Description
Midterm Study Guide
Race and Ethnicity
∙ According to the Criminal justice investigators, there does not appear to be any correlation between DNA and races.
∙ The Categorizations of races has been used to divide the population throughout America in the late 1700s
o Color of the skin was the deciding factor in the creation of the slave system. ∙ Ethnic groups are classified by their genetic inheritances, common language, and distinctive features. Many scholars see the term race and ethnicity as culturally relevant rather than biologically relevant. We also discuss several other topics like What is the politics of revolution?
∙ The European immigrates have adapted and become a part of the “White” Population. Other ethnic/racial groups had difficulty adjusting to the general population.
Race, The Law, and Lawmaking
∙ Crime: An act that violates the criminal law
∙ There is a difference between unlawful and wrong. What is wrong is not always illegal ∙ The laws and things labeled as crimes reflect the beliefs and ideologies of the rich politicians We also discuss several other topics like What is the content of thompson’s thought experiments?
∙ The media labels murder, rape, aggravated assault, etc. as the worst crimes, but white collar crimes and deviances such as product shrinking impact this country just as much but are not criminalized as much as street crime
∙ Corporate crime and elite deviance inflicts far more damage to our society than regular street crime, however street crime is mostly punished
o Corporate crime (white collar crime): Fraud, deceptive advertising, etc. o Elite deviance: Acts committed by the rich and elite that inflict great harm to our society, but because it is typically the powerful and elite who make the laws, they are not defined as crimes
If you want to learn more check out Who are the big names and their big ideas for the history of evolutionary thought?
Deceptive advertising: product shrinkage, misleading ads, not a “serious” crime (Bags of chips, tampons, weight loss products)
Corporate fraud: S&L scandal (high interest rates to minorities), high risk loans, deregulation of banking/loan industry
Housing bubble: financial crisis, average loss of $100k per household, foreclosures; Declines in employment, household wealth, stock and home values, lost mortgages
∙ Those who control the media also makes the laws, so the media focuses on street crimes than the crimes committed behind doors by the powerful
o Major forms of media: news, entertainment, infotainment
o Who owns the media?
Powerful corporations (profit entities)
o Major media corporations (profit entities)
Time Warner
Disney
Viacom (CBS)
∙ Elite deviance and corporate crime results in tremendous losses for our society – loss in billions of dollars, loss of American wealth, unemployment, foreclosures, such as the Housing Bubble We also discuss several other topics like What do most scholars agree about anti-black prejudice?
∙ The American business follows a doctrine known as “caveat emptor”, which means let the buyer beware.
o This doctrine puts the responsibility on the consumer, and takes the blame away from the corporation
∙ Mass incarceration of minorities and the new Jim Crow system in place acts as a caste system in our criminal justice system
o Those branded as felons after incarceration are placed into a permanent second class citizenship through felony disenfranchisement, i.e. being barred from employment, housing, etc.
o These laws act as the new Jim Crow by marginalizing a huge portion of our society, particularly blacks and other minorities
∙ Lawmaking serves the interest of lawmakers and are not representative of the entire population
∙ Politics play a major role in how our laws are formed and the impact it has on our criminal justice system and within our society If you want to learn more check out What is the “criminogenic hypothesis” of crime?
∙ WORMS (white, old, rich, men) are ultimately the lawmakers and they do not represent their citizens
∙ 3 main views:
o Consensus view: The law acts in the interest of society by criminalizing actions that society believes to be harmful, therefore this view serves as a mirror of society’s values
o Conflict view: The law serves the interest of powerful members of society; crimes are not necessarily the most detrimental acts, but are committed by the marginalized (minority, poor), therefore those with power and influence are those who beliefs are reflected through the law
o Pluralist view: The law is a result of competition and that “crimes” are those that are most lobbied for by interest groups, i.e. ALEC. Powerful and elite individuals/ groups are those most likely to have influence over the laws, and of course these laws most always reflect their interest.
∙ The war on drugs: Major contributor to the increase in punitive sentencing policies o The number of Blacks sentenced to prison on drug charges increased by over 90%Don't forget about the age old question of Can elements and compounds be pure substances?
o Crack cocaine became a major concern for the government which led to mandatory minimum penalties
o Mandatory minimum sentence of 5 years for 500 grams of powder cocaine OR 5 grams of crack cocaine
∙ U.S Sentencing Commission findings and recommendations
o Findings:
The current penalties exaggerate the relative harmfulness of crack cocaine and apply most often to lower level offenders
Most powder cocaine offenses and crack cocaine offenses do not involve aggravating conduct, such as weapon involvement, bodily injury, and
distribution to protected persons or in protected locations
o Recommendations:
increase the fiveyear mandatory minimum threshold quantity for crack cocaine offenses
Provide direction for more appropriate sentencing enhancements within the guidelines’ structure that target the most serious drug offenders
Maintain the current mandatory minimum threshold quantities for powder cocaine offenses
Race picture
∙ UCR (Uniform Crime Report)
o Focus on Type 1 offenses: Murder, theft, nonnegligent manslaughter, burglary, robbery, etc.
