Final Exam Revision
Final Exam Revision 372
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This 9 page Study Guide was uploaded by Valerie Ho on Monday June 15, 2015. The Study Guide belongs to 372 at University of Washington taught by Jonathan Wender in Spring 2015. Since its upload, it has received 206 views. For similar materials see Introduction to Criminal Justice in Sociology at University of Washington.
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Date Created: 06/15/15
Sp nng Wender SOC372 Intro to Criminal Justice Course Reading Notes and Exam 2 Revision Part III From Arrest to Prosecution and Punishment Concept of Profiling Informal Unconscious filtering an categorizing people on a daily basis Involves personal opinions and ideas on how we think about the people around us Formal Institutionalized profiling through race and ethnicity Using some form of standards Policing Reactive Passive Action made after a crime has been committed Waits for a crime to happen before acting InteractiveProactive Active Actively interacting With the community for crime prevention Rely on practices like profiling to detect and act upon any suspect before crime happens Reasonable suspicion VS Probable cause Usually happens before a crime is committed When one has enough theory to think that a person may engage in criminal activity Happens after a crime is committed When there is enough evidence for one to belief and point to a particular person as the cause of the crime committed Terry v Ohio A Terry stop Temporarily detaining people on the basis of reasonable suspicion Without concrete evidence does not violate our rights Illinois v Wardlow A Brightline rule Court ruled that as a part of the totality of the circumstances depending on the situation ight at the sight of a police office may not be the basis for reasonable suspicion justifying a terry stop Which has no bright line rule A But challenges Whether eeing at the sight of the police serves as a standard for reasonable suspicion A Argument made it actually depends on the situation Broken windows theory By preventing small crimes such as vandalism and public drinking more serious crimes Will be prevented from happening due to the establishment of a ordered and lawfulness atmosphere 0 Spread of criminal behavior may lead to urban degeneration 0 However it is proven not to work in the real world Policing as Dirty Work and the problem of Trust Objectives 0 Policing Dirty work Police officers dealing with the moral ambiguity of their work 0 Improving trust between communities and the police Penny Dick Dirty Work Designations How Police O icers Account for Their Use of Coercive Force Definition of dirty work Everett Hughes Occupational activities that are physically disgusting symbolizes degradation compromise worker s dignity and run contrary to our moral ideals Dirty work stigma 1 Moral ambiguity to use coercive force to use or not to use threats 2 Dealing with marginalized groups liminal states boundaries as a threshold 3 qualities of policing by Egon Bittner sociologist of police work A Dirty moral ambiguity of coercive force AND working in liminal spaces A Peremptory use of authority imposes nonnegotiable zerosum decisions A Divisive alienating reinforced existing social boundaries Social identity theory Our identity is created based on social interactions and which social group we are in Thus selfidentities are social constructs instead of inherent Strategies used for identity protection Reframing Transforming the meaning of the occupation Recalibrating Recategorizing interpretations Refocusing Shifting attention to the nonstigmatized aspects of the job Front stage VS Back stage Audience General public vs ingroup private Attitude Positive ideology used to maintain professional identities vs sharing secrets 3Rs used in front stage from above Tom Tyler Enhancing Police Legitimacy How can we make policing seem more legitimate Through I The instrumental model A Assumes people s actions are based on rational calculations ie Crime happens when one perceives its benefits gt costs Thus deterrence is assumed to be an effective mean for reducing crime A However beneficial factors are not the only reason to why people commit crime other reasons include things like emotional aspects 2 Legitimate model A Compliance will increase when people perceive policing as legitimate less likely to break rules and laws of the society A To do this the criteria of procedural justice might be achieved Legitimacy The quality of being lawful authentic trustworthy and genuine Procedural Justice 1 Participation Allowing people to voice their opinion inclusion II Neutrality Maintaining an objective view in decision making processes III Treated with dignity and respect Acknowledging people s rights and values IV Trustworthiness of motives Considering the needs and concerns of others Plea Bargaining and amp Juries Objectives 0 Role of plea bargaining 0 RB illustrating the difference between ideological ad critical narratives of the law 0 RB being a necessary compromise or a