Criminal Justice 101 - Final Exam Review

Social Justice

Criminal Justice and Social Justice are deeply intertwined, as both focus on fairness, equality, and the protection of individuals’ rights. However their interactions can sometimes reveal tensions or challenges between legal systems and societal norms. Here are some ways they interact:

1. Equity and Fair Treatment: Social justice emphasizes equality and the fair treatment of all individuals, particularly marginalized groups while criminal justice systems are supposed to ensure fair treatment under the law for everyone, regardless of race, ethnicity, gender or socioeconomic status

2. Restorative Justice

3. Disparities in The Justice System

4. Reform and Advocacy

5. Legal Advocacy and Public Policy

Criminal justice focuses on maintaining law and order while social justice seeks to ensure that the laws and systems in place do not perpetuate injustice, discrimination or inequality.

The issue of mass incarceration in the U.S. and its disproportionate impact on marginalized communities are due to key factors like poverty and economic inequality, racism and discrimination, war on drugs and harsh sentencing laws, education and school-to-prison pipeline, neighborhood environment and crime, mental health and substance abuse, political and economic interests, and cultural narratives and media representation

Address Systemic Bias

By acknowledging and addressing systemic biases within the criminal justice system, we can incorporate greater fairness and reduce disparities in the treatment of individuals from different racial, ethnic and socioeconomic backgrounds

Recognize the Diverse, Interrelated Causes

America’s problem with mass incarceration is most certainly a race problem, but it is also a class problem, and it is one that stems from a legacy of marginalization that starts well before the process of “criminal justice”

National Security, State Interest, and Responses to Injustice

If the number one priority of a nation-state is its national security (the protection of its land and citizens), but so much international crime affects more states than just one who should be responsible

International Crime Prevention

In the same way that crime prevention can lead to injustices in U.S. criminal justice, international crime prevention mechanisms can also lead to injustice, authoritarianism, and repression. The technologies of repression are growing. From drones to extralegal surveillance, the tradeoff between “security” and “liberty” is tilting further toward “security.”

Moral Relativism

It is difficult to separate the history of criminal justice or law (nationally or internationally) from the history of morality. We have found that there is arguably no “universal” morality (i.e., no universal standard of right or wrong). This is more prevalent in international criminal justice, where countries have radically different cultures, conceptions of citizenship, and expectations of their governments.

Civil Rights

the legal protections and freedoms guaranteed to all individuals under the U.S. Constitution and other federal, state, and local laws. these rights are designed to ensure fair treatment and protect individuals from abuses by law enforcement, the judicial system, or other governmental entities

Civil Rights Movement

efforts aimed at addressing systemic discrimination, inequality, and injustice within the criminal justice system, especially as it pertains to historically marginalized groups such as African Americans, Latinos, Native Americans, and other underrepresented communities; widespread social movement in the U.S. during the mid-20th century that aimed to secure equal rights for African Americans, primarily focusing on ending racial segregation and discrimination through various forms of activism like protests, boycotts, and legal challenges

Convict Leasing

states would “lease out” prisoners, often African Americans after the Civil War, to private companies or individuals, essentially forcing them to work for little to no pay in labor-intensive industries like mining, railroad construction, or agriculture, essentially acting as a form of forced labor that many consider a continuation of slavery under a different name; this practice was particularly prevalent in the Southern United States

Counterterrorism

the use of the criminal justice to prevent and respond to terrorist threats; the strategies, policies, and actions undertaken by law enforcement, intelligence agencies, and other governmental bodies to prevent, deter, investigate, and respond to acts of terrorism

Decriminalization

the process that removes criminal penalties for an action, while the action remains illegal; process through which the legislature removes criminal sanctions against an act, omission, article, or behavior which is considered a crime

Domestic Surveillance

the monitoring of individuals, groups, or activities within a country’s borders to gather information and prevent criminal activities, including terrorism, organized crime, and other threats to public safety.

Drones (RPV’s)

known as remotely piloted vehicles or unmanned aerial vehicles, they were able to enhance law enforcement, emergency response, and public safety operations; these devices provide law enforcement and criminal justice agencies with advanced tools for surveillance, evidence gathering and operational efficiency

Enhanced Interrogation

a set of interrogation techniques used primarily by intelligence and military agencies to extract from detainees, particularly in counterterrorism contexts. These methods became widely known during the U.S. “war on terror” after the september 11, 2001 attacks

Extralegal Airstrike

refers to the use of military force or drone strikes conducted outside the framework of established laws, including international law or nation’s own legal system

Extraordinary Rendition

refers to the secret and extrajudicial transfer of individuals, often suspected terrorists, from one country to another for detention, interrogation, or prosecution

Indigence

the condition of being unable to afford legal representation or other basic services due to financial hardship

Institutionalized/Systemic Racism

the ingrained policies, practices, and cultural norms within the criminal justice system that disproportionately disadvantage racial or ethnic minorities

Jim Crow

a legal caste system (based on racial segregation) found primarily in the Southern United States; laws sought to enforce to enforce and control segregation - “separate but equal”'; “literacy tests,” “property tests", and “grandfather clause” all institutionalized racial segregation

