Midterm SOC

Q: Who was Nils Christie?: A criminology professor (1928-2015) known for criticizing drug prohibition industrial society, and prisons. Q: What major issue did Christie first write about extensively? Mass incarceration. Q: What was Christie's main link in explaining mass incarceration? The connection between late modern social relations, industrial logic, and historical institutions like concentration camps and gulags. Q: When was his work revised and reissued? Revised in 1999 and reissued in 2017. Q: Which country leads in incarceration rates? The United States. Q: What did crime trend studies in the US show since 1960? Incarceration increased sharply after 1984 even while crime and homicide rates decreased. Q: Do countries with high homicide rates match those with high incarceration rates? No — for example, Jamaica has the highest homicide rate, but El Salvador has the highest incarceration rate. Q: What does this mismatch suggest? Crime rates do not directly determine incarceration rates. Q: What was Christie's view on crime? Crime is socially constructed — it exists within a legal and institutional framework, not as an objective reality. Q: What does Christie mean by "claiming harm is a crime"? It's a process of sense-making within a social and legal context; not all harm is legally recognized as crime. Q: What happens when social distance increases? People are more likely to label harm as crime and support impersonal, punitive punishment. Q: What is the role of power in defining crime? Powerful groups and institutions shape what counts as crime. Q: What does Christie mean by "conflicts have been stolen"? The CJS has taken conflicts away from victims and offenders, turning them into cases between offender and the state. Q: What was his critique of this process? It removes opportunities for resolution, empathy, and healing between victim and offender. Q: Example of a socially redefined act? Photography was once criminalized for fear of disrupting order; now it's an accepted, valuable practice. Q: What are institutions according to Christie? "Rules of the game" — established norms and structures that shape human behavior. Q: What are examples of broad institutions? Economy, family, education, welfare state, and legal system. Q: What are examples of concrete manifestations of institutions? Social policies (like welfare programs) and criminal law. Q: What does "social system" mean? The totality of institutions working together as an interconnected whole. Q: How does the type of institutional order affect crime? Different institutional arrangements produce different kinds and levels of crime. Q: Why is crime considered "normal"? Because any society with rules will have rule-breakers — deviance is inevitable. Q: What happens when institutions change? The nature and rate of crime also change. Q: What does Christie mean by "we have a choice"? Societies choose how much to use incarceration to maintain social order — punishment levels reflect values, not necessity. Q: What is Christie's stance on punishment? Punishment is a moral and social choice, not simply a reaction to crime. Q: What does industrialization generate? Disorder, inequality, unemployment, and social distance — all conducive to crime. Q: How does industrialization create a labor surplus? Machines replace human workers, leading to unemployment. Q: How does society manage the fallout of industrialization? By expanding the crime control industry (e.g., prisons) to manage and contain marginalized groups. Q: How does the prison industry serve society economically? It provides stable jobs for workers (officers, construction, food services, etc.), making it a permanent part of the economy. Q: What happens to informal social control in industrialized societies? It declines — people in cities become strangers, reducing community enforcement and empathy. Q: Who is the "ideal offender" in Christie's argument? A dangerous stranger from outside the community, symbolizing fear and distance. Q: What does Christie say about Western societies? They have unequal wealth distribution and lack of jobs, leading to mass imprisonment as social control. Q: How does Christie describe crime control? As a permanent war with "weapons of control." Q: When does imprisonment expand the most? During times of inequality. Q: What limits should define crime control? Ethical limits, not industrial or economic ones. Q: What did Georg Simmel mean by "the stranger"? Someone who lives within society but remains socially distant, weakening community bonds. Q: What causes the loss of "honor crimes"? Modern mobility and anonymity reduce the importance of reputation and honor. Q: What is Christie's view of "natural crime"? He rejects it — crimes are socially created, not universal moral facts. Q: What does Christie mean by "law as receiver of leftovers"? Courts only deal with the cases that pass through other filters; they don't represent all conflicts. Q: What does Christie warn about defining more acts as crimes? It creates unlimited potential for social warfare against unwanted acts. Q: What is the strongest form of state punishment? Imprisonment. Q: Which region has the lowest imprisonment rates in Europe? Iceland (about 40 per 100,000). Q: Which countries had the highest imprisonment rates in Europe? Portugal, the UK, and Spain. Q: Which region had extremely high rates in the 1990s? Russia (distinction between prisons and colonies, both harsh). Q: What is notable about U.S. imprisonment? Around 709 per 100,000 in the 1990s, with about 6.2 million under penal control. Q: Who makes up most of the U.S. prison population? 90% male, mostly under 44 years old. Q: What does Christie say imprisonment rates reflect? Social, political, and economic choices — not actual crime levels. Q: What are Christie's core arguments? Crime is socially constructed — harm exists, crime is a label. Conflict belongs to the parties — but the state takes ownership. Punishment levels are a choice — not tied to crime volume. Industrialization drives inequality, unemployment, and imprisonment. Prisons function as industry — managing surplus people and providing jobs. A just society values mercy and reconciliation over punishment. What did Simmel mean by "The Stranger"? A person physically present in a community but not an organic member — close yet distant — creating social distance that weakens informal social control. How does modernization affect informal social control? Urbanization and mobility increase anonymity, weakening community ties and tolerance for deviance; more behaviors become criminalized. What happens when conflicts arise in modern societies? They're often handled by legal professionals and the criminal justice system instead of community-based resolution. How does "the stranger" affect