Notes for Classes March 24 & 26
Notes for Classes March 24 & 26 SOC 2167
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Mariana de la Maza
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This 6 page Class Notes was uploaded by Mariana de la Maza on Sunday March 29, 2015. The Class Notes belongs to SOC 2167 at George Washington University taught by Fran Buntman in Winter2015. Since its upload, it has received 44 views. For similar materials see Sociology of Law in Sociology at George Washington University.
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Date Created: 03/29/15
Sociology of Law Notes March 24th Review Session for Test Next Thursday For the Assignment 0 Look at the dimensions of those problems to identify which are legal or sociological Where are the areas of overlap and how do these articulate into solutions 0 Think about these issues in terms of the complicated ways law may or may not be part of the solution or problem 0 Solutions EX Media campaigns 0 EX zero Tolerance 0 Laws and legislation but came out of a particular environment of what are the nature of media solutions violence 0 How has the cultural env Changed How much you facilitate that change 0 Look at a wide array of sources 0 Policy reports policy sources I Produced by nonprofit organizations 0 Are they arguing this because they come from a particular perspective Civil Law 0 Issues 0 How can we look at it more for sociological issues that structure how it works Legal and sociological vs other nonlegal dimensions of civil law Legal Other nonlegal dimensions 0 Rules of courtroom 0 Resource allocation uneven and 0 Legally we have a principle of RP vs OS equality under the law but in 0 Sociological reality of differential practice we know that often we are access to the law not equal under the law 0 Media and politics often times 0 In practice age distinctions are shapes the perception and often OK under law but in contrast environment race distinction aren t OK under 0 law 0 Courts aren t necessarily going to solve problems they will address legal issues 0 Because law has a sorting mechanism with gates 0 SEXI 0 Ex Unions and how they are repeat players 39 Galanter I Repeat Players invoking unions 0 Because parties who have more resources and experience have an advantage which makes the playing field a bit uneven Frivolous law suits and the idea of courts as problem solvers O Frivolous law suits dominating civil law system 0 The idea that some people Exam Question How does civil action illustrate How do repeat users use their advantage to prevent oneshotters of getting ahead Answer Knowledge that the other party may not be aware of resources suppress evidence illegal Settlement negotiation system We see in the movie you can engage in settlements avoid unfavorable rulings Differential access to law Repeat players have far more resources even some repeat players have more resources than other repeat players strategy matters Question of Access to the Courts Criminal law we know that at least in theory there is a relative equality of access to the courts because of Gideon vs Wainright and subsequent cases In practice the biggest barrier is money There is no guaranteed right to civil legal aid If you are not wealthy how do you get legal representation 0 Contingency fees I When law firms take money that is I They are betting on an outcome they have no guarantee on Defendants have a lot of money If you think there is a strong case 0 Involves a very particular kind of law Tort law Unless there is an injury you have suffered that you can claim somebody has wronged you in a legal sense you can t use that Pro Bono When lawyers act for free Alternative Dispute resolution and mediation 0 Can get free mediation sometimes More about trying to find common court Federal Money for some civil law access 0 LSC Some employers offer legal insurance and that will tend to cover certain controversial issues Solo practitioners at the lower end of the spectrum 0 You got people who have a diversity of practice and experience and expertise Depends on the jurisdiction 0 What kind of help civil law gives depends on the jurisdiction 0 Gideon V Wainright 1963 O Began a process that in theory would have made all of this a very different situation but in practice this situation of the demand vs supply is very similar When it comes to criminal laW Sociology of Law March 26 Notes I It doesn t matter what the author says but how you interpret it I What is it about 0 O are they about Calavita vs Buntman I What is the connection of criminal justice and sociology of law to criminal law 0 History I psychology 0 Law and Definitions 0 0 Law has a big part in fixing and taking ideas in society I EX Whiteness blackness Brown offers us a new script a different psychology I Brown says that history needs to remain in the past I Reinforces equality as required by the law I How do you challenge historyold script or the law that re ects interest in certain groups I Dissonance between ideas in Brown and other parts of the law 0 There are 3 different ideas 0 1 There is law but there may be discrimination there are dissonances despite the law 0 2 There are dissonances because of the law 0 3 There are dissonances embedded in the law but we just don t see it I What are the different ways we can look at that phenomenon 0 Courts and Discrimination 0 000000 0 Effects vs Intent Redlining Legal discrimination Outlawed now but hasn t gone away Constructionism Critical race theory Critical legal studies History does matter but we are not in the same place Even though we rejected ideas we are still affected by them I It s the way the law works Discrimination I The test is intent not effect 0 McClesky 1986 O O O O Biased racially NAACP couldn t win because intent wasn t proved Death penalty cases Used Baldus Study 2000 cases a statistical study that showed a statistical relationship I Likelihood relationship between somebody charged with capital crime and the race of the victim I Statistically death penalty case race of victim was the reason 0 Law says they haven t shown any intent of racism 0 The problem is that that is the wrong issue to pursue because legally if intent cannot be proved they can t help you 0 The contemporary parallel in some senses in Michael Brown and Ferguson 0 There is anger this means something in a democracy 0 Federal investigation says there is patterns of discrimination and you can even go back and see other examples I 1992 when Rodney King was beaten up the anger that erupted was enormous 0 Patterns the reason scandals erupt O Rampart Divisions 0 Patterns of Dissonance 0 Law vs Practice 0 What is the evidence used I Court cases I Didn t necessarily take them on their surface 0 The word innocence being used 0 Buntman Reading Association between whiteness and innocence in affirmative action cases I In a postBrown era what you find is when you have formal legal equality one way you can prove legal thinking is by looking at the words being used ex When white plaintiffs say that affirmative action is discriminatory I There tends to be a consistent idea whereby we associate blackness with criminality I Look at the text of supreme court opinions I Overtime pick out what is similar what is different and in what way they talk about race I Discussions of whiteness I What is Professor Buntman arguing in her piece What questions arose from it 0 According to most of the reading the Supreme Court would say that racial profiling is unconstitutional if you were to ask them I 14th Amendment prohibits the government from attaching suspicion to somebody merely because of their race 0 The way we are going about it doesn t get us what we want which is to solve the problem I Although we had a significant shift we don t recognize how history and psychology affect us 0 Whiteness In Plessy the court talks about it I Supreme court says the law is one thing reality is another I there is value in that reputation I Whiteness has inherent value in it 0 There are discontinuities and continuities 39 Overall we continue to associate whiteness With innocence
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