Mass Incarceration

the substantial increase in the number of individuals incarcerated in prisons and jails, particularly in the U.S., over the past several decades. this phenomenon has led to the U.S. having the highest incarceration rate in the world. this term highlights not only the sheer number of individuals incarcerated but also the broader societal impacts such as disproportionate effects on certain racial and ethnic groups

Michelle Alexander

civil rights lawyer, legal scholar and activist; J.D. from Stanford and tenured appointment law; served as director of the racial justice project, ACLU

New Jim Crow

racially constructed and applied laws have institutionalized a new caste system; largely motivated by the “war on drugs”; non-violent offenders left as “second-class citizens”; denied very rights won in the Civil Rights Movement

Private Prisons

correctional facilities operated by private companies, rather than by government agencies (local, state, or federal). these companies are contracted by governments to house individuals who have been convicted of crimes

Racial Caste

a system of racial stratification and discrimination that is deeply embedded within the justice system, creating a social hierarchy where people of color, particularly Black Americans, are disproportionately affected by legal and institutional policies

Retail Reform

efforts to improve the processes and policies surrounding the reexamination of cases in which an individual has been convicted and is seeking to have their conviction overturned or reconsidered

Separate but Equal

a doctrine that originated in the context of racial segregation in the United States, particularly through the landmark 1896 Supreme Court case Plessy v. Ferguson. this doctrine upheld the constitutionality of racial segregation laws as long as the facilities and resources provided to both racial groups were “equal”

Slavery

a system in which individuals are owned, controlled, and exploited by others without their consent. it involves the denial of basic human rights and freedom often characterized by forced labor, physical and psycological abuse, and social, legal, or economic control over enslaved individuals

Top Secret America

a vast and complex network of government agencies, private contractors, and programs involved in intelligence and counterterrorism efforts in the United States that expanded significantly after the September 11, 2001 terrorist attacks.

Unequal Sentencing

the disparities in the punishment assigned to individuals who commit similar offenses, often influenced by factors unrelated to the crime itself, such as race, gender, socioeconomic status, or geographic location

Wholesale Reform

comprehensive, large-scale changed aimed at overhauling the entire system or significant portions of it. unlike incremental or targeting reforms which focus on specific aspects of the system (e.g., policing practices or sentencing laws), this term addresses systemic issues, aiming for transformative improvement in how the system operates

6th Amendment

this amendment ensures every citizen has a right to a speedy trial in which they can face not only their accuser but also any individual that is brought to bear witness against them

8th Amendment

this amendment protects citizens from having to face excessive bails or fines as well as prevents the state from enacting a cruel or unusual punishments for crimes

13th Amendment

this amendment abolished slavery and involuntary servitude in the United States, with the exception of punishment for a crime

14th Amendment

this amendment granted citizenship to formerly enslaved people and abolished equal protection of the law for all citizens

American Civil Liberties Union

a nonprofit organization founded in 1920 with the mission of defending and preserving the individual rights and liberties guaranteed to all people in the U.S. by the Constitution and laws

Batson v. Kentucky

potential jurors cannot be excluded solely on their race; james batson (african american) was tries and convicted of burglary by an all-white jury. it was discovered that the only potential black jurors were dismissed via “preemptory challenges”

Dana Priest

pulitzer prize, beat reporting (2006); for work uncovering dynamic of CIA Black Sites, including Guantanamo Bay, as well as other “controversial features” of America’s War on Terror; her work Top Secret America is a documentary on it

Dick Cheney

a political figure best known for serving as the 46th Vice president of the U.S. under President George W. Bush from 2001-2009. while not a criminal justice professional, this person’s policies and actions as Vice President had significant implications for counterterrorism, surveillance, and the use of enhanced interrogation techniques

Drug Crimes

illegal activities related to the possession, distribution, manufacturing, or trafficking of controlled substances, as defined by laws and regulations. these offenses can range from minor infractions, such as possession of small amounts of drugs for personal use, to major crimes like international drug trafficking

George W. Bush

the 43rd president of the U.S. (2001-2009) played a pivotal role in shaping modern counterterrorism strategies, particularly following the September 11, 2001 (9/11) terrorist attacks. his administration’s response to these events defined U.S. counterterrorism policy for decades, introducing significant changes to domestic security, international relations, etc

Gideon v. Wainright

(1963) court ruling that extended the sixth amendment right to legal representation to state cases; clarence earl gideon had been charged with “breaking and entering” in florida, and could not pay for his own attorney; his request for an attorney was initially denied by a florida trial court (and later upheld by the supreme court of florida); on appeal the case was heard by the U.S. supreme court, which ruled in Gideon’s favor

Grandfather Clause

a legal provision that allowed certain individuals or groups to be exempted from certain requirements based on their pre-existing status or historical circumstances; a section of a law, regulation, or other legal document that limits how changes will be applied to legal relations and activities existing prior to the change

Jim Crow Laws

laws sought to enforce and control segregation - “separate but equal”

Literacy Tests

a tool of disenfranchisement, primarily in the Southern United States during the late 19th and early 20th centuries, to prevent African Americans from voting

Madeleine K. Albright

first woman to serve as the U.S. Secretary of State (1997–2001) under President Bill Clinton. While she is not directly associated with criminal justice reform or policy, her contributions to international diplomacy, national security, and human rights had indirect intersections with the field of criminal justice, particularly in areas like counterterrorism and international law.