perceptions of crime? Offenders seen as strangers are viewed as more dangerous and less human, making severe punishment easier to justify. What role does modern economics play in crime and exclusion? Industrial capitalism creates a "labor surplus" — unemployed or underemployed groups who become marginalized and vulnerable to criminalization. What happens when surplus populations are excluded from production? They're excluded from the "moral community," seen as outsiders who threaten social order. How do modern societies justify exclusion? Through meritocracy — framing success or failure as personal responsibility rather than structural inequality. How did modernization change the function of the state? The state's role shifted from moral authority to managing risks, crime, and social disorder. What happens to collective solidarity in modernity? It weakens as people focus more on individual responsibility and self-management. Why does the modern state expand its surveillance and control mechanisms? To compensate for the loss of informal social control and maintain social order through formal institutions. What is Garland's main argument in The Culture of Control? That late modern societies have shifted from rehabilitative justice and welfare-based social control to punitive, exclusionary, and risk-oriented crime control strategies. What caused the shift in crime control according to Garland? Social, economic, and cultural transformations such as deindustrialization, globalization, weakened welfare states, and heightened public insecurities. What does Garland mean by "late modernity"? A period characterized by rapid social change, economic insecurity, and weakened traditional institutions that once maintained informal control. How did public perception of crime change in late modernity? Crime became seen as an inevitable and permanent social problem rather than something solvable. What is the "criminology of the other"? A mindset that views offenders as dangerous outsiders — fundamentally different from "us" — leading to harsher punishments and less empathy. What is the "criminology of the self"? A rehabilitative view that sees offenders as products of their environment and capable of reform. What caused the decline of the "criminology of the self"? The rise of mass media, political populism, and public fear that demanded tougher punishment and protection over rehabilitation. How has the public's role in crime control changed? The public became active participants through neighborhood watch programs, surveillance, and political pressure for punitive policies. What does Garland mean by the "crime complex"? A set of shared beliefs in late modern societies that crime is both inevitable and intolerable, producing constant fear and demand for control. List the seven features of the crime complex. 1) High crime as normal 2) Emotional investment in crime 3) Politicization of crime 4) Victim-centered discourse 5) Belief that justice system is failing 6) Private defensive routines normalized 7) Institutionalized crime consciousness. What effect does the crime complex have on policy? It drives punitive, populist politics focused on control, surveillance, and imprisonment rather than social reform. How did politics change in response to the crime complex? Political parties compete to appear "tough on crime," making punitiveness a central electoral strategy. What is meant by "responsibilization strategy"? The government shifts responsibility for crime prevention from the state to individuals, communities, and private sectors. Give an example of the responsibilization strategy. Encouraging citizens to install home security systems, report suspicious behavior, or self-police through neighborhood watches. How did the welfare state relate to crime control in the past? It focused on addressing root causes like poverty and inequality through social programs. How does the modern state now handle crime? Through control-oriented, risk-management policies that prioritize security over rehabilitation or social welfare. What is the "new culture of control"? A late modern pattern of governance where punishment and surveillance replace welfare and rehabilitation as main tools of social order. What does Garland suggest about democracy and social justice under this new culture? That democratic values may erode when social justice is abandoned for control and exclusion. What is the main function of prisons or jails? Institutional confinement of offenders, typically reserved for serious crimes or those considered a risk to society. How does Christie critique prisons? He views them as expensive, often ineffective for rehabilitation, and part of a growing industrialized system feeding on social problems. What is parole? Conditional release from prison under surveillance, allowing reintegration into society while still controlling behavior. What is Christie's critique of parole? It often extends state control beyond prison walls by keeping ex-prisoners under monitoring. What is probation? Non-custodial supervision in the community where an offender avoids prison but must comply with conditions. How does Christie view probation? As part of a wider penal industry, but potentially more humane and less socially disruptive than incarceration. What real-life example illustrates harsh sentencing under "tough on crime" laws? Travis Bourda received life without parole in Louisiana for marijuana possession due to the "three strikes" law. What percentage of U.S. residents will serve time in state or federal prison during their lifetime? 5.1%. What percentage of the world's incarcerated population does the U.S. hold? About 20%, despite having only 5% of the world's population. What are some consequences of imprisonment? Limited job opportunities after release — even low-skill jobs like landscaping or well drilling can be inaccessible. When did the industrialization of crime control begin? In the 1960s. What social conditions fueled public concern over crime in the 1960s? Rising urban crime rates, civil rights movements, race riots, and antiwar protests. What was the "Southern Strategy"? A political strategy where southern politicians framed "law and order" to appeal to white voters resisting civil rights reforms. How did the Southern Strategy affect crime policy? It politicized crime control and legitimized mass incarceration as a policy choice rather than a response to actual crime rates. What did Nixon argue about crime and society? He warned that if crime rose, the U.S. would become a "barbaric jungle" and urged harsher policing to reduce crime. What did Nixon claim would reduce crime more effectively than welfare spending? Doubling the conviction rate. How many federal criminal laws and regulations exist? About 4,500 federal laws and 300,000 