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Last updated 5:32 PM on 4/11/26
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45 Terms

1
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Legitimacy

belief authority is fair, leading to willing compliance

2
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motivating compliance

motivatonal posture (attitudes), enforcement and reputations shape compliance

using shame and guilt can lead to resistance

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Instrumental Perspective

debate - do people follow the law because of sanctions or legitimacy

deterrence + instrumental model = rational calculus (cost v. benefits)

if punishment is unlikely, crime increases

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MMPs and Penal Populism

MMPs - fixed punishments (deterrence)

penal populism - supports harsh punishment (emotion > evidence)

research - leads to low deterrence and higher recidvism

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Normative Compliance

Obeying the law wiithout sanctions

based on moral beliefs (right/just)

legitimacy from procedural justice (fair treatment)

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Theory of Procedural Justice

fair treatment leads people to see authroity as legitimate and increases compliance

(Tom Tyler (socpsy))

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Procedural Justive Steps and Stages (4)

Procedural Justice is rooted in 4 key criteria

  • respect

  • neutriality

  • voice

  • trust

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Controversies in Procedural Justice Research

  • procedural justice as a valuable tool for police compliance and control

  • police should act fairly because it is morally right, not to increase compliance

  • procedural justive may improve perception not actions

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Police Role - Social Contract Perspectives

police are neutral and legitmate authroity figures who protect society from crime and disorder for common good

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Police Role - Conflict Perspective

police serve the interest of powerful groups and help maintain social inequality and status quo

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Police Role - Crime Fighters

police enforce laws by investigating crimes, arresting offenders, and using force when necessary, usually in reactive ways (after crime occurs)

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Police Role - Social Agents

police act to maintain order and prevent problems through community-based and preventative policing

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Police Practice - Role Conflict

Police experience role conflict when they must balance competing demands like crime control, rights protection, and social problem solving, leading to stress

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Police Practice - Role Ambiguity

role ambiguity occurs when police face unclear expectations and unpredicatble situations, leading to confusion and withdrawal

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Police Practice - Discretion

Police discretion is necessary use of judgement in decision making (arrest/force) influcend by legal and extra-legal factors

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Authority of the Court

courts have monopoly over dispute resolution, and this authority depends on having a single legal system ensuring consistency

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Elements of a Claim

  • Act or ommision by defendent

  • harm occurred

  • causation

  • fault

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Role of Court

  • resolves disputes

  • interpret and apply law

  • set precedent

    • they are reactive - only act when case is brought forward

    • goal - fair, consistent, and transparent outcomes

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Matters before the Court

  • requires legal mobilization

    • identify harm

    • assign blame

    • make a claim

  • must involve claimant and target

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Harm

courts only recognize legally defined harm, meaing many personal experiences are not eligible for justice

21
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Resolving Tort

Most cases do not go to court and are settled outside of court

insruance companies are: gatekeepers deciding what to settle/fight

remedies:

  • damages (money

  • pecuniary (financial loss)

  • general (suffering/harm)

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Tort - Cultural Barriers

people often avoid suing due to personal responsibility and concerns about frivolous lawsuits

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Barriers to Access of Justice

  • costs

  • fear of outcome

  • cultural norm

  • lack of knowledge

  • inequality

  • timely

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Critical Criminology

questions the idea that law is fair, arguing that powerful groups influence what is defined as crime and who gets punished

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Criminalization

process where powerful groups use law and policing to control society by defining crime and deviance throughj power relation

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Social Order - Consensus Perspective

soceity generally agrees on shared values and laws, which are applied fairly for the common good

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Social Order - pluralist perspective

argues that society is diverse with competing values, but still agrees on the rules of law for peaceful coexistance

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Social Order - conflict perspective

law serves powerful groups and helps maintain inequality and control over marginalized groups

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Capitalism and Crime

captialism produces crime by creating inequality, poverty, and competition

  • encourages self-interest, materialism, and individualism over collective good

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Critical Race Theory

examines how race and racism are built into systems

key ideas

  • race as a social construct

  • focus on structural inequality

  • centres expereinces of racialized groups

  • law can maintain racial hierarchies

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Racialization

process where society assigns meaing to race

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W.E.B Du Bois

challenged racist biological theories

developed social constructionism

  • race is about power + social construction, not biology

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Over and Under Policing

Over - excessive surveillance, frequent stops, harassment

Under - poor response to victims, lack of protection, victim blaming

34
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Profiling - Conscious

  • Racial Animus

    • intentional racism

    • bad apple cops

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Profiling - Subconscious

Implicit bias

  • automaic, unconscious stereotypes

  • affects:

    • percpetion of threat

    • deicsion-making

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Life in Total Institutions 4 Aspects and 2 effects

  1. cointant surveillance

  2. shared living onditions

  3. strict schedules

  4. central authroity

effects:

  • loss of identity

  • civil death

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Prisonization

process of adapting to prison life and norms

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5 Pains of Prison

  • loss of freedom

  • loss of goods/services

  • loss of relationships

  • loss of autonomy

  • loss of security

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Prison Code

  • do not snitch

  • mind your business

  • stay tough

  • do not exploit others

  • do not side with guards

cased by:

  • deprivation model - caused by prison system

  • importation model - brought in from outside culture

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Challenges of re-entry

  • stigma

  • the mark of criminal record

  • stereotyping

  • removal from labour markets and negative credentials

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Cultural Capital

knowledge, behaviors, and values linked to success

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Cultural Habitus

time spent in prison shapes mindset and behavior

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Collateral Consequences of Imprisonment

indirect long term harm

include:

  • loss of rights

  • employment barriers

  • family strain

  • social exclusion

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Using Work Wisedom

rebuilding identity to fit into society (dramaturgical sociology)

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Retraining for Workforce

Hit and quit it

  • take responsibility

  • avoid excuses

  • show growth and rehabilitation

reconstructing Bodily Habitus

  • change in physical behavios from prison:

    • less agressive

    • controlled movement

    • less dominance

reconstructing self-presentation

  • dress mainstream

  • speak professional

  • avoid street identity signals