Monday | November 5th 2018 | Social Control3
❏ Social structure: patterns of interactions
❏ How do we have social control?
❏ Because we have selfconcept, we have a different culture
❏ No social control unless we have selfconcept, its how culture gets imported into you & I ❏ We turn ourselves into an object
❏ Internal control = selfcontrol: we need selfconcept to import culture into us humans ❏ Intuitive, can tell difference between honesty and politeness (willy making his aunt said about fat nose)
❏ We have to lie and say “oh no you lost weight, you look skinny” to be polite
❏ External control = police, courts, corrections, or simply LAW If you want to learn more check out Why is there mass poverty and lack of food in africa’s economy?
❏ No society can be maintained by external control: why? Too expensive and inefficient to monitor people 24/7
❏ Internalization is much more effective
❏ Only thing that stops sex offenders is selfcontrol
Self Control Theory
❏ Criminals are impulsive, live for the moment hedonistic creatures who can’t think about the future consequences of their behaviors; they have a hard time taking the role of another selfconcept ❏ Putting yourself in someone else’s shoes
❏ They don’t care about other people or themselves
❏ Live for right here and now theory of self control
❏ All criminals are the same; no need to explain particular varieties of crime like White Collar or Drug D. ❏ All come from same place, therefore they all have low selfcontrol
❏ Criminals wants immediate gratification, don’t/can’t think about others
❏ They seek thrills
❏ What is their cause of low selfcontrol?
❏ Lack of discipline and supervision in the home Don't forget about the age old question of Who is the father of containment?
❏ Poor parenting
❏ Criminals need an opportunity to do a crime, even though they have all the low selfcontrol in the world
❏ Once low selfcontrol is developed it stays over the life course
❏ Hobbes: crime doesn’t have to be explained
❏ We humans only care about ourselves
❏ What are the restraints?
❏ Low selfcontrol: just doing things that come naturally
❏ CJ system is incompatible with low selfcontrol
❏ Penalties too far removed from offenders decision making
❏ Low selfcontrol folks only live in there here and now
❏ Since criminal live for contingencies for the moment they can’t think beyond the moment ❏ However, just because one has low selfcontrol doesn’t mean they will commit crime; they need the opportunity
Wednesday | November 7th 2018 | Death Penalty We also discuss several other topics like What is the basic idea of natural selection?
Information on THE Death Penalty (DP)
❏ U.S. is the only country to still have DP, however, in other places such as China, many executions take place annually
❏ Earliest execution in U.S. was 1608 Captain George Kendall was executed for spying ❏ Currently 3,200 individuals on death row
❏ U.S. Constitution
❏ 5th Amendment: No person shall be held to answer for a Capital or otherwise infamous crime, unless on presentation of indictment . . . Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . . Nor be deprived of life or property
❏ 14th Amendment: Nor shall any state deprive any person of life, liberty or property without due process of law
❏ Prior to 1968 issue, the Supreme Court’s means of execution: lethal injection, hanging, electric chair, etc. ❏ Furman: “DP was unconstitutional as had been applied” (TEST Q!)
❏ Furman voided 40 DP statutes and commuted sentences of 629 death row inmates, one of whom was Kenneth McDuff (TEST Q!)
❏ Gregg v. Georgia: Supreme Court approved a set of standards for juries and judges to use when deciding to impose; DP: bifurcated trials, automatic appellate review of convictions and sentences and proportionality review (TEST Q!)
❏ Jury Guidelines: aggravating v. mitigating factors such as serious features of case, extensive premediation, planning or torture, killing a police officer, youth, immaturity, mental illness/retardation, etc. ❏ Ring v. Arizona (2002): judge cannot overrule jury If you want to learn more check out What are the factors that shift supply curve?
❏ Executions resumed with Gary Gilmore in 1977 by UT firing squad If you want to learn more check out Explain the function of a ticketron.
Post 1976 DP Cases
❏ Most important: McCleskey v Kemp 1987 (TEST Q!)
● Finding of racial discrimination at aggregate level doesn’t mean that practices of individual courts are discriminatory. Racial discrimination must be proven in individual cases; racial disparity is NOT equivalent to racial discrimination. (TEST Q!) Don't forget about the age old question of What are the effects of colonialism?
