SOC Exam 2

Different angles to study Criminal Legal System

w/ is the changing nature of social control, who is being processed/punished, w/ are consequences of CLS entanglement, w/ and when is something labeled as a sp and why are other aspects not

adult jail system focuses on…

protecting society and accountability by punishment

juvie system focuses on…

accountability and rehab = less punishment

juvie institutions aim to…

punish and deter crime

juvie decision makers

judge, prosecutor, defense attorney, probation

juvie process

arrest = prosecution = trial = sentencing = review of hearings

sentencing options

community service, probation, prison, fines

RRI (Relative Rate Index)

measure of rate of racial disparity between white youth and youth of color

Howie Becker

created labeling theory, studied marijuana process, also thought of how ppl became labeled by society

labeling theory

ppl who are stigmatized w/ the label of deviant or criminal are likely to take on deviant identity and become more deviant than if they weren’t labeled

Shaw and McKay studied…

social disorganization of communities, believed that sp's not due to defiant ppl but social disorganization, and social changes which overwhelm society

social disorganization theory

a social system is described as socially disorganized if social interaction is disordered, lacks social cohesion, or if there is a breakdown in social control

Mass Incarceration

dramatic increase in numbers of ppl who were arrested, convicted, and incarcerated since early 1970’s in U.S

federal law

created at national level (congress) applies to entire nation and US territories

state law

created at each US state level (legislature) and is applicable in that specific state

common federal offenses

tax evasion, murder, treason

ways we can examine mass incarceration data

geographic comparisons, stages of discretion(arrest, offense), characteristics of population(race, ethnicity, gender)

disproportionality

over-representation of a particular group relative to the numbers of that group in the general population

disparity

racial or ethnic inequality that results from criminal justice practices or policies

potential reasons for disparities

different crime commission rates(actual crime vs who is convinced), structural racism, bias (unconscious or conscious)

consequences of being in CLS

most incarcerated have families, psych problems/anti social behavior, higher rates of depression, lack of civil incorporation, and lower employment and earnings

Chris Uggen & Jeff Manza

wrote “locked out", noted that in many states 1 in 4 black men can’t vote which affects US senate elections

different ways we can understand why mass incarceration happens

purported causes: crime rates, drug markets, poverty, unemployment

different ways we can study the outcome of mass incarceration

(social constructionist view) how were laws created and amended before and during mass conviction, what were claims, who were claims makers

latent function

an unintended, hidden, or unrecognized consequence of a social activity, policy, or institution

manafest function

obvious or intended purpose of a social structure

3 strikes

criminal conviction on 3 separate occasions = automatic life sentence

Monetary sanctions

financial fees ordered by a court or government as consequence for an offense or legal violation

monetary sanctions & LFO’s…

tether ppl to a criminal legal system

The punishment continuum

the variation in policies and procedures that make up a local system of monetary sanctions (county’s location on continuum based on factors determining sentence length and court norms used to interpret and apply legal concepts)

Stratifying Mechanism

monetary sanction process perfectly labels, stigmatizes, financially burdens, and imposes further legal consequences on poor ppl

Ferguson, Missouri

Michael brown killed by police officer, DOJ later investigated and discovers that the city heavily relied on traffic tickets, fines, and fees to generate revenue (disproportionately targets black ppl)

“debt blocks”

King County neighborhoods w more poverty have more debt per resident from LFO’s

Key findings from “A Pound of Flesh”

1.LFO’s are spatially concentrated, 2. higher poverty neighborhoods = higher LFO burdens, 3. LFO’s are associated w increase in future poverty rates (association stronger in non-white areas)

Critical Race Theory

an academic and legal framework stating that racism is not just the product of individual prejudice, but is built into everyday laws, policies, and institutions

Critical Race Theory suggests Criminal Legal System is…

designed to enforce white values/norms, process unequal distribution of punishment, social control, and resources, and that monetary sanctions are a system of oppression

summary of findings on LFO’s and Monetary Sanctions

causes financial constraint, emotional strain, family stress, wealth extraction, and increasing disadvantage