fundamental subversion of due process 0 Strengths and weaknesses of the jury trial process Bruce P Smith Plea Bargaining and the Eclipse of the Jury 4 reasons for Plea Bargaining emergence and expansion 1 Caseload pressure increasing cases 2 Growing complexity of criminal trials due to the development of forensic science increasing no of lawyer thus leading to more effort required in courts and by judges Institutional changes in prosecution and policing improving clarity of trials 4 Social and political pressures made to courts through exogenous factors 9 ie changes within the larger society transformation from individual to aggregate justice Alternative to plea bargaining jury trials 0 Summary proceedings Simple cases facts and evidence are acknowledged one judge ruling the case and makes the decision in a single meeting no jury 0 Bench Trials Can be more complex but still one judge deciding no jury 0 Special Courts e g drug courts traffic courts etc Blackledge v Allison 1977 Majority decided that PB is constitutional and a necessary part of the criminal justice system Bordenkircher v Hayes If a defendant rejected a plea offer then the prosecutor can file more serious charges thus increasing the penaltypunishment Used as a coercive mechanism for pushing people into accepting a plea offer Dissent Supreme court with 9 juries when the votes are 5V4 the minority can write a dissent expressing their own opinion and choice yet these writings will not be laws Shari Diamond and Mary Rose Real Juries Jury Composition Process Precourt Venire and V0ir dire Venire Creating a jury list ie a pool of people that can potentially serve as juries from driver license registrations etc V0ir dire Formal process after having a list of potential juries then interview them The aim of the process is to excuse people who may have con icting interests and Jury nullification Happens when the jury decided that someone is guilty but still exempt them based on moral grounds e g an old women stealing a loaf of bread because she didn t have money Hung jury Describes when the jury is unable to reach an unanimous decision Wrongful conviction amp AttorneyClient Con dentiality Objectives 0 Wrongful Convictions and their occurrence Solutions 0 Identifying and remedying wrongful conviction 0 AttomeyClient confidentiality and its limits 0 Wrongful incarceration as an exception to this privilege Steve Krieger James Moliterno Why Our Justice System Convicts Innocent Rectifying Wrongful Convictions May a Lawyer People and the Challenges Faced by Innocence Reveal Her Client s Con dences to Rectify the Projects Trying to Exonerate Them Wrongful Conviction of Another Exonoration VS Acquittal 2 components of confidentiality Both proof innocence Evidentiary privilege But Acquittal happens Mg the trial stage Legal status between attorney and client While Exonoration happens m the trial Ethical privilege A comes before E During vs After Attorney is not only legally protecting their client but also ethically obligated to provide the ethical means Criminal Conviction as Internal Exile Objectives 0 Defining criminal disenfranchisement 0 Balancing between retribution and reintegration Christopher Uggen Angela Behrens Jeff Manza Criminal Disenfranchisement Collateral consequences Restricting exfelonies ability to rent houses get certain jobs and other activities that is not part of their original sanctionspunishments Intended written as a law Economical professional political geographical etc Social status restriction intended Unintended Discrimination in terms of contexts like social cultural personal etc Felon disenfranchisement When one is excluded from political voting due to felony convictions goes under intended collateral consequences applies during and sometimes after incarceration parole and probation A It serves none of the 4 goals of punishment Deterrence Incapacitation Retribution Rehabilitation Internal exile a type of felon disenfranchisement When you are closed off or isolated from the society excluded from civil life to a very large extent not fully enjoying civil liberty even you are physically in the society Social contract approach an ideological narrative Since committing crimes means there is a violation of social contract criminals should thus lose their rights to vote for officials who will make the law Thus violation of social code Loss of civil rights Group con ict approach a critical narrative When certain powerful groups use the law or certain strategies e g felon disenfranchisement to maintain their dominant position within the society Cases Richardson v Raminez 1979 gt Intent vs disparate impact Hunter v Underwood 1985 Challenging the logic of Mass Incarceration Objectives 0 Economic crisis as an opportunity for reducing rates of incarceration 0 Is sentencing or other legal decisions considered economic costs Corrections Corporation of America 0 CCA is a publicly traded corporation privatizing incarceration 0 CCA is the 5th largest corrections system in the US with over 80000 inmates in 67 facilities Only the US government and 3 