Study Guide for the Final
Study Guide for the Final 1300-03
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This 16 page Study Guide was uploaded by Melissa Kaufman on Wednesday April 27, 2016. The Study Guide belongs to 1300-03 at Tulane University taught by John Hall in Winter 2016. Since its upload, it has received 43 views. For similar materials see Criminology in Sociology at Tulane University.
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Date Created: 04/27/16
Criminology Final Study Guide Chapter 14: Textbook Notes Political Crime Political crime book definition: any illegal or socially harmful act aimed at preserving or changing the existing political and social order -Performed for ideological reasons -Two categories: crime by government and crime against government BY gov: also called state crime or state criminality -Aim to maintain existing order and includes “1. Political repression and human rights violations; 2. Unethical or illegal experimentation; 3. The aiding and abetting of corporate crime” (p.288) -There is also political corruption which violates public trust by strengthening wealth/power/influence of political officials AGAINST gov: aims to CHANGE the existing order -Includes: “1. Terrorism, assassination, etc. 2. Nonviolent civil disobedience and 3. Espionage and treason” Genocide: ultimate act of repression, deliberate killing of a group because of race, religion, ethnicity or nationality -it is a crime against humanity (worst crime) -Holocausts, Armenians, Sudan (2004) -typically connected to totalitarian govs (but democracies also commit it sometimes) State Terrorism: government ruling through terror -Soviet Union and Stalin example -Human rights violations -Police brutality during Civil Rights movement -Federal support for the murder of national political leaders in other nations -Extraordinary Rendition: CIA kidnapped potential terrorists and tortured them (reportedly) COINTELPRO: FBI spying on people/monitoring them to see what they believed in, what they were up to etc. Legal Repression: arresting without actual reason, the arrest is made on suspicion but the reasoning is faulty but they make up reasons to try to see legitimate Unethical Experimentation -Holocaust experiments -Tuskegee College syphilis experiment -Usually doesn’t happen to white or wealthy people -Radiation exposure without knowledge -Prisoners, mentally ill were main subjects State-Corporate Crime: intersection of corporate crime and crime by government (gov and corporations work together to commit illegal/harmful activities) -Challenger Space Shuttle (not actually perfected but pressure from president to launch it? Ignoring the claims the the o-ring was potentially dangerous) Political Corruption: done for personal wealth gains or political influence Personal $ gain -bribes and kickbacks for business favors they give -Teapot Dome Scandal under Warren Harding -secretary of interior Albert Fall took bribes of more than 400,000 for giving gov owned oil fields to private companies Power & Influence -Watergate and Iran-Contra scandals -NixonWatergate -ReaganIran-Contra Crimes AGAINST Government -Called “convictional criminals” -Right or left side of spectrum -Can be violent or nonviolent -Usually in organized groups, but can act alone -Not always good (9/11 and terrorism in general) -The context is important when deciding what is positive/negative -Motivation is very rational: they want reforms or power to be given up Terrorism book definition: “The use of unexpected violence to intimidate or coerce people in the pursuit of political or social objectives” State Terrorism: using police and government agents to repress citizenry with violent tactics Vigilante Terrorism: initiated by private groups against another private group in order to maintain the status quo -hate crime Insurgent Terrorism: trying to cause political change -bombings, shootings, kidnappings, hijacking, targeting public figures and the public, buildings, buses etc. (list from textbook) Transnational Terrorism: done by people from one nation to people/property of a different nation -9/11 -Bombings in Israel Political Assassination: “murder of public figures for political reasons” -only considered if the murder is politically motivated Civil Disobedience: “violation of law for reasons of conscience and is usually nonviolent and public” -ok with being arrested -Civil Rights, Thoreau, King Oedipus, in the Bible, etc. Espionage: spying Treason: “aiding and abetting of a country’s enemy by providing enemy military secrets or other important info that puts the country at risk” -Benedict Arnold Social-psychological explanations focus on emotions that cause people to protest Structural explanations focus on factors like preexisting friendship and organizational ties (more likely to join if they have some associated friends doing it) -or the political opportunity theory: “movements are likely to appear when changes in the national gov promise it will prove receptive or vulnerable to movement changes” Demographics: BY GOV: almost always by white men of middle or upper class status -the targets are those people lacking power (depends on race, ethnicities, and religion) AGAINST: committed by members of various social movements -dependent on the particular movement To reduce Political Crime there needs to be a decrease in the gaps between the powerful and the powerless Chapter 15 Class Notes Consenual Crimes: involve people