Notes for Review Lecture on March 31
Notes for Review Lecture on March 31 SOC 2167
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Mariana de la Maza
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This 3 page Bundle was uploaded by Mariana de la Maza on Tuesday March 31, 2015. The Bundle belongs to SOC 2167 at George Washington University taught by Fran Buntman in Winter2015. Since its upload, it has received 35 views. For similar materials see Sociology of Law in Sociology at George Washington University.
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Date Created: 03/31/15
Review for Test March 31 Meanings of Race Types of Law At different points in US History immigrant groups have wanted to claim a merged or distinct identity Post civilrights era emphasis on being a hyphenated American Race dominant emphasis of certain kinds of discussions legal and other 0 Accurate reality inaccurate social not biological O In California there is segregation by the prison administration on the basis of race 0 Precision EX Ethnicity Latinos and race blackwhite 0 Changing ex Immigration religion I Religious profiling especially post 911 Intersectionality 0 In practice we have it occurring all the time Similar and different kinds of law interact with issues of race equality in different ways EX Rogers vs American Airlines 0 Law doesn t understand the intersect between African American and Woman only in separate spheres Law is both a product and shaper of society ex We are concerned about race less How is criminal justice and the criminal justice system similar or different than other areas of law 0 One reality about the postcivil rights society Formal Equality 0 We know from the 14th Amendment in the 1860 s and the Civil Rights Acts in the 1960 s I We get understandings of how race constructs law and law constructs race I Similarities and differences I Criminal justice system affects rights But continued challenges 0 Lots of areas 0 Focus on criminal justice Why I Affects rights I Pushes button in many areas of the national and historical psyche I The New Jim Crow 0 Note that the old Jim Crow less focused on criminalizing 0 Legally and socially protected 0 One of the things about the old Jim crow although criminalizing black people wasn t the only thing employment restricted covenants 0 Criminal justice was a relatively small part of the Jim Crow system 0 Alexander says the contemporary racial order crime becomes a key element of how me shape our racial order 0 Criminal Justice 0 Lots of ways to consider CJ case studiesarenasexemplars but not full picture 0 Sociology concern with power 0 Plea negotiations and race 0 Two areas where key issues of institutions law power society economics politics etc come into play I We want to understand interactions between both 0 Plea NegotiationsAgreements Plea Bargains 0 Defined three institutional actors prosecutor judge I Key roles include defense and prosecution I Judge usually rubber stamps I Note sociologicalinstitutional issues ex Court working group RPs and Oss on a spectrum 0 Key role of power and bargaining chips I Most but not all cases the state has the institutional power advantage I Important exceptions 0 Person is accepting criminal liability but it is not always because they I May engage in please because of number of offenses cost etc 0 Idea of contractual engagement and agreement 0 Race and Reputation 0 Article Focus on language as a structural element in society that both re ects and shapes or reinforces practical realities in societies 0 Shapes and is shaped by power 0 Look for conscious and unconscious expressions of legal and socialnon legal values I Ex Plessy v Ferguson Justice Brown says socially African Americans have an inferior reputation to whites But legally racial segregation does not necessarily imply inferiority I Ex McClesky majority statistically significant differences in capital prosecutions based on race of murder victims a social fact but not a pertinent legal fact 0 Legal standards 0 While we universally hold the value of equality it doesn t mean it will always be equally applied 0 Legal standards mostly intent rather than effect I Sociologists patterns matter law is not neutral I Supreme court legal rule matters Civil and Criminal Issues Is reputation an Intersection 0 Innocence O A crude duality I For critics of law enforcement race profiling in general I Apparent criminality is a way to confirm the idea that this person and his behavior was suspicious because they had a previous conviction for X Changes and Continuities 0 Scott V Sandford Plessy For Test Will not specifically look at articles Only things she pointed out her article Graber s Will pick out information from PPT notes Multiple choice cases which went in which direction vs another direction terms and concepts plea negotiation matching columns short answers ex Discovery plea negotiation contract tort which word does not belong to civil law Galanter one shotters vs repeat players in Brown How would Galanter say repeat players like large corporations able to improve their odds in terms of law suits Questions on a Civil Action 0 EX In terms of applied things opening scene does it represent I Value of different lives how does that speak to different types of law 0 Groups within a civil action which represent repeat and one shotters Larkin interestingly enough he doesn t focus on civil society and social movements or political parties certainly sees politicians as the problems and judges as solutions Graber is not suggesting saying these are different ways to understand and interpret the law 0 Challenging the ideas that there is one way to interpret the law constitutional law 0 Saying that in understanding the different approaches to understanding law you need to understand no matter what your ideology is you need to draw upon more than one of them I One size does not fit all 0 Saying you cannot reduce your understanding of supreme court decisions on ideology because interpretive practices matter too so you need to see how they connect 0 You do need to understand what s being drawn on overtly vs what is being used and is not acknowledged
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