regulations with criminal penalties. What states significantly expanded criminal codes between 2010-2019? Pennsylvania (+135%), and on average North Carolina, Michigan, Oklahoma, South Carolina, and Minnesota added 42 new crimes annually. How did the War on Drugs affect incarceration rates? It caused a 1,000% increase in drug charges from 1980-2018. How did the share of the prison population for drug offenses change? It grew from under 20% in 1970 to over 50% today. How much did prison capacity increase since 1970? About 430%. How much did jail capacity increase since 1980? Fourfold. What other correctional measures increased dramatically? Probation increased 390%, and parole increased 475%. What is a major issue with probation and parole increases? Caseloads expanded from 50 to 150-200 cases per officer, straining supervision quality. Why is the prison system expensive? It requires large funding for infrastructure, food, furniture, construction, and staff — essentially an entire industry. What did the 1984 Sentencing Reform Act change? It replaced indeterminate sentencing with determinate sentencing and introduced mandatory minimums and "truth in sentencing." What is "truth in sentencing"? Laws requiring offenders to serve most of their sentence before being eligible for release. What is "charge stacking"? Prosecutors piling multiple charges to pressure defendants into accepting plea bargains. What percentage of federal cases go to trial? Only about 5%; most are resolved by plea bargains. How did sentencing reforms shift power? From judges to lawmakers and prosecutors, leading to harsher and longer sentences. What caused increased parole violations? New laws that criminalized more acts and imposed stricter parole conditions. What happened to annual release rates? They decreased as release became harder and required perfect behavior. How did average time served change? It increased because prosecutors and judges imposed longer sentences to appear "tough on crime." What is the typical way of viewing crime control? As a natural and necessary reaction to crime, assuming it is straightforward and justified to maintain order. How does Christie challenge the traditional view of crime control? He argues crime control is not neutral or avoidable but shaped by political, economic, and cultural factors serving powerful interests. What example shows crime control as profit-driven? The prison industrial complex, where incarceration expansion serves economic and political agendas rather than public safety. What was the purpose of penal labor historically? To provide cheap or free labor to meet economic demand when wages were high. How does Christie describe the modern penal system? As an industrialized and expanding system feeding on social problems rather than solving them. What does "penal industry" mean? The system of prisons, probation, and parole functioning like an industry that profits from controlling offenders. What does Christie criticize about probation? While humane compared to prison, it still extends state control and surveillance over individuals in the community. How does Christie view parole? As conditional release that reintegrates offenders but also expands the penal net beyond prison walls. What is the broader social consequence of incarceration? It creates permanent exclusion by limiting employment and citizenship opportunities for ex-prisoners. How does the U.S. compare globally in incarceration rates? The U.S. has about 5% of the world's population but around 20% of its incarcerated people. What historical period set the stage for crime control industrialization? The 1960s, marked by rising crime, civil rights movements, race riots, and war protests. What was the "Southern Strategy"? A political approach using "law and order" rhetoric to appeal to white voters resistant to civil rights reforms. What effect did the Southern Strategy have on policy? It made mass incarceration a political choice rather than a response to actual crime rates. What did Nixon argue about crime control? That increasing conviction rates would reduce crime more effectively than addressing poverty. How did the War on Drugs impact incarceration? It caused a 1000% increase in drug charges between 1980-2018 and made drug offenders over 50% of the prison population. What are the costs of increased prison capacity? It requires major funding, labor, and infrastructure—turning incarceration into a large economic sector. What was the impact on probation and parole caseloads? They skyrocketed, with each officer supervising 150-200 cases instead of 50. What sentencing changes came from the 1984 Sentencing Reform Act? Shift from indeterminate to determinate sentences, introduction of mandatory minimums, and "truth in sentencing." What is "charge stacking"? Prosecutors pile multiple charges to pressure defendants into accepting plea bargains with lesser sentences. How common are plea bargains in federal cases? About 95% of federal cases are resolved by plea bargains, not trials. What power shift occurred due to sentencing reform? Power moved from judges to lawmakers and prosecutors, increasing harshness and limiting judicial discretion. What happened to parole and release rates? Annual release rates decreased as perfect behavior became necessary for eligibility. What happened to average time served? It increased because prosecutors and judges imposed longer sentences under "tough on crime" policies. What is an ideal type? An abstract, hypothetical concept used to analyze social processes, closely related to sociologist Max Weber. How does Christie conceptualize the process of justice? As a system aiming for either efficiency or balance rather than defining what justice should be. What is Village Law? A form of justice in small, close communities where everyone participates in decision-making and there's no central authority. How are decisions made in Village Law? Through consensus and discussion; justice depends on community agreement. What type of solutions are common in Village Law? Civil solutions like compensation or compromise instead of punishment. What is the goal of Village Law? To resolve conflict and maintain relationships rather than to punish. What are the weaknesses of Village Law? It can be biased, favoring those with power or strong social ties, often disadvantaging women, minorities, and the poor. Who tends to have power in Village Law systems? Landowners and those who contribute most to community cohesion. What is Representative Law? A system influenced by elected officials and lawmakers where political and electoral interests shape justice. How can bias occur in Representative Law? Judges and lawmakers may cater to voters or influential groups instead of fairness. What does "justice by mob" refer to? When public opinion