states house more inmates 0 Plainly stated their objective is to earn a profit from running prisons 0 CCA claims they are more efficient than government prisons 0 Critics argue that private prisons are unjust and often compromise both inmate and employee welfare in the interest of profit Neoliberalism The socioeconomic and political school grounded in a belief in free markets smaller government deregulation privatization and individual over community interests maximize efficiency of markets 0 In an era of neoliberalism society serves the economy rater than the other way around everything becomes a product to the market e g reasons for being at UW Prisonindustrial complex The intersecting economic political and cultural dynamics that have led to the rapid expansion of privatized prisons and punishment as a business consumer good rather than as a state function A Prisons thereby become a profitable business for private sector and state actors further incentivizing mass incarceration e g CCA A Excess consumption of such goods will lead to economic bubbles which will ultimately pop and break like excess consumption of food housing etc Securitization The distorting of reasonable social concerns about safety by an irrational obsession with security and fear 0 Safe schools food communities campuses etc all of these re ects obsessions with security among people with little to true fears 0 With the rise of mass incarceration the logic of securitization leads to the exclusion of dangerous people and the end of reform and rehabilitation Peace dividend Divesting deprive prisons and invest in education and reintegration so that disadvantaged groups are not forced into committing crimes but are also included safer society Part IV Imaging otherwise Paths to Reform Prospects for Reform Part I 0 Methods and Practices the US criminal justice system can learn and adapt from other cultures Amedeo Cottino Crime Prevention and Control Western Beliefs vs Traditional Legal Practices 2 view of punishment 1 Retribution an eye for an eye argument BUT there is almost no equivalence between a crime committed and the associated punishment consequences are almost never balanced AND the definition of crime are just social and cultural constructs that can change overtime e g homosexuality used to be a crime 2 Utilitarian view The idea that careful calculations of punishmentssanctions will discourage crime conviction since the cost of the crime will outweigh its benefits Chambliss s model of crime Perpetrator s behavior and commitment to criminal action Behavior Instrumental vs Expressive 0 Instrumental weighing costbenefits of a crime 0 Expressive An end in itself I would not commit a crime because I don t want to Commitment High vs Low A Deterrence will be highest for people who have instrumental behaviors and a low level of commitment to criminal action they are discouraged to commit a crime due to the awareness of the consequences while lowest in people who behave expressively and has high commitment in criminal actlon Navajo Hawaiian and other traditional approaches to punishment are enabled by strong social bonds that don t exist in anonymous Western society Prospects for Reform Part II Objectives 0 Relationship between punishment and deterrence 0 Kinds of punishment that offer effective and justifiable means of crime prevention 0 Punishment reducing recidivism 0 Reintegrating peple back into society after their punishment Shadd Maruna Reentry as a Rite of Passage Ritual A mechanism of mutual focused emotion and attention producing a momentarily shared reality which thereby generates solidarity and symbols of group membership Collins 2004 Durkhiem Rituals I leads to social solidarity gt generating beliefs about standard of morality Rituals can be instrumental or symbolic 0 Instrumental rituals has a particular purpose to the actions e g Turning the keys while locking a door 0 Symbolic rituals social constructs and expectations e g Shaking hands when meeting someone new Rituals are conducted when one is transitioning from one state to another A Includes separating a guilty person from others because of the fear for liminal states A Other examples wedding graduation Ignoring ritual comes at a high price alienation loss of community etc People feel let down e g if there is not graduation ceremony and the certificates are just left on the table for people to grab students wouldn t feel valued or that they have accomplished something from all the hard work Re entry as rite of passage 0 Since rituals in uence its participants AND its audience rituals for reintegration would also affect the returning prisoner AND the wider community Thus the community has to also play a role in the reintegration rituals ideally formed by family members and close friends 0 Former outcasts should be welcomed with excitement and enthusiasm to communicate a message of hope 0 Then rituals need to be repeated periodically to sustain and support initial experienced building even stronger social solidarity
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