SOC 1003 - Criminal Justice Final Study Guide and Sample Questions - Prof. Kenneth Leon
SOC 1003 - Criminal Justice Final Study Guide and Sample Questions - Prof. Kenneth Leon SOC 1003
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This 12 page Study Guide was uploaded by skenan on Monday April 25, 2016. The Study Guide belongs to SOC 1003 at George Washington University taught by Kenneth Leon in Spring 2016. Since its upload, it has received 12 views. For similar materials see Criminal Justice in Sociology at George Washington University.
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SOC 1003 – Criminal Justice Final Study Guide General Aims of Punishment: Rehabilitation/ Treatment: if the proper treatment is applied, an offender will present no further threat to society. Incapacitation/ Deterrence: o Incapacitation is similar to specific deterrence because once the criminals are incapacitated they cannot repeat the same criminal activities in the society. o General: crime control policy that depends on the fear of criminal penalties. People will not choose rime if they fear legal punishment. Ex; death penalty. Problems: fearless criminals, chances of arrest… o Specific: punishment severe enough to convince convicted offenders never to repeat their criminal activity. Ex; long sentences Defiance, stigma, irrational offenders Retribution / Just Deserts: The philosophy of justice asserting that who violate the rights of others deserve to be punished. The severity of punishment should be proportional. Utilitarian vs. The Retributivist: UTILITARIAN RETRIBUTIVIST Punishment is bad but serves the greater good Punishment is good and necessary. Associated with classical school and Beccaria Strong emphasis on rights Innocence, guilt, and crime are social As long as the justice is served, the pros/cons constructs. or happiness/pleasure are irrelevant. Punishment must b precise and calculated; the The principle of utility is a pseudohedonistic, benefits of punishment > its inherent costs selfinterested, and animalistic concept. and troubling effects The best punishment allows for a certain level Criminal law is a social contract. of crime Crime management not crime control Cost/ U scale is irrelevant. Totalitarian Regime example Essential purpose of sentencing is to punish proportionally. Problems with the debate: Rational and wellintentioned people strongly differ in their views on punishment. To justify punishment, you have to show that the benefits outweigh the costs. “We” espouse the concept of rehabilitation but we don’t do a great job of truly supporting it. Pennsylvania System: Solitary confinement, solitary labor, total isolation and silence Auburn System: system that survived Solitary confinement at night, group labor done in silence. COMMUNITY SENTENCES: Community sentences: forms of punishment that do not involve fulltime physical confinement to a correctional and institution. May be used as a supplement or an alternative. Types of community sentences: o Probation: a sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions. o Parole vs. probation: parole is already been in prison and let out. o Specific conditions that must be met, tailored specifically to the offender. Crime factors Offender factors o Violation of the rules = revocation = you are going to prison o Compatible with BOTH rehabilitation & crime control perspectives on justice o Probation and technology: Internet use, hard drives, phones, all subject to monitoring. o Recognizance: the medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior. o *Is a criminal sentence that suspends or delays a correctional term in a prison or jail in return for a period of community supervision during which the probationer must abide by certain conditions set fourth by the court, under the supervision of a probation officer Probation officer: some view themselves as social workers (looking to warm people), others as law enforcers (looking to get people) o Fines: Based on your income and severity of the crime. Sweden and Finland do this. o Cons: Overburden the poor. o Forfeiture: seizure of personal property by the state as a civil or criminal penalty. o Over 100 federal statues use forfeiture of property as punishment o More on asset forfeiture of property as punishment o Cons: overreacting /excessive o Restitution: o Paying the victim, not the state o Either pay back the victims of crime OR serve the community to compensate for criminal acts o Cons: does not reduce recidivism o Split Sentencing: requires the convicted to spend some time in jail some in community. o Cons: labeling and stigma o House Arrest: a lot of variation o 24 hour confinement, weekend confinement, night time o Cons: No real treatment o Residential Community Corrections (RCR): houses that probationers o Halfway house or reporting center o Treatment and service oriented o Mostly for substance violation o Cons: Excessive and high failure o Electronic Monitoring (EM): ankle bracelet, stigmatizing, 21 century scarlet letter o Cons: Techdependent, provides no treatment LIFE WITHOUT PAROLE: 16 years max in Portugal Either 20 years of 30 years in France LWOP is the true life sentence Variation at the state level for parole eligibility. You may get a life sentence and serve 2030 years. 