o Hierarchy rule
o Limitations: race categories limited, don’t account for ethnic differences within race
∙ NIBRS
o Allowed a greater crime statistic to be recorded
o Included human trafficking and white collar crime
o Include information about location of the crime, use of weapon, victim/offender characteristics
∙ Victimization surveys (NCVS)
o Allows crimes that are not reported to the police to be reported by citizens who were victimized
o Source of data: census
o Limitations: people choose not to report for many reasons; time between the data collected and the publication of the statistics
∙ Limitation of arrest and victimization data
o Population stats (census)
Population errors in calculation in estimates
o Reliability issues (Sampling size)
o Race definitions Don’t account for variations within races
o Ethnic differences within groups Don’t account for variations within ethnic groups
o Incomplete reports
o Hierarchy rule
The most serious of multiple crimes is reported to the UCR in a crime report
Changes the nature of the crime
o Selective enforcement of law
o Variations in crime categories > discrepancies
o Lack of reporting crime
o Police discretion in making arrests
∙ Hate crimes
o Other types of offenses excluded from the race and crime statistics include lynching and racial violence hate crime
o Hate Crimes have been difficult to collect data on due to the legitimacy and underreporting that lynching and other forms of hate have had in history
o Group most affected?
Interracial
Blacks, Latinos
Latinos lynched for being “too Mexican”, “too ethnic”, for speaking their native language
o Most known offenders?
White
o Age factors?
Younger offenders
∙ Most Americans are not arrested for serious violent crimes; according to the data, more Americans are arrested for other types of offenses like larceny, drug abuse violations, driving under the influence, and disorderly conduct
∙ Overall, the numbers of arrest trends have declined over the years in all racial categories. ∙ With victimization trends, rapes, robberies, and assaults have declined since 1994
Race Theories
∙ Theory: an explanation
∙ Biological theories
o The linking of biology and crime is rooted in Europe
o Physical appearance, head shape, muscular build
o Phrenology: Different size/shape skulls meant different
personalities/characteristics
o Crime and human nature
Early theorists: “blacks are inhumane and genetically inferior”
Conservative explanations or race and crime
o Intelligence, race, and crime
Development and acceptance of IQ tests
Early theorists suggested that criminals were of low intelligence
Low intelligence= more prone to criminal activity
o White collar crime?
Theorists only looked at street level crime (crime of the streets), not white collar crime (crime of the suites)
o Limitations
Clarity of concepts
Measurement issues
Cultural and class bias
What explains white collar and political crime (high IQ)?
∙ Contemporary biosocial theories
o r/K selection theory
Attempts to explain population growth and decline in plants
genebased evolutionary theory linking crime patters to migration of Africa
Blacks that stayed in Africa are exposed to droughts and harsh living conditions, they also have more children because they have a shorty life expectancy
o Biosocial thesis
linked Africa and the evolutionary basis of racebased patterns of behavior o limitations
what about White aggression across the globe?
Little/no emphasis on sociological factors
Doesn’t explain withinrace class differences
“all” vs. “many” Black communities
∙ Sociological Explanations
o W.E.B DuBois: 1st urban ethnographer
The problem of the color line
Social disorganization: multiple ethnic groups in one place, many families of welfare, low employment rates, high mortality rate
The “Chicago School”
– Applied W.E.B DuBois approach and applied it in Chicago
Shaw and McKay/Park and Burgess
– Centric zone perspective: crime is concentrated in ‘pockets’
– Highly concentrated crime in the hubs of cities and it reduces as you go further out from the city
o Contemporary social disorganization
Residential inequality
Social isolation: people who are of different racial groups get isolated from each other which is where we see concentrated poverty and crime areas
o Collective efficacy
Social cohesion (knowing your neighbors) + willingness to intervene (looking out for each other)
Diminished likelihood of crime/social ills
o Culture conflict theory
Conduct norms: What appropriate behavior is
The powerful control the definitions of conduct norms and crimes Conflict arise between various cultural codes
o Strain/anomie theory
Merton, Durkheim
Agnew’s general strain theory
State for normlessness or lack of social regulation society
– Culturally defined goal and acceptable means of achieving it o Subcultural theory
Subcultures among white middleclass youth
Those who do not fit into the traditional white middleclass The code of the streets
– Gang violence
– Street vs. decent families
Criticisms?