who participate in these behaviors willingly (illegal drug use and gambling?) -These behaviors do more harm than good -These laws increase police and other official corruption, lead consensual offenders to commit other types of crime that they would not commit if their behaviors were legal, generate public disrespect for the law, divert time and money from fighting more serious crime to futile efforts to stop what so many people want to do, prompt law enforcement agencies to engage in wiretapping and other violations of liberties, and provide much of the revenue for organized crime – directly from the textbook Main Areas: Drugs, Prostitution, and Porn Drugs 1) drug abuse and 2) addiction --(know the separation between the two from the book) Abuse: abnormal use (not a consistent understanding of this) -negative repercussions -illegal use does not = abuse (smoking a joint once at a party) Addiction: -originally introduced because it was associated with alcohol -the term really meant psychological dependence and development of tolerance (need more of it to feel same effect) -not necessarily a problematic type of thing (R&R), however, when you get into psychological dependence then you really get into a different term Tolerance: no measure of it (no test) -only one way to test it: if they have withdrawal symptoms Withdrawal: differs for different drugs -sometimes medical intervention is necessary Clinical Analysis: use the term dependence -talk about psychological dependence and physiological repercussions Habit: something about your behavior that offers a predictability to your life Politics: good habits and bad habits (line between the 2 depends on your politics) Bad: addict Good: not an addict, you just have problems -When you disturb a pattern you get a psychological effect -That doesn’t indicate medical attention needed, more to do with attitudes Drug Schedules 1. worst drugs in terms of abuse potential also few legal uses …. 5. not as bad where does marijuana stand?? SCHEDULE 1 All drugs have good sides and bad sides, functions that people use them for and dysfunctions that they cause 4/15/16 Function of the War on Drugs (why is it still going on?) -Deterrence: laws deter some usage of the drugs, prevents you from getting involved or experiencing the down side of drugs Support war on drugs -The US is a nation of druggies Turn to drugs for everything Ideology (“ism’s”): belief that function to justify groups outlooks/behaviors Racism: assumption that one race is superior to others Ethnocentrism: assumption one culture is superior to others (associate drug use with a certain culture; intercity, counterculture, impose rules/laws on these people disproportionately) -Using ideology to implement a policy (majority of the population probably doesn’t like this) Connection between War and Drugs and Crime: ELEVATES crime only (Hall’s view) -Laws create the crime direct v. indirect crime -direct: drug offenses (manufacturing, distribution, or possession) -indirect: criminality involving victims, risks involved with the usage of drugs Crime under the influence: alcohol and sometimes with amphetamine products -but drugs wear off quickly, have to keep taking them if you actually want to be under the influence during the entire duration of the crime Chapter 15 part 2 class notes 4/15/16 Function of the War on Drugs (why is it still going on?) -Deterrence: laws deter some usage of the drugs, prevents you from getting involved or experiencing the down side of drugs Support war on drugs -The US is a nation of druggies Turn to drugs for everything Ideology (“ism’s”): belief that function to justify groups outlooks/behaviors Racism: assumption that one race is superior to others Ethnocentrism: assumption one culture is superior to others (associate drug use with a certain culture; intercity, counterculture, impose rules/laws on these people disproportionately) -Using ideology to implement a policy (majority of the population probably doesn’t like this) Connection between War and Drugs and Crime: ELEVATES crime only (Hall’s view) -Laws create the crime direct v. indirect crime -direct: drug offenses (manufacturing, distribution, or possession) -indirect: criminality involving victims, risks involved with the usage of drugs Crime under the influence: alcohol and sometimes with amphetamine products -but drugs wear off quickly, have to keep taking them if you actually want to be under the influence during the entire duration of the crime 4/20/19 Prostitution: sex in exchange for money/other resources -mostly women Sex Tourism: buying sex in other countries where it IS LEGAL Pornography: see Miller v. California Tenets: 3 part definition of what pornography was (VERY AMBIGUOUS) 1. the average person finds it offensive 2. it depicts sexual activity in a patently offensive way 3. it lacks serious artistic or political or scientific value -erotic stuff -when do you move from being reasonably erotic versus deviant or problematic displays of sexuality -where do you draw the line?? -with crime: the first amendment (backs up pornographers), freedom of expression -issues with freedom of expression -child pornography is banned -NY state said it’s illegal to put porn online, but the person watching isn’t doing anything illegal Chapter 15 textbook notes Consensual Crime Major consensual crimes: drug use, prostitution and pornography, and gambling major themes: consensual crime laws are arbitrary and inconsistent; laws