1 out of 9 prisoners in serving life 50,000 are serving LWOP 30% of “life” sentenced are truelife sentences. More than 10,000 life sentences were for defendants who committed their crime under the age of 18. (a quarter of those received LWOP) It’s a softer death penalty w/out the rigor or scrutiny. 63% of convictions are for murder. The number is rising so quickly. Why LWOP? o Distrust of CJ system: huge literature on movements leading to determinate sentencing, mandatory minimums, truthinsentencing. o Lack of faith in concept of reform/rehabilitation: “throwing away the key” o Desire for retribution & increased punitive stance against certain groups: who is writing the laws? More over, who is voting for the legislators who are writing the laws? What Can We Do? o Eliminate LWOP altogether: means reinstitute parole, allows everyone to be eligible to apply after serving between 1025 years. o Increase Use of Clemency: In Florida: if convicted of felony, lose rights to vote, public office, ownership of gun, sitting on a jury o Fund transition services LWOP is the functional equivalent of the death penalty. JUVENILE JUSTICE SYSTEM: Parens Patriae: “father of his country” a principle in legal philosophy. Government is the true guardian of the needy and infirm, including dependent children. Supports the power of the state to act on behalf of a child and provide care and protection equivalent to that of a parent. Enlightenment: Human reason could be used to combat ignorance, superstition, and tyranny to build a better world. Inspired govt action to protect children. o Poor laws of Britain 1535: statues allowing for the appointment of overseers to place destitute or neglected children as servants in the homes of the affluent. Core intention was to turn disadvantaged youth into contributing members of the community and develop some kind of productive skill or trade. The role of labor and economic production. Virginia passed similar Poor Law Legislation in 1646 (Connecticut and Mass followed in the 1670s). The aim is to promote productivity and apprenticeship in children that otherwise pose a high risk of becoming wayward or delinquent. In practice, the youth were subject to brutal punishment and barbaric discipline rather than humanitarian and rehabilitative. “Any punishment that fell short of maiming or permanently harming a child was considered within the sphere of parental rights” Chancery Cour protected the property rights of welfare of more affluent minor children – children whose position and property were of direct concern to the monarch. These were the first juvenile courts. Parens Patriae justified the widening of governmental reach into the lives of juveniles and into the activities that had been typically left to the family (drinking, idleness, vagrancy, delinquency) Period of Transition: Colonial era ended. Rapid growth and urbanization began during 1800s. Influx of immigrants, westward expansion, diversification of labor and markets, the growth of cities. Alcoholism, prostitution, gambling, and property crimes increased within juveniles. Progressives and conservatives alike wanted to address these issues. Childsaving Movement Emerges: questionable intentions, a large part was inflicting social control on immigrant and minority children, removing them from families and cultural heritage, Catholic backgrounds and placed them with “Nativestock” Protestant Americans. Society for the Prevention of Paureism (1816): devoted to protecting indigent youths who were at risk of entering criminal trajectories. House of Refuge, NYC 1825: privately by taxes on arriving transatlantic passengers, and from license fees for taverns, theaters, and circuses. Revenue stream justified by the perception that juvenile ills were a product of intemperance, immigration, & basic commercial entertainment. th 1 century: There was no distinction in treatment/punishment between adults & children over the age of 7. Age was a mitigating factor if you were between ages of 714. If older than 14, too bad. BOOK Weeping in the Playtime of Others – Kenneth Wooden 30 juvenile facilities, 1972 – 1975 Ages 5 through 16 Uncovered an astoundingly high incidence of emotional & physical abuse, torture, & commercial exploitation of the children by the individuals who received public funds to care for them A significant number of whom were not criminals but runaways or mentally disabled. Problems in Juvenile Institutions in the 1970s: Drug experimentation: amphetamines. Proposed gonorrhea vaccine for mentally retarded boys at the Glen Mills School in PA. Abuse of the mentally retarded and female children Misclassification: careless landing of mentally ill in normal institutions. Lack of educational services: receiving zero educational materials or instruction Hypocrisy: running away from abuse, then being abused again and then returning to the same environment. Invasiveness of the mandatory procedures Applying Criminal theory to Juvenile Justice Policy: Labeling Theory: noninterventionist perspective Rational Choice Theory: neuroscience Strain: Economic or lifestyle 2005: Supreme Court ruled that DP is unconstitutional for juveniles. CAPITAL PUNISHMENT: More than 14500 have been executed since 1605. Pros: Deters heinous acts of violence (deterrence) For the most serious forms of crime, there must be an ultimate form of punishment. Closure for the victims’ families Eliminating the most dangerous offenders is a form of protecting/preserving life Lowers the cost of correctional institutions. Cons: Wrongful executions have occurred The state doesn’t have the right to terminate life. (minimal state) Closure? No “correctional” component Cruel & unusual: 8 amendment Killing someone to show that killing is unacceptable is… awkward LWOP is money retributive Money Issues: 1. Morality: a. Pro: An eye for an eye. Death is deserved. Systematic bias is irrelevant to helping one decide on individual cases. b. Con: The state does not have the right to terminate life. Legacies of racial apartheid/bias/brutal social control influence an immoral administration of DP. It may be moral in a specific case but immoral as a system. 