1 THE UNIVERSITY OF TEXAS AT AUSTIN SCHOOL OF SOCIAL WORK Course Number: SW360K (undergraduates) SW393R (graduates) Instructor’s Name: John Niland Unique Number: _____________________ Semester: Fall, 2005 E-Mail: [email protected]. Phone contact: 320-8300 (O) 394-0485 (H) Meeting Time/Place: Monday 5:30-8:30 Office Hours: Friday 12:00 to 1:00 p.m. Room 2.132 I. Course Description This course will cover the varied contributions and professional skills that social workers provide in the legal system generally, and the criminal justice system specifically. Students will become familiar with both civil (family law) and criminal law in order to better understand the relevance of social work knowledge and skills in these systems. This course will include a focus on the following: the significance of the social worker as mitigation specialists in capital cases; the relationship between legal and social work ethics; developing and presenting mental health evidence; working with experts in related fields; risk and support factors in child development which influence behavior; the concept of restorative justice as an alternative to traditional notions of criminal justice; the competency of an accused to understand rights, to waive rights, to be tried and to be executed; the role of the social worker in juvenile justice; and an emphasis on community supervision, parole and reentry as part of the criminal justice system.2II. Course Objectives Upon successful completion of this course the student will be able to: 1. Clarify the relationship between legal and social work ethics; 2. Assess the role of the social worker in developing mental health evidence; 3. Assess the role of the social worker as an expert witness. Students will be able to demonstrate an understanding of state law applicable to expert testimony and skills that are needed for effective testimony; 4. Explain the concepts of victim advocacy in the criminal justice system and identify the roles that advocates play and the stakeholders who benefit from the assistance of the social worker. 5. Identify and request those records needed to tell the story of the client’s life; 6. Explore alternatives to incarceration, including deferred adjudication and community supervision. Students will be able to recognize the role the social worker plays in diagnosing a possible cause of criminal behavior, identify solutions to behavioral problems, and access local community based services that can address the causes of the behavior. Problems with inmate reentry into the community will be identified and solutions will be brainstormed. 7. Assess the various methods of risk assessments for their applicability to the criminal justice process. 8. Identify and assess the risk factors and supports that influence criminal behavior in juveniles and how the juvenile system differs from the adult system. 9. Dissect the Texas Competency to Stand Trial statute and compare it to standards relating to competency to understand rights, to waive rights and competency to be executed; 10. Define mitigating evidence by exploring applicable state and federal statutory and case law, and apply the concept of mitigation to both capital and non-capital cases.311. Describe the role of the social worker in family law and other areas of civil practice. 12 Probe the complexities in working with the challenging client in the context of legal representation; 13. Identify the rationale for extending the holdings of Atkins v. Virginia and Roper v. Simmons to other classes of offenders. III. Teaching Methods Lecture, discussion, role playing, assigned readings, examinations/assignments. IV. Required and Recommended Texts and Materials There will be no required text. Though several possible texts were reviewed and discussions were had with educators in the field of forensic social work. No texts appear to be ideally suited for this course. However, a number of readings will be required and others will be suggested. The required readings can be purchased from the School of Social Work print shop or found on line. In order to insure that the most current literature is used, the list of required and suggested readings will be expanded prior to the beginning of the class. It is anticipated that required readings will include: Holdman, Sharlette, The Nature and Role of Mitigation Evidence in Capital Cases, Submitted to the Inter-American Court (November 20, 2001). Relevant portions of Texas Code of Criminal Procedure found on the internet by accessing Texas Legislature on Line, www.capitol.state.tx. Wiggins v. Smith, 123 S.Ct. 2527 (2003) and other relevant opinions of the United States Supreme Court. These can be found at www.supremecourtus.gov.4Hawkins, J.D. , Herrenkohl, T.I. , Farrington, D.P., Brewer, D., Catalano, R.F.., Harachi, T.W., & Cothern, L. (April 2000). Predictors of youth violence. Juvenile Justice Bulletin. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Niland, J. (2005). Incremental approach to developing mental health evidence. Self published and available from the author. V. Suggested Reading Volavka, J. (2002). Neurobiology of violence, 2nd. ed. Washington, D.C.: American Psychiatric Publishing, Inc. Parry, J and Drogin, E. (2000). Criminal law handbook on psychiatric and psychological evidence and testimony, Washington, D.C: American Bar Association Other material will be suggested throughout the course in order to enrich the learning experience. V. Course Requirements The following activities will be completed during the semester with points given for each course requirement. Grading will be based on a total of 100 possible percentage points accrued by the end of the course. (a) Class Participation Students are expected to attend all classes and participate meaningfully in class discussion. Emphasis is placed not only on familiarity with assigned reading, but also on the student’s creativity in identification of issues and proposed solutions. If students miss a class, the instructor must be contacted. PERCENTAGE OF GRADE: 20/1005(b) Research Paper One research paper, not to exceed 10 pages in length, will be required of each student. Students should identify the research topic by September 19, 2005. An outline and list of authorities will be due on October 10th, 2005. The paper will