or majority influence outweighs fairness, often favoring powerful social groups. What is the difference between normative and populist functions of law? Normative is principle-based ("theft is wrong"), while populist is rigid and rule-based (set punishments for specific offenses). What is Independent Law? A hybrid between Village and Representative Law emphasizing an independent judiciary to ensure fairness. Why is judicial independence important? It prevents political influence and preserves fairness through separation of powers. What role do judges play in Independent Law? They interpret and apply laws codified by elected lawmakers while weighing the intent and specific circumstances of each case. What was sentencing like before reforms? Indeterminate, with judges using broad discretion to tailor punishment to each individual case. What was the liberal critique of indeterminate sentencing? It created sentencing disparities, where similar crimes could receive very different punishments. What was the conservative critique of indeterminate sentencing? It was too lenient, allowing offenders to receive lighter sentences. What was the proposed solution to these critiques? Determinate sentencing, with fixed or limited sentencing ranges. What is determinate sentencing? Sentencing with established minimums and maximums, reducing judicial discretion. What are sentencing guidelines? Federal or state ranges providing suggested sentences for specific crimes. What is a mandatory minimum sentence? A law setting the lowest possible punishment judges must impose for certain crimes. What are mandatory sentences? Fixed punishments with no range, sometimes with add-ons for aggravating factors or criminal history. What does determinate sentencing require? That offenders serve a minimum percentage of their sentence before release. What is depersonalized justice? A justice system that excludes most social and personal factors to create consistency and avoid bias. What factors are excluded under depersonalized justice? Age, education, mental health, family ties, race, sex, religion, and socioeconomic status. What is the goal of depersonalized justice? To ensure equal treatment under the law, though critics say it removes human context and understanding. What is plea bargaining? A process where prosecutors and defendants negotiate a deal in which the defendant pleads guilty to lesser charges. What is charge stacking? Prosecutors filing multiple overlapping charges to pressure defendants into accepting plea deals. What is the consequence of widespread plea bargaining? About 95% of federal cases end in plea deals, reducing trials and encouraging confessions. What does a "confessionary system" mean? A justice system that relies on defendants confessing guilt to keep the system running efficiently. What was one major consequence of sentencing reform? Power shifted from judges to lawmakers, giving politicians more control over crime definitions and punishments. How did power shift to prosecutors? They gained control over charging decisions, effectively determining sentences through plea bargains. What is depersonalization in sentencing? Treating crimes and offenders abstractly by focusing only on the act and criminal record, not the person's background. What is the social consequence of depersonalization? It increases distance between citizens and the justice system, fostering distrust and stigma toward offenders. How has justice adapted under managerial ideology? It became fast, efficient, standardized, and predictable—prioritizing system management over individual fairness. What do European homicide trends show over time? Mild increase around 1300, a steep decrease afterward, another sharp rise in the mid-1300s, and a long decline through 1800-2000 as violence decreased. Why was the Middle Ages considered violent? It was marked by group conflict, factionalism, and deadly disputes like sword fighting among citizens and students. What are the four basic institutional types according to Osterberg? Production, Reproduction, Politics and Power, and Culture. What is the function of production institutions? To produce goods, services, and economic value with efficiency and profitability as core principles. What is the function of reproduction institutions? To ensure biological and social continuation through families, schools, and child-rearing systems. What is the function of politics and power institutions? To regulate collective decision-making, enforcement, and control through government and law enforcement. What is the function of cultural institutions? To promote understanding, ethics, and reflection through education, religion, art, and philosophy. How does Christie apply Osterberg's framework? He argues modern law shifted from cultural to production and power institutions, losing its moral and reflective role. According to Christie what should law express?, Shared human values, empathy, morality, and reflection, not just bureaucratic control. How does the Holocaust illustrate an extreme institutional type? It was a highly rational, bureaucratic, and professional system used for mass murder. What did bureaucracy contribute to the Holocaust? It organized mass killing through hierarchy, clear rules, and paperwork, treating extermination as an administrative task. What was the managerial mindset during the Holocaust? A focus on duty and efficiency that excluded moral judgment from decision-making. How did professionalism enable moral distance? Division of labor made individuals focus only on their tasks, avoiding personal responsibility for the consequences. How did technology enable industrialized killing? Gas chambers, trains, and crematoria turned extermination into logistical, industrial operations. What was the ideological framework of the Holocaust? Social Darwinism and medical analogies justified genocide as "biological hygiene." How did medicine play a role in Nazi ideology? Jews were portrayed as a disease, and doctors framed killing as a medical treatment to "cure" the nation. Why does Christie say the Holocaust was not a breakdown of civilization? It was a functioning modern system showing how bureaucracy and rationality can enable atrocity when divorced from morality. What warning does Christie give about modern societies? They retain bureaucratic principles that can lead to moral indifference, especially in the criminal justice system. What does bureaucracy in the Holocaust teach us? Ordinary people, through structured organization, can commit atrocities under rational and administrative guidance. What is the danger of professional specialization? It creates efficiency and competence but removes empathy and moral awareness. What is meant by "seeing the particular not the whole"?, Professionals focus only on their limited