2. Constitutionality: a. Pro: The fact that it might be painful does not mean it is cruel & unusual. Developments in tech make DP less cruel. th b. Con: The mere concepthof state –inflicted death is a violation of the 8 (unusual punishment) and 14 amendments (due process). These “tech developments” are just lipstick on a pig. 3. Deterrence& incapacitation: a. Pro: DP accomplishes both specific and general deterrence. b. Con: The data do not conclusively support any substantive deterrent effect. i. States with DP do not deter crime more effectively than states without. ii. Heinous crime does not rise after DP is abolished. iii. The decisionmaking process of capitaleligible defendant is different. 4. Retribution: a. Pro: Answers injury with injury in the name of a public good. Provides closure to victims and their loved ones. b. Cons: Expressing anger only makes us angrier. Victims don’t really obtain closure... Retribution is like revenge, a low emotion. 5. Irrevocable Mistakes: a. Pro: The inevitability of a human error or mistake should not serve as grounds to eliminate DP b. Con: How do you establish a permissible number of mistakes in the context of life & (avoidable) death? 6. Cost: a. This is essentially a debate about which one is cheaper: LWOP or DP 7. Race: a. Pro: the overrepresentation of Blacks & Hispanics is simply a reflection of their over participation in capitaleligible offenses b. Con: AfricanAmericans are approx. 14% of US population, but approx. 50% of death row population 8. Income & Defense Quality: a. Pro: Despite the stereotypical depiction of public defense lawyers being overworked, underpaid, and underqualified, the juries, judges, and entire legal team do their job as effectively as possible. Class doesn’t matter when there is such scrutiny applied to the court processes of these cases b. Con: The DP is reserved not for the guilty, but for the poor 9. Role of Medical Professionals: a. American Medical Association (AMA)’s code Medical Ethics forbids participation in lethal injection b. Pro: the hypocritical attitude of “my hands are clean – let the spectacle proceed” only contributes to the increased possibility of human suffering c. Con: Doctors are trusted to preserve and protect life, not participate in the practice of killing. Key CP Cases: 1. Furman vs. Georgia: “de facto moratorium” DP violates the 8 amendment. Cruel & unusual 2. Gregg & Georgia: moratorium lifted. DP does not violate 8. Not unusual and cruel. 8th Amendment Concerns: Cruel & unusual punishment occurs when the punishment does the following: o Degrades the dignity of human beings o Disproportionate to the offense o Shocks the general conscience and is fundamentally unfair o Deliberately indifferent to a person’s safety & wellbeing o Punishes select groups because of status, like race, religion, mental state, etc o Flagrant disregard for due process of law, such as punishment that capriciously applied WAR ON DRUGS Reagan is often associated with WOD Negative Ramifications of WOD Explosion in government spending o Over 1 trillion dollars in tax dollars Shift in law enforcement priorities o Civil asset forfeiture: the police can take one’s property (no arrest or sentence is needed) and sell to make profit. This law is overly abused in many states. Ex; cops can stop you and accuse you of carrying drug money. o Worrall (BB) 2001 article: o W& K 2008: Is Policing For Profit? Mass Incarceration o There are a variety of angles in which to approach this area o Differential race effects within: Police (stop &frisk) Courts (race & place in sentencing) Corrections/ punishment (correlates of ban … Disproportionate enforcement (resulting in disproportionate incarceration) Conflict between seriousness of the law normative standards of the people Transferring issue from public health to law enforcement Declaration of war on an “unwinnable” issue Some Statistics on the Incarcerated: 62% of all males in state and federal prison are men of color 71% of those serving for drug related sentences are men of color Yet, men of color only make up 30% of the population All this points to the disproportionate arrest and sentencing of people of color, especially for drug related crimes Connections to Conflict Theory/Paradigm The laws are created favor the elite and powerful. They don’t get arrested for their illegal actions. WCC isn’t in CJ data because a lot of the settlements are done outside of courts. Drugs are not regulated on the basis of whether or not they are harmful but in relation to who they are associated with (empirical claim) From War on Drugs to War on Terror: Terrorism defined: Premeditated, politically motivated violence perpetrated by subnational groups or clandestine agents o International Terrorism: involves citizens or the territory of more than one country How are Terrorists “Created”? o