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Legitimacy
belief authority is fair, leading to willing compliance
motivating compliance
motivatonal posture (attitudes), enforcement and reputations shape compliance
using shame and guilt can lead to resistance
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
MMPs and Penal Populism
MMPs - fixed punishments (deterrence)
penal populism - supports harsh punishment (emotion > evidence)
research - leads to low deterrence and higher recidvism
Normative Compliance
Obeying the law wiithout sanctions
based on moral beliefs (right/just)
legitimacy from procedural justice (fair treatment)
Theory of Procedural Justice
fair treatment leads people to see authroity as legitimate and increases compliance
(Tom Tyler (socpsy))
Procedural Justive Steps and Stages (4)
Procedural Justice is rooted in 4 key criteria
respect
neutriality
voice
trust
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
Police Role - Social Contract Perspectives
police are neutral and legitmate authroity figures who protect society from crime and disorder for common good
Police Role - Conflict Perspective
police serve the interest of powerful groups and help maintain social inequality and status quo
Police Role - Crime Fighters
police enforce laws by investigating crimes, arresting offenders, and using force when necessary, usually in reactive ways (after crime occurs)
Police Role - Social Agents
police act to maintain order and prevent problems through community-based and preventative policing
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
Police Practice - Role Ambiguity
role ambiguity occurs when police face unclear expectations and unpredicatble situations, leading to confusion and withdrawal
Police Practice - Discretion
Police discretion is necessary use of judgement in decision making (arrest/force) influcend by legal and extra-legal factors
Authority of the Court
courts have monopoly over dispute resolution, and this authority depends on having a single legal system ensuring consistency
Elements of a Claim
Act or ommision by defendent
harm occurred
causation
fault
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
Matters before the Court
requires legal mobilization
identify harm
assign blame
make a claim
must involve claimant and target
Harm
courts only recognize legally defined harm, meaing many personal experiences are not eligible for justice
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)
Tort - Cultural Barriers
people often avoid suing due to personal responsibility and concerns about frivolous lawsuits
Barriers to Access of Justice
costs
fear of outcome
cultural norm
lack of knowledge
inequality
timely
Critical Criminology
questions the idea that law is fair, arguing that powerful groups influence what is defined as crime and who gets punished
Criminalization
process where powerful groups use law and policing to control society by defining crime and deviance throughj power relation
Social Order - Consensus Perspective
soceity generally agrees on shared values and laws, which are applied fairly for the common good
Social Order - pluralist perspective
argues that society is diverse with competing values, but still agrees on the rules of law for peaceful coexistance
Social Order - conflict perspective
law serves powerful groups and helps maintain inequality and control over marginalized groups
Capitalism and Crime
captialism produces crime by creating inequality, poverty, and competition
encourages self-interest, materialism, and individualism over collective good
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
Racialization
process where society assigns meaing to race
W.E.B Du Bois
challenged racist biological theories
developed social constructionism
race is about power + social construction, not biology
Over and Under Policing
Over - excessive surveillance, frequent stops, harassment
Under - poor response to victims, lack of protection, victim blaming
Profiling - Conscious
Racial Animus
intentional racism
bad apple cops
Profiling - Subconscious
Implicit bias
automaic, unconscious stereotypes
affects:
percpetion of threat
deicsion-making
Life in Total Institutions 4 Aspects and 2 effects
cointant surveillance
shared living onditions
strict schedules
central authroity
effects:
loss of identity
civil death
Prisonization
process of adapting to prison life and norms
5 Pains of Prison
loss of freedom
loss of goods/services
loss of relationships
loss of autonomy
loss of security
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
Challenges of re-entry
stigma
the mark of criminal record
stereotyping
removal from labour markets and negative credentials
Cultural Capital
knowledge, behaviors, and values linked to success
Cultural Habitus
time spent in prison shapes mindset and behavior
Collateral Consequences of Imprisonment
indirect long term harm
include:
loss of rights
employment barriers
family strain
social exclusion
Using Work Wisedom
rebuilding identity to fit into society (dramaturgical sociology)
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