Soc 205 Week 8 Notes
Soc 205 Week 8 Notes Soc 205 002
Popular in Crime, Public Policy, and the Criminal Justice System
Popular in Sociology
Kaylee Renner MD
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This 6 page Class Notes was uploaded by Angelina Notetaker on Thursday October 8, 2015. The Class Notes belongs to Soc 205 002 at University of New Mexico taught by Maria B. Velez in Summer 2015. Since its upload, it has received 55 views. For similar materials see Crime, Public Policy, and the Criminal Justice System in Sociology at University of New Mexico.
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Date Created: 10/08/15
Soc 205 Week 8 Notes Questions for the Pot Republic Video 0 How is it possible for pot growing to be legal in some context while not other 0 Things to consider I How Federal State County and City law contribute their own view on the idea of pot growing I Something to remember is that States can have their own rights While fundamental laws are Federal jurisdiction 0 What interestsplayers seem important in the push for and against medical marijuana and growing pot 0 Pros I They can tax medical marijuana which will help with revenue and business lite Eco Development I IF we were to keep medical marijuana regulated there could be a possibility of crime deceasing in the United States 0 For example The Great American Experiment in California where the state had to let out prisoners because the state could not pay to keep them in Criminologist study the crime trends at the time to see if crime would go up with the release of prisoners and found out that crime did not increase over time of their release 0 Cons I For the pot growers they have to deal with obstacle courses which makes it hard for them to take their product across state lines because of different state laws I The idea of medical market could only be a cover up for the black market where people can sale the pot for a better cost I Government is worried about the beginning of a crime war I Government is also worried of their land being used for the wrong reasons I What perspective on the law seems most helpful in understanding the local versus federal takes on medical marijuana and pot growing 0 Things to consider I When it comes to local view come from the voters and if the voters say that it is okay then they local laws need to follow which is what the city police in the video where trying to make laws that came from the views of the voters I A perspective we look at would be the Marxism view of the law being controlled by the HAVES rich and fixing the law to benefit their needs and personal use I For example when pot was beginning it was the lower class using it and during that time it was defined as a crime but once the rich started using pot people began to change their view of it and try to make it legal Symbolic Interaction and Labeling I Concerns the ways that the law and the CJ system operate to ascribe a deviant or criminal identity ONTO offenders 0 Criminal identity becomes master status 0 Becker s Outsider 0 He believes that there is no such thing as deviance per se 0 He sees that acts are labeled as deviant by society 0 Feminist Perspectives O Assumption that society is organized around the rule of men patriarchy I Culture and structure serves top marginalize woman regulate their bodies and exclude them from full civic participation 0 Methods can be different I Feminist empiricism versus standpoint feminism I Feminist take a different view of Marxism where males have all the power in society They look at gender instead of class power I Feminist also look at the laws and see who they really benefit Males or females Feminist Approaches to Marital Rape Laws 0 What are Marital Rape Laws 0 While every state has its own laws on the subject broadlv defined marital rape includes any unwanted intercourse or penetration vaginal anal or oral obtained by force threat of force or when the wife is unable to consent 0 Why such laws are important to study 0 Seen as laws that expand woman s right to bodily selfcontrol and personhood by acknowledging that woman can legally refuse sex within marriage 0 Laws that deny women these rights exemplify relations of domination based on control of women s bodies that undermine women s abilities to participate as independent individual s citizens in the polity which in turn affect their capacities to demand and utilize social right Orloff 1993309 I From this view we are able see that there is an opened window on how women can be seen independent in society 0 Conversely laws the recognize women s control over their own sexual activity confer rights to bodily selfcontrol and personhood 0 These rights lay a foundation upon which women may achieve other rights or improve their position in society that is already stratified divided based on gander 0 Changes in Marital Rape Laws 0 It was not until the late 1970s that anyone was convicted of raping his spouse in the United States Before then criminal codes typically included a marital rape exemption or