McCleskey v. Kemp

(1987) “the jury’s function is to make the difficult and uniquely human judgments that defy codification, and that built discretion, equity and flexibility into a legal system”; Warren McCleskey (african american) was sentenced to death for the killing of Frank Schlatt (a white police officer); evidence was shown that georgia’s capital punishment sentencing is biased when the victim is white and the offender is black; the U.S. Supreme Court upheld the penalty, but the dissent noted that capital punishment, generally, should be considered “cruel and unusual”

Property Tests

discriminatory tool historically used in the United States to disenfranchise certain groups, particularly African Americans, in the context of voting rights. While property tests were less widespread than literacy tests or poll taxes, they were still used in some states to limit who could vote based on their ownership of property or wealth

September 11, 2001, attacks

the terrorist attacks on the World Trade Center and Pentagon marked a turning point in global security perceptions; these attacks prompted the United States to declare “war on terror”

War on Drugs

a set of policies and actions aimed at reducing the illegal drug trade, drug-related crime, and drug use in the United States; term is commonly associated with aggressive law enforcement tactics, government crackdowns, and a focus on criminalizing drug possession and distribution

Voting Rights Act

a landmark piece of federal legislation in the United States aimed at eliminating racial discrimination in voting and ensuring all citizens regardless of race and ethnicity have the right to vote

13th Amendment

this amendment ratified in 1865 officially abolished slavery in the United States but with an important caveat that is highlighted in the film: it allows for slavery and involuntary servitude to be used as punishment for those convicted of a crime

Barack Obama

this former president’s significance lies primarily in how his presidency is framed in relation to the ongoing issues of racial inequality and mass incarceration in the United States. while this person’s presidency marked a significant symbolic milestone as the first black president the film highlights the complexities and contradictions in his administration’s approach to racial justice and the criminal justice system

Bill Clinton

this former president’s significance is framed around his presidency’s role in the escalation of mass incarceration and the racial disparities in the criminal justice system; the film critiques the policies enacted during his time in office especially the 1994 Crime Bill, which is seen as a key factor in the rise of mass incarceration and the over-policing of Black and brown communities

Bryan Stevenson

a prominent figure who advocates for racial justice and works to address the flaws in the U.S. criminal justice system; he works as a lawyer and social justice activist to combat mass incarceration and challenge the systemic racial disparities

Civil Rights Movement

critical period in the history of racial justice in America but the film also argues that the struggle for equality did not end with the victories of the 1960s; instead the film suggests that this movement made significant strides, many of the systemic forms of racial control and discrimination against black americans persisted and evolved

Convict Leasing

a historically significant practice that emerged after the abolition of slavery and became a key element in the economic exploitation of black americans; this term was used as a way to circumvent the abolition of slavery by exploiting the labor of black prisoners particularly in the post-Civil War South

Donald Trump

the former president is discussed primarily in the context of his role in the political climate and the criminal justice system; not a central figure in the film, but his role is significant when exploring themes like racialized politics, law and order rhetoric, and the criminalization of Black communitites

Jim Crow

a legal caste system (based on racial segregation) found primarily in the Southern United States; laws sought to enforce and control segregation - “separate but equal”; “literacy tests,” “property tests,” and “grandfather clause” all instituionalized racial segregation

Michelle Alexander

civil rights lawyer, legal scholar and activist; J.D. from Stanford and tenured appointment in law; served as director of the racial justice project, ACLU

New Jim Crow

racially constructed and applied laws have institutionalized a new caste system; largely motivated by the US “war on drugs”; non-violent offenders left as “second-class citizens”; denied very rights won in the civil rights movement

Racial Caste

central to the film’s exploration of the systemic oppression of Black Americans; this term is used to describe a societal structure in which racial hierarchies are maintained, keeping African Americans in a subordinate position through laws, policies, and institutions, even after the formal abolition of slavery

Slavery

not only addressed as a historical institution but also as a concept that has evolved and persisted in different forms throughout American history. The film explores how the 13th Amendment, while abolishing slavery, included a critical loophole that allowed slavery to continue under the guise of criminal punishment. This forms the central argument of the documentary: that the legacy of slavery has been perpetuated through systemic racism in the criminal justice system.

Voting Rights Act

discussed as a pivotal piece of legislation in the struggle for civil rights and equality. The film highlights its importance in addressing systemic disenfranchisement of African Americans, particularly in the South, while also critiquing how gains made by the Act have been undermined in more recent years.

War on Drugs

presented as a central policy initiative that significantly contributed to the rise of mass incarceration in the United States. The film examines how this campaign, launched in the late 20th century, disproportionately targeted Black and brown communities and perpetuated systemic racism within the criminal justice system.