● Opponents of DP lost their best chance at having it found unconstitutional
❏ McClesky used the Balbus study which found that in GA a capital sentence was given out 22% of the time for a B defendant killing a white victim but only 3% of cases with a white defendant killing a black victim ❏ McK argued that his sentence violated the Equal Protection Clause of the 14th Amendment (which deals with unequal justice) since statistically he stood a greater chance of getting the DP because the victim in his case was alive.
❏ He was executed in 1991
❏ This is where things became quite interesting from a Law & Society perspective. The Supreme Court ruled after Gregg that the DP was constitutional. However, the Legal Defense Fund challenged a number of cases and the justices felt that they challenging their authority. The justices wanted DP sentences carried out via their ruling
❏ Specific/general deterrence does NOT apply to DP. Murderers and criminals are impulsive ← weakest argument for DP. If DP had any effect one might expect DP states to have lower homicide rates than those without DP ← but there is no correlation. Self Control Theory is the best explanation as to why the DP has no deterrent effect.
❏ Big economic issue
❏ PreFurman: cost isn't an issue
❏ PostFurman: SC requires super due process
❏ Average cost per execution ranges from 2.5 million to 3 million dollars; popular cases cost more. 10 million dollars for Ted Bundy and 96 million for Timothy Mcveigh (TEST Q!)
Why is DP so expensive?
❏ Pretrial stage: capital investigations cost more
❏ Both trial and sentence phrase
❏ File motions
❏ Voir dire
❏ Jury composition
❏ Death qualification process challenges
❏ Trial Stage: no plea bargains
❏ Trials bifurcated
❏ Juries sequestered (to isolate)
❏ Requires 2 attorneys
❏ Automatic and infinite appeals:
❏ Special appellate attorneys required, charge way more than regular attorneys
❏ Actual execution is not that expensive ($100,000); lethal injection $30,000
Innocent Individuals Executed?
❏ There actually is no evidence of an executed individual being innocent.
❏ Though, there is evidence that many innocent people have been murdered because of our mistakes in failing to execute.
❏ Kenneth McDuff: only person to have the DP commuted by Furman, released from prison, committed new murders, given another DP and finally executed in 1999 (TEST Q!)
Monday | November 12th 2018 | Social Constructionism & Drugs
❏ Drug problems have been in U.S. for 200+ years. They are moral panics in their own right. They are ideological phenomena.
❏ Ex.: Opium targeted Chinese immigrants after completion of the transcontinental transcript (when cheap labor was no longer needed)
1986 Drug Abuse Act
❏ Manipulation of racial stereotypes using a pervasive ideology of “color blindness” that discourages any serious discussion of racial bias in the CJ/Legal Systems
A Bit of Data
❏ Past 30 years prison population increased 6 times.. Dual system of crime & punishment in U.S.? ❏ Black males: 4,777
❏ White males: 727
❏ Among Black men in their 20s one in 8 are in prison on any given day
How are all these problems “constructed”?
❏ Media Magnification: take the worst cases and portray these as “routine”; dramatize the problem in Goffman’s impression management terms
❏ Political and moral entrepreneurs; political elites define a problem, call attention to it, and mandate that something must be done about it. Drugs work as “functional demons” that take our attention away from serious problems like the economy, etc.
❏ Professional interests: who owns the problem?: AMA, DEA treatment groups
❏ These groups have some “specialized” knowledge that legitimates their authority.
❏ Nancy Reagan, Harry Anslinger head of FBN and author of Marijuana: Assassin of Youth → influential in getting pot outlawed (TEST Q!!)
❏ Link a substance to a particular group and link that to crime, etc.
❏ Scapegoating a drug for social problems. E.g.: premature births are a product of mothers crack use; “ Crack Baby” scare/myth perfect example
❏ Social constructionism views social problems like drugs etc as having no objective or essential existence “out there” but must be produced by humans through a host of symbolic means.
But just because we call it symbolic doesn’t mean it has material consequences!