tasks, ignoring the broader moral consequences of their work. How did Social Darwinism support Nazi ideology? It merged ideas of racial superiority with biological science to justify domination and extermination. Why were doctors central in the Nazi system? They legitimized killing as medical procedures, transforming murder into "treatment." What was the effect of the professional frame on genocide? It disguised moral atrocity as clinical or administrative work, normalizing evil. How does Christie connect these ideas to modern criminal justice? He argues that modern bureaucratic justice systems replicate the same efficiency-driven, morally detached logic. What is the "problem of the dangerous class"? The tendency to view certain social groups as threats that must be controlled or excluded. How does law become a utility in modern systems? It is used as a tool of management and control rather than an expression of moral and ethical principles. What does it mean that law acquires the rationality of industry? Justice becomes standardized and procedural, focusing on managing populations like an assembly line. How does law legitimize mass incarceration? By framing punishment as deserved ("just deserts") and morally justified within democracy. What is the "common core" of human experience according to Christie and Cooley? Our shared vulnerability and dependency, especially in childhood, which builds empathy and moral awareness. What is "proto-law"? The instinctive sense of right, wrong, fairness, and care learned through human relationships and empathy. What is altruistic suicide (Durkheim)? When individuals sacrifice themselves for others, reflecting social closeness and moral responsibility. What limits human empathy and moral concern? Emotional and physical distance, extreme conditions, and professional detachment. How can professional training reduce empathy? It focuses on rules, specialization, and efficiency, replacing moral judgment with procedure. What does Christie mean by "reinventing law"? Law must be continually reshaped based on shared human values and lived moral experience. What is the role of natural law in Christie's view? It allows communities to deliberate together and revise standards based on common humanity. What is the cultural approach to sentencing? Sentencing should uphold shared values and moral standards, not serve bureaucratic efficiency. What is the "shallow path" to justice reform? Superficial diversity in representation that doesn't ensure moral compassion or empathy. What is the "deeper path" to justice reform? Substantive representation that embodies moral reasoning and the common core of humanity. Why is separation of powers important to Christie? It maintains moral balance by dividing responsibilities between lawmakers and judges. What does Christie argue about modernization and the Holocaust? Modernization didn't cause the Holocaust but provided tools and systems that made it possible. What is the moral question Christie leaves us with? How should society define suitable punishment and justice in ways that reflect moral responsibility rather than efficiency? Who is David Garland? Professor of law and sociology, major influence on sociology of punishment, focusing on modernity, governance, welfare/social policy, and the criminal justice system. How does Garland differ from Christie in scope? Christie focuses on industrialization and prisons, while Garland examines modernization broadly, including policing, courts, prisons, parole, security, and reforms. What is the focus of Christie vs Garland? Christie: UK, industrial logic of punishment, prisons as solutions to social problems. Garland: comparative framework, modern societies, criminal justice as a social field. What theoretical approaches do Christie and Garland use? Christie: institutionalism, seeing institutions as semi-autonomous. Garland: weak structuralism and situated action, emphasizing human decisions and social pressures. What is the aim of Christie vs Garland? Christie: warning about industrialized control and moral indifference. Garland: understanding how modern criminal justice systems evolved. What is an institution? Patterns of behavior and norms that guide social life, providing scripts, routines, constraints, resources, motivation, and roles. Examples of large institutions? Welfare state, labor market, family, legal system. What is a field? A localized system of social positions and relations where actors interact based on rules and norms, influenced by habitus and capital. How do fields relate to institutions? Fields exist within and across institutions, connecting multiple social spheres like education, economy, and politics. What is the crime control field? A social field including formal criminal justice institutions (courts, police, prisons, parole) and their interaction with labor markets, family, and welfare systems. Who are the actors within the crime control field? Practitioners (police, probation officers), experts (criminologists), politicians, suspects, convicts, victims. What do actors compete for within the field? Resources, status, and influence over policy and practice. How are field rules structured? Through law, policy, routine, political rhetoric, and social norms, which constrain who can act or speak freely. How does society embed influence in the field? Race, gender, and class affect power, policing, and resource allocation. What questions guide the study of the CJS field? Rules of discourse and action, relationships with other social domains (welfare, politics, economy), and governance of modern society. What is Garland's "history of the present"? Examining how current criminal justice practices evolved from historical events and social constructions of crime and punishment. How does Garland use genealogy? Traces social lineages and historical practices to understand how the modern CJS emerged. What is an evolutionary account in Garland's framework? Social institutions adapt over time; selection is political, based on values, power struggles, and effectiveness, not natural necessity. Why does Garland reject functionalism? CJS does not follow a predetermined path; social change emerges from many individual decisions, not natural societal needs. What is weak structuralism? Social structures shape behavior but do not fully determine it. What is situated action? Individuals act within localized contexts, making decisions through practical problem-solving, creating patterns and strategies. How is the CJS shaped according to Garland? By political choices, administrative decisions, cultural sensibilities, and shared historical conditions. What is the Hobbesian Revolution? Philosophical and political rationale for a centralized state monopoly on justice, replacing private vengeance with