Exam 3 Review
Race, Gender, Crime
Topics Covered: Juvenile Justice: Intersectionality & Social Constructions of Childhood, Domestic Abuse, Human Trafficking, Where Do We Go From Here?
Key Terms & Cases:
Chapter 12: Juvenile Justice: Intersectionality & Social Constructions of Childhood
History of juvenile court:
Progressive thinkers (1880-1920)
Called for a separate court for juveniles
Parens patriae literally means “the state as the parent:
Based on the idea that juveniles need the state to interfere in the best interest of a child if deemed necessary
Core principles that distinguish juvenile courts from adult criminal courts
have a limited jurisdiction
are informal proceedings
are individualized
hand out indeterminate sentences
usually remain confidential, although exceptions to this exist in money state statutes
Racial Disparities & Juvenile Justice:
Adultification: refers to the unfair & unjustified application of adult-like characteristics and expectations on Black youth
The justice system has accepted that young people are less culpable, or blameworthy, than adults. However, historical research reveals racial disparity in similarly situated incidents dating back to the 1800s.
Disproportionate Minority Contact (DMC)
DMC refers to the over representation of minority youth at critical decision points in the juvenile justice system. DMc as a concept has evolved over time.
Girls and the Juvenile Justice System
Historically, delinquencies un girls have been interimned with social constructions of the proper way that girls should act
Focus on proper behavior elevated the numbers of girls involved in juvenile court
For girls, the rate of commitment to juvenile facilities significantly decreases following the enactment of the Juvenile Delinquency & Prevention Act
School to Prison Pipeline:
“The collection of policies, practices, conditions, and prevailing consciousness that facilitates both the criminalization within educational environments and the process by which this criminalization results in the incarceration of youth and young adults”
Criminalized school discipline policies have led to:
Increased suspensions, expulsions, Black boys are still disproportionately overrepresented
Black girls follow American Indian and Hispanic boys in their rate of exclusionary discipline (Suspension/expulsion)
Key Terms:
Chapter 13: Domestic Violence
Defining Domestic Violence: pattern of abusive behavior with the goal of gaining control/power over one’s intimate partner
Occurs in married, cohabitating, heterosexual, same-sex relationships
Not limited to a particular class, race, ethnicity, or gender
Abuse can include: physical, emotional, sexual, financial, and/or psychological such as threatening harm
SHORT RESPONSE #1: Define domestic violence. Be sure to include in your definition the goal of such behavior, and an explanation of the cycle of abuse. Discuss the variety of forms the abuse can take, why victims often return to their abusers, and the Violence Against Women Act.
Domestic Violence is a pattern of abusive behavior with the goal of gaining control or power over one’s intimate partner. This occurs in marriages, relationships of people living together, heterosexual/same-sex relationships. The abuse can vary and appear to be in forms of: physical, emotional, sexual, financial, and/or psychological such as threatening harm. The abuse can be ongoing and it becomes a cycle because the victim may be afraid to leave because it puts their life in jeopardy. Even if they do manage to leave, they may not be able to be stable on their own or have someone to rely on. This is when victims will return to their abusers in order to have that “stability”. If they have children this makes it much harder for them to find housing and may experience homelessness. The Violence Against Women Act was established in 1994 allowing women to file civil charges against their abusers for financial compensation. It also called for the training of officers on how to handle these types of Domestic Violence cases.
1994: Violence Against Women Act- allowed women to file civil charges against abusers for financial compensation; trained officers on how to handle cases
Domestic Violence Needs Include:
Those with children who can’t find housing often go back to their abusers; lose kids because they are not able to find housing (court cases)
3rd leading cause of homelessness for families
98% experience financial abuse; cut off from access to fund
Number one reason return home is due to the lack of financial resources to support themselves and children
Domestic violence and same-sex relationships: domestic violence does not affect one specific demographic
Mandatory arrest policies: required to make an arrest when called to the scene of a domestic violence incident
Who the victim is and who the offender is ⇒ arrest offender… Sometimes it is difficult because both may have injuries… If officer cannot figure out who abuser is, officer arrest both [dual arrest] and the court figures out from there
Preferred arrest policy: arrest should occur (for abuser) unless officer feels should use their discretion not to arrest, but must explain why
Discretion (prior to the Women Against Discretion Act): officer makes decision where to make an arrest or not (officer can inject their bias to a situation; puts the victim at risk
Dual arrest: both victim and offender are arrested
Most likely to occur with same-sex couples or when victim is male
Prosecutors & Domestic Violence:
No-drop prosecution policies: prosecutor is not allowed to dismiss the charges in a domestic violence case and must work to gain the cooperation of the victim to participate in the case
Cases where victim testifies are more likely to receive a conviction
More likely to testify if victim advocate reaches out and works with victim ASAP to get services and keeps open communication with prosecutor (victim advocate goes with person to court)
Court overwhelming process and place to be; an advocate helps, matters, and empowers them to face their abuser
Empowers and support victim to make own decisions
Domestic violence & Immigration status
Those who are undocumented are less like to report crime to police
Mixed status households and fear of being separated from children
Language barriers can be problematic with police and shelters
Violence Against Women Act expanded to address immigration status
Key Terms:
Chapter 14: Human Trafficking
Human Trafficking Defined
Criminal Act- can consist of recruiting a person providing them w/transportation or moving them from one place to another, and housing or receiving the person.