❏ Drug Wars from Doris Provine in Unequal Before Law
❏ Drugs: 22% of all adults in prisons and 35% of federal prisons
❏ 19802002 state and federal prisoners rose 1300%
Race & Class Inequality in Drug Wars
❏ 13% users of illegal drug are African Americans (use in same proportion as whites) ❏ But represent 39% of all arrests
❏ 59% of those prosecuted
❏ 75% of those incarcerated for drug offenses
❏ In some states, the disparity is even greater: Maryland 9/10 incarcerated for drug offenses Black, even though only 28% of population
❏ Similar in just about all states: New Jim Crow Laws according to Province
History of Drugs & Legislation
❏ US history of drug use has wild swings between tolerance and condemnation
❏ During 16/17 centuries we consumed a ton of booze
❏ 1875 beginning of drug control
❏ During 1st part of 20th century quite a bit of legislation enacted
❏ Drugs like coke and opium were used in ‘mild’ forms; coca leaves only contain about 1% cocaine or less whereas crack is over 90%
❏ More powerful opioids like morphine and heroin hit the scene in 1803 and 1874
❏ All of this created severe problems
❏ Estimates of addicted rose from 100,000 to 1,000,000. Most were medical addicts, white, middle class, and middle age women. Others were opium smokers who were largely Chinese and criminal morphine addicts
Pot and Booze
❏ A lot of folks will use the case of prohibition and its failure as an argument for pot decrim ❏ But let’s look at that a bit in more detail
❏ Alcohol prohibition: 18th Amendment (Volstead Act)
❏ Anxiety: industrial capitalism, mass immigration, inner city disorganization, Protestant evangelicals
❏ Seductive/irresistible, pleasurable
❏ Poor folks and racially stratified minorities most likely to get picked on by police
❏ Prohibition and wave of crime it unleashed forged the founding of the Federal Penal State
❏ For the first time crime becomes a national problem and national obsession
❏ Efforts to restore law and order led to FBI and later in 1930 the FBN
❏ President Hoover, a former engineer, overhauled the Fed Machinery of of Justice
❏ When law is readily employed as a symbol of disapproval it is easily wielded as a symbol of oppression ❏ Suffers disobedience and ridicule; no way to effectively enforce it
Monday | November 19th 2018 | Should Drugs be Legalized or Decriminalized?
❏ That would be a wrong assumption. People like Provine and Alexander whom we discussed previously are good at critique but questionable when it comes to policy issues
Cocaine Pharmacology: Grabowski
Cocaine Changes: Reinarman
Reform: any type of reform should move slowly and cautiously
Several Models Proposed
❏ (1)Decriminalization/Legalization Model: remove penalties for this or that drug; some states have decriminalized pot
❏ Assumption: people will not use more, cuts down on crime, reduces prison population, taxes for education and treatment
❏ But what if people do use more, even with “soft” drugs like pot?
Lee Robins: The Vietnam Vet Returns (TEST Q!)
❏ 7 in 10 used pot in Vietnam
❏ 4 in 10 before V
❏ 4.5 after V
❏ 4 in 10 used narcotics in V
❏ 1 in 10 before V
❏ 1 in 10 after V
Where drugs are available, cheap, etc. you find much greater use.
Legalization → Commercialization → Advertising → increase use
Netherlands: no increase use of pot
What about the Gateway Theory?
❏ Criminal penalties; zero tolerance; more jails
❏ U.S. has a punitive drug policy
❏ Eliminate drugs at source? pushdown/popup
❏ Agent Orange disrupted supplies to U.S. along with interdiction. RESULT → stimulated domestic production of pot
Criminal Justice Thermodynamics: when you propose more severe penalties for engaging in some practice : leads to less frequent application of that penalty (TEST Q!)
❏ John Galliher on NE
❏ NY 1973 Gov Rockefeller 15 yrs to life for sale of one once and possession of over 2 ounces of heroine
❏ Claims that people physically addicted are sick; seek medical solution
❏ Lives will be healthier; less crime; satisfied mainly by maintaining themselves; don’t seek “euphoric” rush ❏ Does reduce crime rate (check out “taking care of business”) but the euphoric issue problematic
No one comprehensive policy is workable when it comes to illegal drugs;
Best scenario is to tailor flexible policy around each drug and focus on the community making the decision Police Violence
❏ Racism? Perhaps. (but too simple of an explanation)
What about from a L & S perspective?
