Social Class Final

What is Due Process? And give an example of how it applies to an individual going through each stage in the CJS.

• Due process means when an individual is going through the process and the government is adhering to their constitutional rights.

  • Due process in an arrest would be to be Mirandized especially before interrogation. For trial, they have the right to counsel, speedy-trial, jury trial, and fair trial. For sentencing, their punishment should not be inhumane as outlined in Amendment 8 (no cruel or unusual punishment).

Discrimination often occurs in everyday places. Name two locations and give an example of how it happens in each.

• Workplaces: Unequal pay based on gender.

• Housing: Denying rentals based on race or ethnicity.

What is discretion? Identify one example for each discretion influencer within and outside.

• “The freedom to decide what should be done in a particular situation.”

• W: gender, religion, SES, …

  • O: offense characteristics, jurisdiction, time of day/year, …

What was revealed in the NYPDs Stop and Frisk study (2003-2023)?

The NYPDs 20-year Stop and Frisk study revealed significant racial disparities: 90% of stops targeted people of color, with Black and Latinx individuals disproportionately stopped and more likely to face arrest and incarceration.

How has crack cocaine sentencing disparity impacted recidivism rates?

The 1986 Anti-Drug Abuse Act made penalt8ies for crack cocaine 100 times harsher than powder cocaine, which led to way more people being incarcerated for crack offenses, especially in marginalized/low SES communities. Spending more time in prison made it harder for people to reintegrate, which increased recidivism.

Describe in detail the Madrigal v. Quilligan case.

This class-action lawsuit involved 10 Mexican American women suing Los Angeles County USC Medical Center. They alleged that medical staff coerced them into sterilization without informed consent during labor, often after being medicated and using English-only consent forms. The court ruled the charges unfounded, citing a “communicatio9n breakdown” and stating the doctors acted in the patient’s best interest. The judge deemed the procedures consensual since the forms were signed, despite claims of emoti9onal distress due to cultural expectations of having large families.

How does racism persist in the Criminal Justice System?

• Disproportionate minority contact

• Stop and frisk (focusing on POC)

• Racial profiling

• Police brutality\

The Constitution outlines the ____ and ____ of individuals, while placing limitations on the ___.

The Constitution outlines the RIGHTS and PROTECTIONS of individuals while placing limitations on the GOVERNMENT.

What is a legal factor and a extralegal factor?

Give one example for each.

• LF: Factors considered relevant and legitimate to the offense and subsequent punishment. (E.g., criminal history…)

  • EF: factors considered irrelevant and illegitimate to the offense and subsequent punishment (e.g., race…)

Provide an example of gender inequality and a brief explanation.

• Numbers: Statistically women are the majority of the population, yet considered a minority.

What are the five basic parts of Criminology?

• Study of the nature and causes of crime.

• Offender treatment

• Theories of criminal behavior

• Criminal Law

• CJS Process

What is the difference between misogyny and misandry?

Misogyny refers to organized, institutionalized, and normalized hostility and violence toward women, while misandry refers to the same directed at men.

Why are police departments often called ‘Quasi-Military’?

Military gears, training, and tactics that were given to cops.

What is the difference between racism and systemic racism?

• Racism involves prejudice or discrimination by individuals, groups, or institutions against someone based on race.

• Systemic racism includes policies and practices embedded in society that create ongoing advantages for some groups and unfair treatment for others.

What is the Gay Panic Defense?

The Gay Panic Defense claims violence was due to unwanted same-sex advances, often criticized for excusing violence against LGBTQ+ people and banned in some states.

What is one social trait associated with femininity and one with masculinity?

F: Maternal, subservient, more emotional

M: Physically strong, chivalrous, promiscuous

What percentage of felony convictions are the result of plea bargain?

Over 90% jurisdictionally. (97%)