Justice System Inequality and Exam Prep Notes
Investing in Inequality in the American Justice System
Bail System:
If a person is charged with a crime and cannot pay the set bail amount, they remain in jail even if unconvicted.
Individuals can be held for years without conviction simply due to lack of funds.
This creates a dilemma: avoid jail time by pleading guilty or face potentially years of pre-trial detention.
It effectively 'pushes certain people out of the system' designed for them to prove their innocence.
Distrust of the State and Institutions:
When the state repeatedly fails to provide basic necessities, especially for incarcerated individuals (e.g., medical care), it fosters increasing distrust.
This distrust can lead individuals to feel uncared for and alienated, pushing them 'outside of society'.
Death Penalty:
The death penalty is often applied to individuals whom society has 'failed' repeatedly, highlighting systemic issues and mitigating factors in their lives.
Its application is disproportionate among members of certain groups versus others.
Prison Labor & Economic Incentives:
Companies using prison labor (e.g., relabeling food) grow richer, creating an incentive for prisoners to remain incarcerated.
This incentivizes longer jail sentences or more convictions for petty crimes to maintain a cheap labor force.
"13th" Documentary: This film illustrates how the prison system expanded due to the demand for cheap labor after the abolition of slavery, effectively enslaving primarily people of color within prisons. (Recommended viewing).
Examples: Prisoners were used to fight California wildfires, often risking their lives for very low pay.
Private Prisons:
The existence of private, for-profit prisons is questioned due to inherent conflicts of interest.
Companies make significant profits from incarcerated individuals (e.g., charging $9 a minute for phone calls to families).
This system often operates without public awareness, contributing to the perpetuation of mass incarceration.
Post-Release Barriers:
Many previously incarcerated individuals struggle to find employment due to their criminal record, even for minor offenses.
This lack of a 'job pipeline' can contribute to recidivism.
Mental Health and Criminalization:
A significant number of people end up in jail due to mental health struggles, especially given the criminalization of addiction.
There's a need for more holistic community mental health services for everyone, independent of their legal status.
Insights from "Solitary" (Reading Analysis)
Impact of Solitary Confinement:
The reading highlights the extreme psychological toll of claustrophobia and isolation.
It exposes the lack of adequate medical care, including denying or delaying medication, demonstrating a systemic 'lack of regard' for inmates' health.
The medicalization of inmates is often not driven by care but by control.
The comparison of cavity searches to violations experienced by individuals suspected of crimes outside prison underscores the dehumanizing nature of the system.
Re-socialization and Impression Management:
Prison society operates under different rules, requiring a 'resocialization process'.
Inmates learn to maintain a specific 'face' or impression of strength to avoid being targeted.
The author (a Black Panther member) observed and taught these survival tactics related to conduct and emotional regulation.
Racial Dynamics and Dehumanization:
The author, a Black man, frequently encountered white guards ('Free men'), highlighting a stark power imbalance.
Guards used racial slurs against inmates, further dehumanizing them.
Inmates were often assigned physical labor jobs, historically associated with blackness, echoing a microcosm of 19th-century slavery within a 1960s context, even as the Civil Rights Act was being passed.
The suppression of the Black Panther movement, extending to the FBI, reflects a larger structure of racial domination.
Potential Solutions and Reforms
Rehabilitation Focus: Reallocating funds to rehabilitation programs rather than solely punitive measures.
Fair Wages for Prisoners: Ensuring prisoners are paid at least minimum wage for their labor, recognizing their contributions (e.g., fighting wildfires).
Abolishing the Prison System vs. Reform:
Considering if the current punitive system is the only way, noting that other forms of justice existed before modern prisons.
The US has a vastly disproportionate prison population compared to other nations.
Scandinavian Model: Compared to the harsh US system, Scandinavian prisons focus on rehabilitation, treating incarcerated individuals with dignity, resembling college dorms rather than punitive cells.
Addressing Recidivism: Investigating factors that lead to high rates of re-offending beyond initial crime, such as lack of suitable post-release support.
Making Private Prisons Less Profitable: Reforming the private prison system to remove profit incentives, particularly for services like inmate phone calls.
Job Pipelines: Establishing programs to help formerly incarcerated individuals find stable employment upon release.
Holistic Mental Healthcare: Investing in community mental health services to address root causes of criminalization, especially for substance abuse.
Exam Overview and Study Strategies
Exam Format:
Composed of multiple-choice questions and one short answer question.
Approximately 20 minutes allocated for multiple-choice questions.
Total exam duration: expected to be no more than 90 minutes.
Short answer question: approximately 350 words, requiring brevity and thoroughness.
The short answer will ask to define a larger concept and support it with key arguments and examples from readings.
Logistics:
Online, asynchronous, open-book.
Available anytime on Tuesday.
Can use notes, readings, and lecture slides.
Crucial: Ensure good Wi-Fi connection; the exam cannot be started, left, and rejoined. Advised to take it on campus or find a reliable desktop computer.
No collaboration with other students.
GSIs will not answer substantive questions on exam day; only accommodation requests or Canvas technical emergencies (not substantive technical issues).
Study Tips:
Utilize Lecture Questions: Focus on questions found in lecture slides (especially those explicitly written by the instructor), as they are strong indicators of potential exam content.
Connect Readings: Actively look for ways to connect different readings and concepts with each other. This helps in understanding the material deeply and crafting comprehensive short answers.
Practice Defining Concepts & Finding Examples: Practice defining core concepts and identifying specific examples from readings. This proactive preparation ensures readiness, instead of fumbling during the exam, leveraging the open-book format effectively.