Psychological View Terrorists tend to have psychological deficits/traits that distinguish them from nonterrorists Psychopathology: selfdestructive urges, problems w/ authority, etc. o Socialization View Terrorists are acculturated & socialized at a young age to view extremist/terror actions as justified & normal Differential Association Theory/ Social Learning Crime is learned via association and socialization with delinquent peers essentially you’re normalized to crime because you see/know people around you who do it Perspectives on Root Causes, Cont. o Ideological View Violence as necessary evil/tool to fight oppressors Revolutionary perspective o Alienation View Lone wolves and other “easily recruited operators” are alienated from mainstream social institutions, and are easily swayed into terrorist activities Law Enforcement Effects o PATRIOT Act authorizes law enforcement to have expansive powers in: Surveillance Jurisdiction Intelligence Gathering Leaping constitutional protections War on Drugs Changed the Definitions, Interpretations, & Processes of: Probable Cause Good Faith Exception Exclusionary Rule Legitimate Expectation of Privacy Searches & Seizures Vehicle Searches Pretextual Stops Tools from War on Drugs applied to the War on Terror: Due process pertaining to “aiding & abetting’ Nationwide search warrants Expansion of FISA authorized surveillance to domestic and nonterrorist use Militarization of police started with the war on drugs Drugs on war made it more possible for the police to act like military. You lose your civil rights celebrities; the govt takes your rights to make sure the pubic safety. Surveillance, phone tab, sneak and peek. It’s used as an excuse to do these things. Gerald Ashdown Blooming of America: permissive police investigating practices, loss of privacy rights. Pushing for more strict law enforcement, which result in decline of civil rights. Fall most heavily on the black and the poor those who are outside of the power structure. The greater good of the society Crimes of the Powerful: From the Streets to the Suites; Elite Deviance & Crimes of the Powerful: Conflict Paradigm Revisited Criminal justice institutions and the body of law itself are designed in favor of the ruling class Those with less power will be subject to more control and legal capture Those with power will have their interests codified into the law itself Intersectionality: The study of intersections between forms of systems of oppression, domination, and discrimination Power spectrum of race, class, and gender Elite Deviance: White Collar Crime Businessmen who engage in harmful acts under the mask of respectability “Society’s most dangerous foe, more [fearsome] by far than the plain criminal, because he sports the appearance of virtue and operates on a titanic scale” Edwin Sutherland (1939) Building upon this concept, Sutherland coined the term white collar crime (WCC): o Crime committed by a person of respectability and high social status in the course of [their] occupation o Acts of an individual perpetrated during the course of the person’s work where deception, concealment, and breach of trust are used to obtain money and gain privilege, or to avoid losing money or privilege Common Denominators of WCC WCC does not typically come to mind when one thinks of crime Offenders enjoy relatively high levels of trust & respectability Not a traditional focus of legal/justice system Systematically excluded from official data Corporate Crime Acts of individuals who occupy positions of power within institutions who willfully & knowingly break the law to advance their own interests & for their own benefit or the benefit of their business/enterprise Remained relatively unnoticed until 1900’s Subdivisions o Crimes against employees To keep costs down and increase profit, corporations often ignore or fail to correct safety & health violations/concerns. Willing to do so because the fine they risk incurring is less costly than correcting a violation o Crimes against the environment Ex; Negligent/willful dumping of toxic wastes in oceans and on land o Crimes against general public False Claims Advertising Knowingly lying to consumers about a product Price fixing Conspiring with competitors in a free market in order to gouge prices Occupational Crime Different from corporate crime because the individual is pursuing their own interests, rather than the interest of the organization o Embezzlement vs Theft Embezzlement: had legal possession of the money/item but misappropriated it for own benefit Pilferage: systematic theft of small amounts over extended period of time o Chiseling Violations of trust/integrity in order to reap profits Think of the mechanic or doctor that overcharges without you realizing it o Churning Repeated & excessive buying and selling of stock by a stockbroker who can then receive commission for each trade o Front Running Brokerage company purchase large quantities of stock at low cost, then advises their investors to purchase the same stock at higher prices Political Corruption Influence peddling o E.g. accepting large campaign contributions in exchange for government contract or preferential treatment Bribery: Accepting a direct payment in exchange for official govt. action Extortion: state crime only. Holding legislation if doesn’t work for you. Congressman not approving a legislation. State Crimes Genocide War Crimes Military Rape