– Mindset theory and very hard to infiltrate
o Conflict theory
“critical” criminology
Focus on struggles between individuals and/or groups in terms of power differentials
o The colonial model
Colonialism: Assimilating a group or cultural that already exists Colonized groups: Native Americans, African Americans, Mexican Americans
Limitations:
– Does not consider class, just racial groups (race based theory)
Race and the law enforcement/policing
∙ There are numerous federal, local, and state agencies, which vary in size and are bureaucratic and quasimilitary in structure
∙ There are Native American (tribal) police agencies, special police agencies with limited jurisdiction (transit police), and private police
∙ Diversity in law enforcement agencies has improved in the past 50 years ∙ Minority representation in smaller police departments as well as state and federal agencies is still relatively low
∙ Historical overview of race and policing
o Similar to the British system, colonist initially made policing the responsibility of the citizens
o Later utilized a sheriff, constable, and watch system
o The first African American police were “free men of color”
o Three eras in the history of policing:
Political (1840s to early 1900s)
Reform (1930 to 1960s)
Community problemsolving (1970s to present)
o The 2 important reform efforts:
The first, during the late 1800s, attempted to reduce political control of police
The next during the early 20th century and focused on developing more professional police forces
∙ Native Americans
o Native American laws are difficult to make sense of due to the many changes in treaties and judicial decisions over the years
o The act of March 3, 1817: extended federal law to prevent “white desperados” from escaping federal and state law
o In 1887, the General Allotment or Dawes Act permitted tribal lands to be allotted to individual Indians, making them landowners and farmers
o The Dawes Act was extended to the Five Civilized tribes in Indian territory by the Curtis Act of 1989
Cherokees, Choctaws, Creeks, Chickasaws, Seminoles
o In the 1990s, more than 56 million acres of land were owned and policed by tribal nations in the U.S.
∙ African Americans
o Before the civil war, slaves were unprotected from crimes by slave owners, including murder, rape, assault, and battery
o Patterollers (slave patrols): the first distinctively American police system qhich existed in every southern colony
o The first Black police officers in the U.S. speared during reconstruction
o Early race riots in the 19th and early 20th centuries were clashes between Blacks and White citizens, in which the police were accused of indifference, brutality, and leaving the scene
∙ Asian Americans
o Many chinses immigrated to America as laborers or in search of gold o Chinese were also known to serve as cooks, laundrymen, and servants o Early laborers were indentured servants who financed their passage by agreeing to work for merchantcreditors
o After the antiopium smoking legislation, imports decreased and coincided with a decrease in the size of the Chinese population that was also related to more restrictive immigration polices
∙ Latinos
o Many early Latinos migrant workers were illegal immigrants so they were not protected by the American legal system
o By the 1940s, policeChicano relations in Los Angeles had deteriorated (“Zoot Suit Riots”)
o 2010 department of homeland security apprehended 517,00 foreign nationals of whom more than 80% were native of Mexico
o Issues that increase contact between Latinos and law enforcement today: Illegal immigration, Human smuggling, Drug smuggling
∙ White immigrants
o By the late 1900s, immigration was seen by progressive era reformers as a threat to:
Democracy, Social order, American identity
o Ethnic ghettos fostered: Poverty, Illiteracy, Unemployment, Underemployment o White ethnics had an easier time assimilating because
o White immigrants could secure jobs as police officers
o White immigrants were often assisted by the police in their transition to America ∙ Contemporary issues in race and profiling
o Server contemporary issues in race and policing:
Police deviance: police officer activities that are inconsistent with the officer’s official authority, organizational authority, values, and standards of ethical conduct”
Police use of deadly force
– In 2008, an estimated 776,000 people about 1.9% of the 40
million U.S. residents who had contact with police that year
reported use of force
– Through the number of incidents is decreasing overall, Blacks and younger persons were still more likely to have had an encounter
with police that resulted in use of force
Police bias
– Contributing factor to the overrepresentation of minorities in
policecitizen encounters
– Implicit bias (hidden bias) has received considerable attention in an effort to understand what role it plays in criminal justice and how it can be both prevented and controlled
Racial profiling
– any action that results in the heightened racial scrutiny of minorities justified or nit”
– During the 1990s, “driving while Black” was the most visible form of racial profiling
Immigration and policing
– Traffic stops and consent searches used as a pretext for curtailing illegal immigration, especially among Hispanics
– 9/11 has had a major impact of Mexicans and other Latinos in immigration enforcement actions
– Increased antiimmigration sentiments have resulted in selective immigration enforcement
Militarization of the police
– Since the 1990s, military equipment has been available to federal and state agencies through the department of defense’s 1033 program
– Special weapons and tactics (SWAT) teams and paramilitary police units (PPU) are at the center of militarized policing
Community policing (COP)
– proactive approach that provides opportunities for citizens and police to work together to solve problems of crime and disorder – COP initiatives in some minority and immigrant communities have improved relationships between police and citizens