provision barring prosecution for the rape of one s spouse Such laws re ected then popularlv held views that only stranger rape constituted real rape or that forced sex is a wifely duty 0 In the 1970s and 1980s numerous states adopted laws criminalizing marital rape and by July 1993 it was illegal in every state to rape your spouse 0 States took these three approaches to criminalizing marital rape I Some states simply abolished the marital rape exemption by striking it from the books Here marital rape is treated the same as other forms of EIE I Some states explicitly eliminated marriage as a defense to the charge of rape I Some states retained their marital rape exemption in the code and enacted an additional provision creating a separate offense of marital rape Sometimes with lesser penalties than for other forms of rape Gender and Law Men vs Women 0 Private vs Public Sphere 0 Law defines the private as where law is not that into which law does not intrude where no harm is done other than by law s presence P38 I When the law steps it they have to make sure that they are really helping instead of making more harm O E g The State of Florida had absolutely no business intervening into the sexual relationship between a husband and a wife We don t need Florida invading the sanctity and intimacy of a relationship Representative Tom Bush May 29 1980 in Russell 1990 18 I From this quote it seems like the law is trying to protect women but the state is still protecting marriage Which is the power of men 0 Woman in everyday life have no privacy in private P 38 I Men s dominance and women s oppression in private sphere I Public sphere as men s domain 0 Subject to law 0 Male dominance exposed in public when made subject to law P 106 0 They look more at gender and power but also at who benefits more The Law 0 Is the law a set of discrete set of rules developed by the state and the courts 0 If we break them we end up in trouble likely O Straightforward 0 Or is law sprawling and messy J urisprudential Approaches to the Law 0 Legal formalismpositivism 0 Laws is a selfcontained system of rules and concepts 0 Validity is determined by the legitimacy and coherency of the system not the justness or morality of any particular law or judicial decision 0 A key limitation to this approach is that it does not address how actual processes of the legal system and actors shape the law Courtroo m Working Group Prosecitio n 0 Natural Law 0 Assumes the existence of fundamental principles that define the standards of justice and morality and the validity of law I They are discovered in nature not created by human reason such as divine law I There are fundamental rights and wrong in society 0 A concern is that it is difficult to claim the existence of fundamental rules given that their content varies so much 0 Legal realism and critical legal studies 0 Emphasize the humanity of the judge a person with biases and values law occurs within a social context 0 Le the courtroom workgroup which is an informal arrangement between a criminal prosecutor criminal defense attorney and the judicial officer 39 Seemingly adversarial courtroom participants are in fact collaborators in doing justice Problems with last Three Approaches 0 Fail to fully incorporate the effects of the social on the identification articulation and application of the law 0 Equality I Instead of difference considers subordination and domination ie do current practices oppress woman and advantage men 0 Objectivity I Law is the end is partial ie gendered O Publicprivate dichotomy I Unsustainable as the lawstate has a long history of involvement in private lives 0 Rights I Not universal but entrenched and constitutive of relations of power Empirical Examples of Consensus versus Con ict Approaches to Social Control 0 Con ict vs Consensus 0 Western Bruce Meredith Kleykamp and Jake Rosenfeld 2006 Did falling wages and Employment Increase US Imprisonment Social Forces 842293 231 1 0 Research Question I Did falling wages and employment increase US imprisonment 0 Theories amp Hypotheses I Strain amp informal social control Or I Social threat Strain amp Informal Social Control Positive View and Anomie Strain Criminal E Prison 39 Worse Labor if Admissions Market Behavior Social Threat Economic Racial Social Threat Prison Control Efforts o Worse Labor Market Admissions 0 Data 0 Outcome aka dependent variables I National Prisoner Statistics Series I National prison admission rates for men 19832001 0 Independent variables aka predictors explanatory variables I Current Population Surveys 0 Employed 0 Median weekly earnings 0 Education lt HS HS Some College College I National Crime Victimization Survey NCVS I Proxy for violent crimes I prisons admissions 0 Methods 0 Regression of imprisonment rates I Level of aggregation is country I Unit of analysis is race education age year 0 19832001 End of Week 8 notes 0 Important There is a test next Friday 1016 0 Also Week 9 Notes Will hopefully be upload by next Friday or Saturday at the latest Thank you for using Studysoup