against these crimes may cause more harm than good Consensual crime: also known as vice crimes, public order crimes, or victimless crimes -people do these things willingly More harm than good: 1. Increase police brutality/corruption, 2. Lead offenders to commit other crimes, 3. Create public disrespect for the law, 4. Divert efforts of fighting more serious crimes, 5. Prompt wiretapping and other violations of civil liberties, and 6. Provide revenue for organized crime Illegal Drug Use: most publicized consensual crimes in US Psychoactive drug: any substance that physiologically alters behavior by changing mood, emotion, perception and other mental states -“good drugs”: use is socially acceptable in our culture -“bad drugs”: use is not socially acceptable and they are illegal and we view these people in a negative light (much differently than we view those who use “good drugs”) -Alcohol, marijuana and tobacco most commonly used for 18-25 yr old population -Low percentages of illegal drug use translate into high numbers of actual people -Attribute drug use to economic decline, especially in urban areas -Drugs provide temporary relief, distract from people’s problems -Higher in areas of chronic joblessness and poverty=unstable families -Women engage in LESS illegal drug use than men -Both genders use these drugs for the similar reasons (economic instability, poverty, family issues, etc.) -Women more likely to use for depression, sexual abuse -Men more likely to use for excitement -Women more likely to use due to lack of money from lack of jobs -Women using during pregnancy viewed very poorly (term “crack babies”) What is the drug-crime connection? -Strong correlation between drug use and crimes -People using commit more crimes than people who don’t use drugs -Yet, most drug use is recreational and also committing crimes leads to drug use -Likely from economic issues and poor parenting the results are criminality and drug usage -Found that delinquency usually comes before drug usage -Interacting with other drug users causes more interaction with a criminal community (learn from them about crimes) -Most violence/crime is just a result of the fact that the drugs are illegal not from the drugs physiological effects Legalization Debate Philosophical side: in a democratic society people should be able to do whatever they want (even if it is self-destructive) and it is hypocritical for a society to determine which behaviors are allowed and what are not allowed Social-Scientific side: consensual crimes cause more harm than good Philosophical: decisions are more related to various political and social factors more than the harm from the drugs -Alcohol and tobacco kill more people a year than illegal drugs -Illegal drug deaths usually come from the drug being laced with other things Social Science: prohibition example, causing more violence and organized crime -Increases corruption due to bribes -Drug laws create the crime/problems they aim to prevent -Drugs would not be adulterated if they were legal -Expenses would be lower causing less robbery -Spend $50 billion annually on drug laws -Huge number of drug arrests -These laws cause organized crime -They could be taxed (adding to federal and state revenue) -Drug laws are more strictly enforced on minorities -Arresting for drug use usually involves wiretapping and other freedom- breaching measures -So easy to already get, legalizing wouldn’t necessarily increase numbers of users Harm Reduction: drug use is treated as a public health problem not as a crime, users don’t get treated as criminals instead they are seen as people who need help (saves money too) Drug Courts: sentence people to treatment and counseling as opposed to jails -Most prostitutes are women -Male prostitutes usually serve males -approx. 70,000 full time female prostitutes in the US -“immoral” -normal for men to take part but looking down upon for the female -women turn to prostitution for money (usually to provide for their drug habits) Sex trafficking: forcing women into prostitution or sexual slavery Pornography—how do you define what it is and isn’t? -censorship issues -those who favor it being banned say it is protecting society -degrading for women as they are portrayed as sexual objects violent porn: depicts sexual violence against women erotica: depicts respectful nudity and consensual loving sex between adults (book definition) -pornography linked to aggression and rape Gambling -85% of Americans say they’ve gambled at least once in their lives -gambling is becoming MORE legal -US is more tolerant of it -cities use casinos and such for needed revenue -Native Americans start them on their reservations -Religious groups are against gambling -exploit the poor and make their financial situation worse Criminology chapter 17 textbook notes: Prosecution and Punishment Main issues: the extent that social inequality affects the exercise of legal discretion and the extent to which reliance on the criminal justice system can reduce crime Criminal Courts and the Adversary System Adversary system is a myth: hard to afford good attorneys so the defendant ends up having to plead guilty Poor Defendants Their lawyers don’t care about them Lawyers just want money Pretend they are doing a lot but they aren’t really doing anything (confidence game) Double agents—working with prosecutors to get guilty pleas rather than defending their client Plea bargaining Prosecutors, Courtroom Work Group and