Organized Crime Relies on the cooperation of a network of individuals who have a mutually beneficial relationship Requires the secret and rapid movement of goods, money, people, and drugs And adherence to establishing mechanisms for dictating rules, settling disputes, dividing territories, controlling markets Transnational Organized Crime Involves the planning and execution of illicit business ventures by networks working in more than 1 country Use systematic violence & corruption to achieve their goals Commonly include money laundering, human smuggling, cyber crime, and trafficking of humans, drugs, weapons, endangered species, body parts, or nuclear material Power: race, class, gender throughout US history… Militarization of the Police:: Started with the war on drugs and they could just barge into someone’s house. They were giving special clothing and weapons. They started acting like military. Proven that police wearing military equipment changes their mentality. They started acting like military rather than protecting the public. Having a “Noknock warrant” is more useful in practice. Pros: Sam burdendine, actual terrorist attacks, noknock warrant is total misuse In some cases, NEED of balance. Criminal justice perspectives revisited: o Crime Control: emphasizes the control of dangerous offender and the protection of society through harsh punishment as a deterrent to crime. If the justice system operated in an effective manner, most potential criminals would be deterred from crime. o Rehabilitation: sees crime as expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyles through conventional endeavors. Criminals are victims of poverty, racism, lack of opportunities, etc. o Due Process: whether your rights were violated in a legal encounter, everyone should be treated fairly (nor racism, religious discrimination). Some argue that legal privileges provided to criminals have gone too far. But, what if the “criminal” is a victim of slipshod justice. o Nonintervention: separating act vs. identity. It favors the least intrusive treatment possible like decarceration, diversion, and decriminalization. Once a person is involved with a CJ agency, people might see him untrustworthy and dangerous, which will have negative connotations. Bearing a label disrupts their life. o Decriminalization: reducing the penalty for a criminal act without legalizing it for possession of marijuana, public drunkenness, etc. o Equal Justice: similar to due process, but more activist and reformist. Focuses more on fairness. Due process: equality vs. equal justice: equity. o Racial Animus Model: America has the image ıf the typical offender as young, inner city black male. o Restorative Justice: more holistic approach of what CJ should be like. Emphasizes that CJ should be distributing peace not punishment. Religious and philosophical underpinnings. End goal: forgiveness, amends, and social reintegration. Example questions from the Spring 2016 Final. It was not cumulative. I shortened it to what you ACTUALLY need to know for the final. Issues with civil asset forfeiture and how you could defend the practices involved with it? Give two pros and two cons. What are the court cases associated to capital punishment? Connections between how drugs are labeled and treated vs how terrorism is labeled and treated. How can intersectionality and conflict theory relate to a theory of decriminalization in the context of drugs? What kind of justice do truce and reconciliation committees represent? What are some problematic aspects of Electronic Monitoring? Give at least three examples. What does it mean that drug policies have xenophobic roots? Explain the three C’s of criminal justice. What is the role of OSHA and who is it associated with? Explain Robert K Merton’s box and where terrorism would fall in it? How intersectionality can be used to define power (matrix of race class and gender) Explain how Juvenile justice has evolved in the U.S. Give examples of mal practices from the past. What is the difference between probation and parole? Which is the amendment associated with punishment? What is it called when the offender repays the victim instead of state? Juvinale justice is associated with what theory? Do most prisoners exist in jail, prison? What kind of prisons? Who coined the term White Collar Crime? How would you defend issues related to the militarization of police? What are those issues? Explain Occupational vs. Corporate Crime Concept and math between the utilitarian perspective and retributivist Issues with civil asset forfeiture 2 extended response questions: choose ONE First topic: Capital Punishment and LWOP Definitions Debate on practice and principles Moral arguments vs empirical arguments LWOP: how is it being used and problematic dimensions Practice and problems Second topic: Drugs Power and Conflict Paradigm Xenophobia Examples of how drugs are regulated and who they are associated with Connections between how drugs are labeled and treated and how terrorism is labeled How can intersectionality can be used to define power (matrix of race, class, gender) How can intersectionality and conflict theory relate to the theory of decriminalization in the context of drugs (there is a current drug related issue today, that for some odd reason it’s so wide spread and large that its a public health issue rather than criminal justice)
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