and Policy in Mental Health. 25(4), 463-466.
*Donald Dutton, Witnessing Parental Violence as a Traumatic Experience Shaping
the Abusive Personality, in CHILDREN EXPOSED TO DOMESTIC VIOLENCE, at 59-84,
(Haworth Press, Inc., 2000).
*Freedman, David - Predictions of Future Dangerousness
*Keefe, David - Mental Health Issues and the Defense of Capital Case
**Mark Cunningham, Ph.D., Jeannie Sternberg, J.D., & Kathleen Wayland,
Ph.D., Psychologist, A Closer Look at Anti-Social Personality Disorder, presented
at the National Legal Aid and Defender Association’s, Life in the Balance
IX seminar, March 1997.
**Mark Cunningham, Ph.D., & Kathleen Wayland, Ph.D., Psychologist, Understanding
and Explaining Psychological Trauma, presented at the National Legal Aid
and Defender Association’s, Life in the Balance IX seminar, March 1997.
February 23, 2006
7. Psychological Testing - Dr. Pamela Auble
Drug and Alcohol Use, Abuse, and Dependence
*Niland, J. (2003). IQ, Psychological and Personality Tests: What They Mean & When to Use Them. National Legal Aid and Defenders Association – Life in the Balance – March 15-18, 2003. Austin, Texas.
*Marlowe, D.B. (2001). Coercive Treatment of Substance Abusing Criminal Offenders. Journal of Forensic Psychology Practice. 1(1), 65-73.
*RachBeisel, J., Scott, J. & Dixson, L. (1999). Co-Occuring Severe Mental Illness and Substance Abuse Disorders: A Review of Recent Research. Psychiatric Services, Vol. 50, 1427-1434.
**Dale Watson, Ph.D., & Kathy Wayland, Ph.D., Neuropsychological and Other Testing, presented at the National Legal Aid and Defender
8. Assessment: interviewing and record collection
Biopsychosocial
Genograms
Identifying, collecting, and assimilating
Identifying experts and interacting with
Culture and diversity
Report preparation
Alternative sentencing
Pridemore, W. A. (2004). Review of the literature on risk and protective factors of offending among Native Americans.
Langstrom, N. (2004). Accuracy of actuarial procedures for assessment of sexual offender recidivism risk may vary across ethnicity.
McCluskey, C. P., & Tovar, S. (2003). Family processes and delinquency: The consistency of relationships by ethnicity and gender.
Sacks, J. Y. (2004). Women with co-occurring substance use and mental disorders (COD) in the criminal justice system: A research review.
*Converse, K. (2003). Social
History Investigations. National Legal Aid and Defenders Association – Life
in the Balance – March 15-18, 2003. Austin, Texas.
**Madden, R.G. and Parody, M. (1997). Between a legal
rock and a practice hard place: Legal issues in “recovered memory” cases.
Clinical Social Work Journal, 25, 223-247.
*Frank H. Einstein, Document Checklist for Mitigation Analysis, presented
at the National Legal Aid and Defender’s Life in the Balance X, March 1993.
March 9, 2006 –
9. Mitigation
Theme development and implementation
Cultural and environmental factors
Identifying theories that reduce culpability
Report preparation
Hartwell, S. (2001). Female mentally ill offenders and their community reintegration needs: An initial examination.
Feather, N. T., & Souter, J. (2002). Reactions to mandatory sentences in relation to the ethnic identity and criminal history of the offender.
* Stetler, Russell - Why capital cases require mitigation specialists.
*Miller, Jill - Expanding the Spheres of Mitigation Evidence - Fight for Life - Issue 7.
**Frank H. Einstein, Document Checklist for Mitigation Analysis, presented
at the National Legal Aid and Defender’s Life in the Balance X, March 1993.
*Katy C. O’Donnell J.D., Presenting Mitigation Evidence in the Guilt Phase,
presented at the National Legal Aid and Defender’s Life in the Balance.VIII,
March 1996.
*Craig Haney, The Social Context of Capital Murder: Social Histories and
the Logic of Mitigation. 35 Santa Clara L. Rev.547 (1995)
*Mark Cunningham, Ph.D., Future Dangerousness, presented at the National
Legal Aid and Defender Associations - Life in the Balance.
*Andrews, A.B. (1991). Social work expert testimony regarding mitigation in capital sentencing proceedings. Social Work, 36(5).
*Guin, Noble, and Merrill – From Misery to Mission: Forensic social workers on multidisciplinary mitigation teams
*Madden and Wayne – Social work and the law: A therapeutic
jurisprudence perspective.
10. Midterm Test Review and Break out preparation for class exercise.
March 30, 2006
11. Class Exercise
*Gothard, S. (1989a). Power in the court: The social worker as an expert witness. Social Work, 34, 65.
*Saltzman, A. and Furman, D.M. (1999). Law in Social
Work Practice. Chicago: Nelson-Hall. Chapters 2 and 3
***Barsky, A.E.
and Gould, S.W. (2002). Clinicians In Court: A Guide to Subpoenas, Depositions,
Testifying and Everything Else You Need to Know. New York: Guilford
Press.
11. Testifying -
Preparing the expert –
Report preparation
Presenting mitigation
Case Example Video
*Cait Clarke, Problem-Solving Defender in the Community:
Expanding the Conceptual and Institutional Boundaries of Providing Counsel
to the Poor, The Georgetown Journal of Legal Ethics, Vol. XIV, No. 2, Winter
2001.
[See: week 4]
**Jenkins, L.A. (1995). Pre-trial diversion strategies for drug involved offenders: Focus on social work involvement. Journal of Offender Rehabilitation, 22, 129-140
*Lamb, R.H., Weinberger, L.E., & Gross, B.H. (1999). Community Treatment of Severely Mentally Ill Offenders Under the Jurisdiction of the Criminal Justice System: A Review. Psychiatric Services, Vol. 50, 907 - 913.
**Lindhorst, D.M. (1999). Treatment of Forensic Patients: An Expanding Role for Public Psychiatric Hospitals. Health and Social Work. 24(1), 18-27.
*Rosekes, E., Feldman, R., Arrington, S., & Leisher, M. (1999). A Model Program for the treatment of Mentally Ill Offenders in the Community. Community Mental Health Journal, Vol. 35, 461-472.
*Steadman, H.J., Morris, S.M. & Dennis, D.L. (1995). The diversion of mentally ill persons from jails to community-based services: A profile of programs. American Journal of Public Health, 85(12), 1630-1635.
*Talbot,
Margaret - The Executioner's I.Q. Test - The New York Times Magazine - June
29, 2003.
12. Interventions and venues -Guess Speakers
Mental health courts
Drug courts
April 20, 2006 - Paper
Due!
13. Review and Integration
Community Law office – Final meeting of class at the Comm. Law office
April 27, 2006 Paper Presentations
14. Final Available Online until May 4, 2006
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