controlled justice. What characterized pre-modern justice? Blood feuds and private vengeance, overlapping authorities (lords, church, guilds), public spectacle punishment, and compensation/sanctuary systems. What is Hobbes' state of nature? Perpetual violence where life is "solitary, poor, nasty, brutish, and short." What is Hobbes' solution to the state of nature? Individuals surrender the right to use violence to a sovereign, making private violence a crime. What were the three phases of building the criminal justice state (1750-1920)? Suppression: eliminate competing authorities centralize law-making. Construction: create professional police forces build prison systems, establish court hierarchies, professionalize judiciary. Consolidation: impose national standards require professional training, bureaucratic procedures, statistical monitoring. What are the early seeds of penal-welfarism? Gladstone report advocating prison reform, scientific understanding of crime, and viewing criminals as unfortunate rather than inherently evil. Which early policies reflect penal-welfarism? Probation Act (supervision instead of incarceration), Children Act (juvenile guidance courts), Prevention of Crime Act (prevent delinquency), Mental Deficiency Act (medical diagnosis for criminality). How did World War I influence modern psychology and criminology? Recognition of trauma (shell shock) showed environment shapes behavior, challenging ideas of inherent criminality, and legitimizing crime as a psychological problem. What were dominant early 20th-century criminological theories? Strain theory (gap between societal goals and means), Social disorganization (crime in poorly organized neighborhoods), Differential association (crime learned through social interaction). What methodological approaches emerged? Empirical research to identify causes, risk factors, population-level patterns, recidivism, and effectiveness of rehabilitation programs. How did the welfare state connect to crime control? Unemployment insurance and social security helped ex-offenders reintegrate, prison education and medical services, and shared assumption that state is responsible for citizen welfare. How were criminals conceptualized under penal-welfarism? As temporary wayward citizens capable of redemption, part of the social contract, deserving of investment in rehabilitation. How did the CJS function under penal-welfarism? Focus on individual offenders while welfare state addressed root causes, using scientific methods, individualized treatment, indeterminate sentencing, expert knowledge, and institutional reflexivity. What institutions supported this approach? Parole boards (discretion to release based on rehabilitation), education and vocational programs, juvenile guidance emphasis, professional class (social workers, psychologists, criminologists). What is "correctionalism as grammar of crime control"? Rehabilitation as the central goal, assuming state capacity to reduce crime, expert authority provides legitimacy, optimism for reform; failures seen as poor implementation rather than inherent flaw. How did criminal justice evolve from chaos to state control? Pre-modern: multiple authorities, private justice, public punishment, local variation. Modern: centralized, professionalized, standardized, science-informed system. What was Martinson's "What Works" study (1974)? Meta-analysis of 231 rehabilitation programs concluding that nothing works in reducing recidivism. What were the effects of specific rehab programs according to Martinson? Individual counseling: minimal impact; group therapy: inconsistent results; educational/vocational training: modest effects; intensive supervision: increased violations detected. Did Martinson later revise his conclusions? Yes, but the update came too late; the initial "nothing works" conclusion already shaped public opinion and penal policy. What was the impact of Martinson's study on penal policy? Delegitimized rehabilitation and undermined penal-welfarist frameworks, contributing to a shift toward punitive policies. Why did the shift away from rehabilitation occur? Broader social, economic, and cultural transformations: erosion of trust in state and expertise, rise of individualism and public skepticism, economic crises, rising crime, decline in faith in social reform. What is critical criminology? An approach questioning the neutrality of the CJS and traditional criminology, arguing that crime definitions reflect the values and interests of those in power. How did critical criminology critique rehabilitation? Rehab was seen as a form of control, enforcing middle-class norms under the guise of care ("soft coercion"). How did critical criminology view the state? The state was not benevolent; it maintained order and protected ruling class interests through reform programs. What critique did critical criminology make of individual pathology models? Crime is a symptom of social inequality and oppression, not individual defects. What were the consequences of critical criminology? Moral relativism (no absolute moral standards) and political radicalization (scholars advocating structural change). What was the liberal critique of rehabilitation? Rehab is coercive social control; indeterminate sentences give arbitrary power to experts, masking oppression. What was the conservative critique of rehabilitation? Rehab coddles criminals, is too lenient, ignores victims, and fails to punish offenders adequately. What paradox did these opposing critiques create? Both liberal and conservative critics concluded that rehabilitation should end, though for opposite reasons. What reforms followed the critique of rehabilitation (1975-1985)? Determinate sentencing acts (California 1976, Federal Sentencing Reform Act), rigid sentencing guidelines, reduced judicial discretion, parole abolished in many states, prioritization of deterrence and incapacitation. How did incarceration rates change? From ~200,000 in 1970 to ~1.9 million today. What distinction does Garland make between "how" and "why" in historical analysis? Standard accounts describe (how) reforms occurred; Garland seeks explanations (why) by examining social, economic, and cultural conditions. What are Karl Mannheim's three types of rhetoric? Progressive (reform/improve), Conservative (preserve), Reactionary (restore imagined past). Which conditions favored penal-welfarism? Consensus supporting rehabilitation, trust in professional expertise, stable communities, economic inclusion, and belief in state capacity. Why was the 1970s ripe for transformation in penal policy? Economic shifts (deindustrialization, tech growth), fiscal crises, rising crime rates, urban upheaval, civil rights challenges, cultural focus on individualism, and media transformation of crime perception. What is