❏ Police culture: highly militaristic culture
❏ Bureaucratic structure
❏ Physical training
❏ Performing under stress
❏ Use of force
❏ Strip individuality and embrace the group or collectivity
❏ Chasing bad guys
❏ Real police work
❏ Recruits highly receptive to this aspect of organizational culture
❏ “Bad guys” vs. “good guys”
❏ Us v them builds social solidarity
Wednesday | November 21st 2018 | Police Violence
❏ Police culture is very important
❏ Individual that the police often feel deserves “street justice” or a physical attack designed to rectify what the police talk as a personal insult
❏ Not granted status as worthy human beings
Real Police Work
❏ Most police time involves boring, repetitive paper shuffling, etc.
❏ Service work and cruising
❏ When the officer gets a chance to engage in real police work it gets their blood circulating ❏ It’s like in the military = rush
❏ Police see themselves as reps of the moral legal order
❏ View themselves as protectorates of that order
❏ When they are in which their face is challenged, they are likely to respond in equivocal terms Terrorism from a Law & Society Perspective
❏ Is a use of force BUT quite a bit of violence is social control in one fashion or another (even gang violence) ❏ Thus, a lot of violence is self help or the handling of a grievance without aggression
❏ Type of self help by organized civilians who covertly inflict mass violence on other civilians ❏ Pure terrorism IS social control
❏ It belongs to the family as law, gossip, ostracism, and ridicule
❏ Terrorism defines and responds to deviant behavior
❏ Is collective violence like vigilantism, rioting, lynching, feuding
❏ It isn’t just collective but well organized too or like war
❏ Similar to guerrilla warfare (gw)
❏ Gw has military targets, BUT terrorism has civilian targets
❏ Use 9/11 as a prototype
Why is Terrorism Social Control but not Criminal?
❏ 1st: to call something criminal means the explanation should be criminological
❏ E.g.: burglary, rape, robbery acts with no moral component
❏ Terrorism is not like these crimes and doesn’t deserve to be explained criminologically ❏ It belongs in the same family as law and other forms of social control
Terrorism pt 2
❏ Highly moralistic and society theory of social control, one that explains self help by organized civilians who covertly inflict mass violence on other civilians
❏ Terrorists are an aggrieved collectivity and attack civilians w/ another collectivity
❏ Has an ‘upward’ direction or against a social superior
❏ Might think of it as social control from “below”
❏ There’s a physical geometry to terrorism
❏ Violence requires contact
❏ No contact = no terrorism
❏ A relatively new phenomenon
❏ 20th century increased the possibilities for terrorism bc technology
❏ New technology creates all these opportunities for terrorism by shrinking physical space/time it also sows the seeds of terrorism’s destruction
❏ By increasing contact between individuals separated by long social/physical distances on transportation and communications increase global intimacy, cultural homogeneity, and other forms of human closures
❏ Part warfare, part law
❏ Is preventive or preemptive; it strikes and kills terrorists before they can strike
❏ Criminal justice doesn’t function this way in Western Democratic Societies
❏ Interesting species of social control; it is limited heavy implosions of physical/space & time in 2021 centuries
Terrorism w/ Goffman Explanation
❏ It’s a form of political action, at least in one sense as we’ve seen from G and H, right? ❏ In democratic societies to achieve effects political actors must orient their tactics to address moral frameworks that encompass the broader population
❏ Terrorism is NOT political, but symbolic
❏ Aims not only to kill us but to use killing as a gesture and it wants an audience to view that killing as a gesture
❏ Each side embodies evil for each other
❏ Sacred/good: peaceful, cooperative, honest, equal, rational, solidarity, ethical, honorable etc ❏ Profane/bad: violent, antagonistic, deceitful, dominating, irrational, corrupt, cynical etc ❏ Jihad: For Islamic practitioners and key sections of Islam the modern Jihad is sacred and highly demanding performance of holy war.
Wednesday | November 28th 2018 | Legal Profession
Too Many Lawyers
❏ Are countries talents being wasted? Lawsuits cost the US over 600 billion in lost revenue (almost a trillion) ❏ BUT consider:
❏ Prosperity: increases demand for attorneys (nearly 300,000 in China now)
❏ Regulations: pension reforms, improved safety standards
❏ Expanded rights; Constitutional Protections
Lawyers in Action
❏ Ancient Rome lawyers were called “orators” or folks who argued cases on behalf of others