Plea Bargaining A lot work burdens all people involved in the court process Everyone wants to resolve the cause as quickly as possible: best way is through a guilty plea Prosecutors don’t take a case unless they are confident that the jury would find the defendant guilty: this leads to a lot of dropped felony arrests b/c of weak evidence, lack of cooperation from victims and witnesses How to decide which cases to drop or plea bargain: 1. serious offense 2. injured victim 3. eyewitnesses, recovered weapons, stolen property 4. defendants use of a weapon 5. defendant has serious prior records 6. a “stand-up” victim that jury would feel is undeserving of victimization fear that plea bargaining lets serious offenders off too easily Punishment, Social Structure and Inequality small traditional societies have a collective conscience: strong shared norms and values these societies engage in repressive law when deviance occurs this is noted with harsh physical punishment in large societies, this is weaker, dealt with by restitutive law this is noted with an interest in restoring relationships to their previous state restitution=punishment inequality is a key part in the severity of punishment ruling class is able to keep power by controlling the minorities Economic Conditions and Punishment not a clear relationship between unemployment and high incarceration rates Postbellum period and African Americans: more blacks were incarceration because there was a fear of them gaining power after being freed from slavery Social Class and Legal Outcomes Poor and less poor’s sentencing doesn’t vary greatly But there is very little income variation between these groups in studies Wealthy are much more able to contest evidence because they can pay for better lawyers Clearest class differences is seen when comparing poor people accused of street crime to rich people accused of white collar crime More likely to receive a prison term if person comes from a poorer neighborhood But being from poorer neighborhoods was not related to the time in jail sentenced Impact of Race and Ethnicity Charges are most severe when African Americans are victimizing whites More serious charges against blacks for the same crimes that whites commit Blacks and Latinos are more likely to be in prison than whites Minorities have longer prison terms and more likely to be incarcerated Harsher sentencing for less serious crimes Liberation hypothesis: “the most serious cases there is little room for prosecutorial or judicial discretion to affect the sentence because a severe sentence is clearly in order. In less serious cases, more discretion is possible and thus greater opportunity exists for racial bias. Less serious cases thus liberate judges to use their discretion and also base sentencing decisions on racial prejudice.” (358) In areas with a higher population of blacks there are higher imprisonment rates too Race and ethnicity are more closely tied to the decision to incarcerate rather than the sentencing length The Drug War Revisited Racial and ethnic discrimination are consistent for 2 types of sentencing: 1. Death penalty and 2. The war on drugs (targets African Americans and Latinos) Crack v. powdered cocaine Since blacks used crack more often there was a harsher punishment for crack than powder cocaine and so more blacks were in jail for longer periods of time Today, blacks make up almost 45% of all state prisoners in jail for drug offenses 1/3 of young black males (ages 20-29) are under correctional supervision either in jail, prison, probation or parole Gender and Sentencing men make up 93% of all prison inmates in the US men are more likely to commit serious crimes so there are obviously more men in prison in the juvenile system girls are treated more harshly than boys for status offenses but boys are treated more harshly for more serious offenses for adults, women are 10-25 % LESS likely than men with similar offenses to be incarcerated gender does not relate to the length of sentencing judge’s and prosecutors beliefs that women are less of a threat to society fear that women’s families would suffer too much Impact of Punishment on Crime get tough approach longer prison terms mandatory minimum prison terms three strikes policy (at your 3 felony you get really long sentences) death penalty get touch is more prominent in the Western world due to this approach, there are massive amounts of people in jail overcrowded jails = need for more jails = spending a lot of money deterrence argument: harsher punishment reduces crime incapacitation argument: society is protected when dangerous criminals are behind bars but, harsher punishment does NOT reduce crime and it is definitely not economically Evidence against a Deterrent Effect decreases in crime rates not necessarily mean there will be a huge decrease in incarceration at the state level, there is not a strong or consistent relationship between the severity of punishments and crime rates system capacity argument: it is just as likely that states with lower crime rates and less crowded prisons can afford to keep their prisoners in jail for a longer time decreases in crime rates do not occur after the establishment of harsher penalties for certain crimes the large increase in prisoners has forced early releases of the previously locked up offenders already in jail Evidence against an Incapacitation Effect keep society safer by locking people up this argument assumes that we do not