JUST 225 Parsons Exam 1

Political Culture

the broad pattern of ideas, beliefs, and values about citizens and government held by a population

State

totality of a country's governmental institutions and officials

Nation

a group of people whose members share a common identity on the basis of distinguishing characteristics and a claim to a territorial homeland

Contributors to national identity

language, dialect, religion, ethnicity/race, institutions, procedures, food, events, education, enemy music and arts, shared territory, culture and political culture

Ideas that unite the US

*Procedural guarantees

- due process, rights, 1st amendment

*Individualism

*Democracy

-presidential election and turn out for voters is low (~55%)

*Freedom and equality

Basic Justice

*giving a person what they deserve; rights, responsibilities, procedures and standards, fairness

-pay taxes, vote, protest, follow laws, educated

Ideal types of legitimate authority (Weber)

*charismatic authority (Hitler)

*traditional authority (Hereditary systems; religion)

*legal-rational authority (process, institutions; US)

Forms of Justice (3)

Procedural, Distributive, Retributive

Procedural Justice

*fairness in process rather than outcome

-demands for transparency

*based on legal-rational authority

Limits to equal protection (14th amendment)

*Suspect

-applies to race, religion

-court applies strict scrutiny

-court asks compelling state interest

*Quasi-suspect

-applies to sex/gender

-court applies intermediate

-court asks important state purpose

*Non-Suspect

-applies to age, wealth, sexual orientation

-court applies minimum rationality

-court asks rational basis

Equal Rights Amendment

*1923

*sent to states in 1972, 37/38 needed state ratification

*continues to be proposed every Congressional session

*equality of sex

Distributive Justice

*how costs and benefits are distributed/allocated

*need-based approach, merit based

*egalitarian

-equality

Veil of Ignorance

changing society by not knowing who takes place in that society

Global Perspective on Equality

*Equality of Opportunity

*Equitable Opportunity

*Equality of Condition

Equality of Opportunity

equal access

Equitable Opportunity

fair chance

Equality of Condition

equal result

Retributive Justice

*Threat of coercion and sanctions to enable social order

*Intentional or knowing violation of important rights of another

-murder, theft

Virtue Ethics

*Aristotle

*actions are not separated from one's character

Consequentialism

consequences of action are the standard, "ends justify the means"

Utilitarianism

*Mill

*best moral actions is one that maximizes utility (human well-being)

Hedonism

maximize pleasure, minimize pain

Deontological

*Kant

*morality of an action is based on that action's adherence to a rule/ duty

What is the goal of punishment:

*Punishing the guilty

*Ensuring fairness and impartiality

Who is the victim in a crime?

*Crimes against individual

*Crimes against the state

Natural Law

*Universal Standards of Justice

*Natural crimes

-murder, robbery, assault

*Right to life and liberty

Legal Positivism

*Written code with a context at a certain time

*Man-made crimes

-drugs, prostitution, gambling, etc.

*Natural rights are not being violated

-deemed it wrong

4th Amendment

*Protection from unreasonable search and seizure

*Expectation of privacy

5th Amendment

*Due process, double jeopardy, self-incrimination, eminent domain

-double jeopardy: can't be charged for the crime twice

-eminent domain: search and seizure

-self-incrimination: don't have to testify yourself

6th Amendment

*Trial by jury and rights of the accused; speedy trial, public trial, right to counsel

*Criminal and civil cases

7th Amendment

Civil trial by jury

8th Amendment

Prohibition of excessive bail and cruel and unusual punishment

Normative Crime

*Crime as violation of societal norms

*Conduct that threatens the social order

Legalistic Crime

Conduct that violates criminal law, wit no legally accepted excuse

Mala in se crime

Acts evil in themselves

Mala prohibita crime

*Acts prohibited by law, but not evil in themselves

*Prostitution and nudity

-offenses against morality

-political offenses

-regulatory offense

Consensus Perspectives

*Acts that shook the common conscience or collective morality

*Assumes all agree on what should be considered crime

*Crime is normal and necessary to establish and maintain moral boundaries of society

*Changes or selective enforcement possible without consensus?

-Martial Law/Patriot Act

Conflict Perspective

*Definition of crime is an outcome of a power struggle

*The group in power gets to write criminal law

Packer's Two Models of Values in Criminal Justice

1). Crime Control

2). Due Process

Crime Control

*Goal: reduce crime

*Assumption of guilt

*Capture, punish, deter

*Speed and efficiency

*Increase powers of place prosecutor (best at determines guilt)

*Fewer restrictions on collecting evidence and confession

*No guilty person should go free

Due Process

*Goal: protect rights

*Assumption of Innocence

*Through reliable, valid

*Court system, judge and jury

*Limit powers

*Preserve constitutional protections

*No innocent person should be punished

Furman v Georgia

*1972

*Imposed a moratorium on the death penalty

*Furman did not proclaim the death penalty itself unconstitutional

*Juries impose death sentences lack forward guidance

Post Furman era

*1976-present

*States changed their laws to try to get rid of capriciousness and arbitrariness in the application of the death penalty

*Bifurcated trials: the guilt phase and the penalty phase

*An autonomic appeal to the states Supreme Court

Restorative Justice

*A system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.

Who is a person?

Hobbes: white men

Locke: white men

Rousseau: white men

State of Nature

Hobbes: violent ruled by fear

Locke: perfect freedom, equality

Rousseau: private property (inequality)

Law of Nature

Hobbes: jus naturale - liberty each man has to use his own power; lex naturale - forbid to destroy his own life

Locke: every man has a right to punish offender and be an executioner

Rousseau: no natural authority, an agreement to use your liberties

Rights of Man

Hobbes: has a right to all things

Locke: to speak out against transgressions of the law

Rousseau: all of your liberties, but men are naturally good

Responsibility to one another

Hobbes: do to others as you want others to do to yourself

Locke: reciprocity - if you are trying to fulfill desires, you should help others, don't impair others

Rousseau: no man has natural authority over his fellow and forces creates no right

Social Contract

Hobbes: submit to agreement between state and person

Locke: right to revolt if gov invades rights

Rousseau: state provides protection, but men must fight when necessary

Role of the State

Hobbes: absolute authority

Locke: mankind cares for mankind

Rousseau: act in best interest of the people

Impact on Justice

Hobbes: state has absolute pay

Locke: up to everyone to act justly

Rousseau: law will serve those with property

Best form of Gov

Hobbes: absolute monarchy

Locke: Democracy

Rousseau: Direct Democracy

Impact on Founders

Hobbes: people need to be protected from themselves

Locke: people need to be protected from the government

Rousseau: legitimate powers don't equal force