Garland's theory of historical change? General causes create conditions of possibility; historical accidents provide timing and direction; ideas matter only when structural conditions are receptive; agency operates within structural parameters. What is the Hobbesian state? Hobbes argued that before the state, life was chaotic, violent, and short; individuals gave up the right to violence to a sovereign in exchange for protection, order, and justice. What does Garland call the Hobbesian state? A myth, because modern states cannot fully deliver peace and justice despite public expectation. Why has crime become normalized? Persistent high crime rates over decades make it an expected social fact; citizens manage their own risk via private security, alarms, and risk-conscious behavior. Why does criminal justice expansion not equal crime reduction? Structural conditions, urbanization, social inequality, and consumer culture make it impossible for the state to fully eliminate crime. What is the "field's impossible position"? Public expects low crime based on past conditions, but structural limitations prevent complete prevention; democratic accountability demands quick results. Which policies/practices recognize the myth of state sovereignty? Electronic monitoring, 911 calls, value thresholds for theft, neighborhood watch, private prison contracting. Which policies/practices deny the limits of state sovereignty? Three Strikes laws, Megan's Law, Supermax prisons, zero-tolerance policing, death penalty expansion. What are the two logics guiding crime control? Criminology of the Self (everyday life) and Criminology of the Alien (Other). Criminology of the Self: key points? Offenders are rational like us, focus on risk management, situational prevention, harm reduction, efficiency, adaptive strategies; actors include CJS professionals and academics. Criminology of the Alien: key points? Offenders are dangerous and different, focus on incapacitation, punishment, moral condemnation, sovereignty; actors include politicians and media. Which policies align with Criminology of the Self? Neighborhood watch programs. Which policies align with Criminology of the Alien? Three Strikes laws, zero-tolerance policing, death penalty expansion, Megan's Law. What are adaptive strategies? Approaches acknowledging limits of state power: professionalization, systematization, commercialization, decriminalization/diversion, redefining success, victim/fear harm focus, redistributing responsibilities. What is the key takeaway of adaptive strategies? Reversal of monopolization: crime control is networked and shared across society rather than solely state-controlled. What is denial and acting out? Political logic emphasizing immediate, visible action: harsh punishment, expressive laws, "doing something" to reassure the public without solving the underlying problem. Examples of denial and acting out? War on drugs, punitive legislation to appear responsive, impulsive political action to gratify public perception of safety. Why do these strategies persist? They satisfy public expectations, demonstrate state action, and provide temporary relief, even without long-term effectiveness. What persists in the modern criminal justice framework? Police still investigate crime and patrol neighborhoods, courts still determine guilt and impose sentences, prisons still confine offenders, probation still supervises offenders in the community. What significant shifts in emphasis and logic exist in modern crime control? Police combine crime fighting with risk management and order maintenance, courts combine individual assessment with actuarial processing, prisons marginalize rehabilitation in favor of warehousing, probation balances social work with surveillance priorities. What is the key insight about old practices in crime control? Old practices don't disappear but layer beneath, compete with, and sometimes contradict new logics. What is the rise of managerial thinking in crime control? Managerial thinking aims to meet targets, minimize costs, and demonstrate results while supplementing professional judgment with risk assessment tools. How are risk assessment tools used in modern agencies? They estimate likelihood of reoffending using scientific data but do not replace human discretion, e.g., parole boards may combine risk scores with professional judgment. How does cost-benefit analysis create moral tension in crime control? Economic logic favors cheaper short-term solutions, which can conflict with justice logic that prioritizes fairness or long-term rehabilitation. How do performance metrics create tension with complex casework? Agencies must show quantifiable results like recidivism rates, but complex cases require context-dependent decision-making that cannot always rely on numbers. What is the conflict between efficiency and due process? Managerial focus on speed and cost-efficiency can conflict with legal and ethical duties, e.g., plea bargains pressure defendants for efficiency but may compromise fairness. What are the three competing rationales in crime control? Economic logic (cost-effectiveness, risk management), justice logic (fairness, proportionality), sovereign logic (demonstrates state power, satisfies public emotion). How has crime control shifted from state monopoly to networked governance? The state now coordinates a network of actors including private security, neighborhood watch, businesses, schools, and insurance while steering them toward national crime goals. How does the state steer private actors in crime control? Through regulations, laws, partnerships, standards, incentives, and soft power tools such as certification and rewards. What are the key mechanisms of new governance in crime control? Public-private partnerships, responsibilization strategies, inter-agency coordination, and co-production of security. Why does structural ambivalence make contradictions in crime control work? Different strategies are used for different moments: managerial efficiency for routine cases, sovereign display for high-profile or political cases. How do multiple audiences influence crime control strategies? Administrators focus on efficiency metrics, the public wants visible punitive justice, politicians use expressive punishment for reassurance, and professionals retain limited discretion. How does flexibility through incoherence benefit the criminal justice system? The system can claim success regardless of outcome: credit for crime drops, justification for tougher punishment if crime rises, and adaptation to shifting political priorities. What does it mean that fields are historical not natural?, Criminal justice structures are created through political choices and cultural commitments and can be reconstructed. How does transformation in crime