have enough people already in prison it is hard to sometimes identify the dangerous offenders who need to be imprisoned ignores the fact that extra people put into prison only account for a small number of offenders and they will end up being replaced on the streets with other offenders the money spent on prisons and prison space is wasted gross incapacitation: incarcerating large numbers of offenders would not reduce the crime rate to any significant amount could make crime problem WORSE: new offenders arrested likely to be minor offenders and their experience with the criminal justice system and gaining a criminal record would likely increase the chances of them committing more crimes and more serious crimes; also it is damaging to urban communities (taking away young men) this increases social disorganization The Death Penalty Debate 3 proponent arguments 1. people convicted of horrible murders deserve to be put to death 2. the death penalty saves money that would be used on years of imprisonment in they were to serve a life sentence 3. the death penalty sends a strong message to potential murders and has a deterrent effect on homicide opponents: death for death raises philosophical and religious issues -why kill people to show people that killing people is not ok? -counter-intuitive? -hypocritical? Cost of Death Penalty death penalty is more expensive than keeping someone in jail for their entire life General Deterrence and the DP studies find that it does not deter future murders states with the DP do NOT have lower murder rates than states without it murder rates don’t decrease after a DP case brutalization effect: executions desensitize the public to the immorality of killing so in turn it actually INCREASES the likelihood that someone would choose to murder another individual Arbitrariness and Racial Discrimination in the Application of the DP imposing the DP in some cases but not others (inconsistency, randomness) th Furman v. Georgia case ^ (DP violated the 8 amend. –cruel and unusual punishment) Bifurcated juries: first decide on whether or not the defendant was guilty, then decide on whether or not to impose the DP Aggravating: murder committed during another felony Mitigating: defendant had no prior criminal history Similar crimes are being punished differently around the US Sentencing and punishments seem random Lives of white victims are more valued than blacks Death sentences are more likely when the victim is white, wealthy and a “respectable” member of society Quality of Legal Representation of Capital Defendants Most defendants are poor and get bad legal representation Rely on assigned counseling Public attorneys are less experienced and less likely to positively handle a death penalty case Especially true in the south Wrongful Executions People are found to be innocent that were going to receive the death penalty Mistakes are made in cases Once executed you can’t be released from jail… Chapter 17 class notes Ideologies Deterrence: imposing a penalty that will scare people away from getting involved in criminal behavior Incapacitation view: if you have victimizing criminals, you know they are an offender so as long as they are behind bars protects people from these criminals Both have appeal but also have a lot of issues and problems There is no direct scientific way to study whether or not harsher threats can actually keep people away from crime (the studies vary and are more indirect) Death penalty issues and why it is challenged 1. the cost of it: higher than keeping them behind bars because until 2009 there was an unlimited amount of appeals that could be filed by the person being sentenced to death, to delay process as long as they had the money to do that but since 09 if you have filed an appeal you can’t file any more appeals unless NEW EVIDENCE has surfaced in the case 2. no correlation between murder rates in a state and the death penalty 3. what is considered to be excessive punishment? Is the death penalty too excessive? 4. Banned by supreme court for 4 years because criticism of the states that had the death penalty and how they were imposing them, it was an arbitrary nature, there was no pattern of this being imposed -not clear why people did/didn’t get the death penalty 5. 2008: unless it is a capital one murder you cannot get the death penalty, and you cannot be a minor R&L chapter 4: Connection between ideology (statements or beliefs that people use to justify their outlooks or behaviors) and the way the system is working right now 2 ideologies in criminal justice system 1. connection between social class and crime: people tend to think about street crime instead of white collar crime -criminals are at the bottom of the socioeconomic status index (poor people) -people going to/have been to prison are poor --criminals are correlated with poor people 2. do things to follow the norms, but in deviant behavior we change our tune, we look at internal forces instead of external influences to try to explain why the criminal is doing what they do (individual blame approach) Chapter 5: recommendations for the criminal justice system -get tough is one approach -need to think further…what happens when they get out of jail? -rehab approach: provide them with skills and training while in jail -passing laws to protect them against employment discrimination -use punishment structure to promote social responsibility
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