Law and Inequaliy- PSCI 3271

What makes the "triad of dispute resolution" (A, B, and a judge) most problematic in the context of criminal law?

One party is the government (the state) , making it easy for defendants to feel railroaded as both the prosecutor and judge work for the state. The process is inherently somewhat adversarial and coercive

What are two strong incentives that work against judicial reform in criminal law, especially at the local level?

1)Court/Police/Prosecutor Relationships

2) Pressure to be Tough on Crime

Court/Police/Prosecutor Relationships

Local judges often assume good faith from other actors and prioritize efficiency over fairness. Local judges are often former DAs.

Pressure to be Tough on Crime

Judges, especially elected judges (even non-partisan ones), feel pressure to prioritize imposing order and punishing legitimate criminals.

What is the fundamental problem described in Feeley's The Process is the Punishment (1979)?

The legal process itself is costly and complicated , so criminal defendants are highly motivated to end the process (e.g., by pleading guilty) even at the cost of their rights/freedom

List two pretrial processes that impose costs and pressure defendants to plead guilty.

1) Pretrial Detention/Bail

2) Securing an Attorney

Pretrial Detention/Bail

Defendants may be locked up. Bail is expensive, and pleading guilty sidesteps this cost

Securing an Attorney

Even for public defenders, the process involves time and effort to qualify, leading to major delay, which many defendants cannot afford or navigate.

How does the high cost of the legal process limit the effectiveness of appellate courts?

Defendants choose easy off-ramps (like plea bargains) rather than fight. Most outcomes are determined by police and prosecutors before a judge even comes into play, limiting the types of cases appellate courts see.

What is a modern reform effort that addresses the problem of "the process is the punishment" by mitigating the burden of the process?

Bail reform movements that eliminate or reduce the use of cash bail.

What was the finding of the Curran (1977) ABA study that created a "puzzle" for the legal community?

People used attorneys at high rates for obvious matters (divorce, probate) but at very low rates for things like employment discrimination (1%) and violations of constitutional rights (10%). It also found poor people were substantially less likely to use legal services.

What is "Individual Legal Consciousness"?

People's awareness that certain personal grievances can be viewed as legal issues, and therefore have legal solutions

How does the case of workplace sexual harassment illustrate the importance of individual legal consciousness?

Despite legal protections existing, there is a gap between 'I don't like this/this is wrong' to 'this is illegal'. High-profile events (like the Anita Hill allegations ) and social conversations are needed to diffuse the terminology and translate the grievance into a legal claim

What is the core idea of the "Hegemonic" or critical perspective on Legal Consciousness (associated with Silbey and Sarat)?

Law is viewed as a force that reinforces existing social arrangements and diminishes people's understanding of the possibilities for change and disempowers them. For ordinary people (especially the poor/disadvantaged), law is often seen as static, impersonal, and arbitrary, ratifying their subordinate social status.

What non-legal cultural phenomenon has made the Miranda warning one of the most widely known legal concepts?

TV police dramas, which have done far more to popularize it than any group activity could, embedding it into the national culture.