control occur? Through reconfiguration rather than replacement: new logics layer onto old practices, new actors enter with different capital, and new rules gradually displace old ones. What are the conditions required for transformation in crime control? Structural preconditions must be receptive, political actors must mobilize alternatives, and cultural sensibilities must shift. What does rationalization and commercialization in crime control involve? The state professionalizes and systematizes crime control while increasingly using market mechanisms, contracting, privatization, and public-private partnerships. How are success metrics redefined in modern crime control? Success is measured not only by rehabilitation or education rates but also by victim satisfaction, fear reduction, cost efficiency, and system outputs. What is the focus of community policing? Community policing involves adaptive partnerships with local communities, focusing on prevention, engagement, and shared responsibility. What do zero tolerance and mandatory minimums represent? They represent the sovereign state strategy of punitive segregation, emphasizing visible enforcement, harsh punishment, and demonstrating authority. How does system expansion affect crime control? The growth of prisons, police, and surveillance infrastructure allows both preventive and punitive strategies to be implemented at scale. Why does civil society matter for state crime strategies? Civil society creates cultural conditions that make some policies resonant and others fail, forming the basis for preventive and punitive strategies. Why does the middle class matter in the crime complex? Middle-class citizens influence policy through electoral power, cultural influence, economic resources, and historical shifts from rehabilitative to punitive preferences. What are the seven features of the crime complex? High crime as a normal fact, intense emotional investment, politicized crime issues, victim-centered policies, perception of criminal justice as failing, normalized private defensive routines, and institutionalized crime consciousness. How is crime consciousness embedded in daily life? Through cultural saturation in real estate marketing, insurance coverage, consumption of security products, routine precautionary behaviors, media coverage, 24/7 news cycles, and true crime entertainment. What is the crime reception gap? Americans perceive crime as always high and rising, even though actual victimization and violent crime rates are lower than the perception, reflecting widespread anxiety and insecurity. What does responsibilization in crime control mean? Citizens and regular people take responsibility to manage crime in their areas, using neighborhood watch, private security, environmental design, and community partnerships with the state. What is the dual demand in modern crime control? Preventive partnerships appeal through practical immediacy, personal control, community solidarity, market satisfaction, and visible results, while punitive segregation satisfies emotional release, moral clarity, symbolic boundary drawing, sovereign performance, and psychological restoration. What does demanding sovereignty reflect in public attitudes? It reflects public support for mandatory harsh penalties, expressive punishment, and the expectation that the state will demonstrate its power to control crime. What is the significance of personal responsibility in crime prevention? Citizens view it as their duty to protect their property and community, using practical measures and collaborating with the state, reinforcing the notion that failure to act makes one responsible for victimization. What is the penal welfare approach to crime? The penal welfare approach sees crime as a symptom of social problems such as poverty, inequality, and trauma, and aims to address inequality while reintegrating offenders as full citizens. How does the culture of control approach view crime? The culture of control views crime as a risk to be managed, accepts inequality, focuses on controlling dangerous populations, and separates criminal justice from social policy. Why have high ideals of solidarity been eclipsed? High ideals of solidarity have been replaced by more basic imperatives of security, economy, and control. Why is prevention appealing in modern crime control? Prevention is appealing because it is pragmatic, efficient, immediate, and apolitical, requiring minimal resources and avoiding challenges to existing social arrangements. What crucial feature does prevention rely on? Prevention accepts existing social arrangements, does not ask why people offend, does not address inequality, does not challenge power, and does not require redistribution. What is responsibilization without resources? Communities are expected to prevent their own crime through neighborhood watches, security systems, and partnerships with police, but communities most affected by crime often lack the resources, social capital, and representation to do so effectively. Why are marginalized communities blamed for failing at crime prevention? Marginalized communities lack funds for cameras and other security measures, so they are blamed for not finding alternatives, reflecting an attitude that it's up to them to protect themselves. What does the political economy of crime control suggest reduces crime? Reducing crime requires addressing inequality, acknowledging marginalized communities, creating genuine opportunities, funding schools, providing jobs, investing in communities, and ensuring safe public spaces. Why doesn't addressing root causes of crime happen? It requires redistribution of resources, challenges vested interests, takes long-term investment, and admits that crime has social causes which implicate government failure. How do crime control strategies differ for included (middle-class) communities? Preventive partnerships work effectively, private security supplements public services, residents are encouraged to take responsibility for safety, and they can maintain autonomy and personal freedom. How do crime control strategies affect excluded (underclass) communities? Prevention fails due to lack of resources, surveillance replaces services, responsibility becomes abandonment, and the state relies on incarceration, fines, and other punitive measures. What is the democratic paradox according to Garland? Democracy requires universal citizenship, solidarity, and legitimate authority, but modern crime control excludes certain groups, deepens social divides, and erodes trust in the fairness of authorities. What question does Garland raise about crime control and democracy? Garland asks whether democratic values can survive when crime control abandons social justice and maintains order at the expense of equality.