How the act occurs: includes “threat, or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to the person in control”
Purpose of the exploitation: involved sexual acts, forced labor, slavery, or for the removal of organs
H.T. in the U.S.
Trafficking Victims Protection Act (TVPA) : federal act criminalizing trafficking [increased punishment, provide victim with help obtaining visa
Lack of data being collected at local, state, federal level
Tends to be a hidden problem,/occurs in all 50 states
Sexual Exploitation in the U.S.
3 most common forms: controlled by pimp, commercial store with hidden brothel in the back, and escort services
42% prostituted by a pimp and have been recruited by a man who showed them affection, then later sold them for sex, then was often advertised online
Trafficking typically adult male with American citizenship
60% victims were American citizens (majority of sex exploitation in U.S.)
Houseless LGBTQ youth most susceptible to traffickers
H.T. & Law Enforcement
Victims often don’t come forward on their own, and maybe mistake as offenders rather than victims
Examine crimes, such as domestic violence/about disagreement, prostitutional pimp offense, shoplifters (assault as possible seen
What Enforcement Can Do:
Prior to interviewing victim, should contact w/victims advocate to help gain trust
Learn about family and ensure their safety
Gender & language barrier should be considered prior to interview (person conducting interview same gender as victim)
SHORT RESPONSE #3: What can law enforcement do prior to and during the interview process to help gain the cooperation and trust of those who have been sexually exploited? Use examples of different types of victims and what could be used to fit their needs:
Prior to an interview, law enforcement should make contact with the victims advocate to gain their trust. In these types of cases they may also want to ensure that the person conducting the interview is the same gender as the victim. If the victim had experiences of abuse/exploitation with people of the opposite gender, they may find it traumatic or difficult to speak of their experiences to an interview of the opposite gender. The interviewer should also learn about the victim’s family and ensure their safety- this also could be the person’s advocate and it is important to keep contact with them. It may also be necessary to know if the victim has a stable housing environment when reentering society. To continue, any language barriers should be addressed before the interview and/or during. It is important to have proper communication between the interviewer and the victim.
Human Trafficking & Prosecution
Not many cases at state level to create case law
Uncertainty as to whether you need to show force, fraud, and coercion, were present to demonstrate the crime did occur
Often prosecuted as other crimes, such as prostitution or turned down by the federal court system due to lack of resources
H.T. Globally
Further victims moved, the more highly organized traffickers are
Those who are highly organized also tend to be involved in other illegal activities providing the opportunity to catch them
UN helps provides framework for countries to create policies and treaty to help prosecute human trafficking
Key Terms:
Chapter 15: Where do we go from here?
President Obama:
After election, a lot of discussion about the US entering a post-racist society (race no longer relevant- not true)
Second term- national attention to Black men killed in police shootings
Implicit Bias: just a bias associated towards a group; does not mean you hate the other group.
Be aware of your bias and correct it if necessary to deal with others
Justifiable Homicide: when a police officer kills a citizen while on duty without any ill intent or malice
Officer acts out of fear of safety or someone in the community
33% of those killed by police are young african american men (they only make up 6% of population- disparity between 33-6%)
Cases during pandemic: non-justifiable cases (homicides)
Black Lives Matter: a social justice movement that was formed after the death of Trayvon Martin (by George Zimmerman)
Organized people in the community
Kept attention on the issue of racism
Brings light to how racism collides with the criminal justice system
SHORT RESPONSE #2: How and why did the BLM social movement form? Include the murder that is said to have “sparked” the movement. What impact has this movement had on the discussion of race and criminal justice?
The BLM movement came about in 2012 in response to the death of Trayvon Martin (by George Zimmerman). This movement has impacted the discussion of race and criminal justice by bringing to light how racism collides with the criminal justice system. Topics of intersectionality are of importance when regarding the criminal justice system because of the disparities created by these different intersecting characteristics of people.
Where are we now?
Citizens being killed vs officers being killed does not align… so the two movements do not achieve the same goal and do not align
At their base they’re for legal purposes. One is backed by statistics and for legal purposes, the other is not
Blue lives matter: in response to BLM - people wanted legislation to make insulting an officer a hate crime
A hate crime is based on race, ethnicity, gender, sex
Law enforcement is just a profession; if we make that a category then it would be open to any profession and anything may be considered a hate crime
Body Cams:
Treatment of minorities within criminal justice system
Review of no-knock policies
Data-gathering and training oversight
Ralph Yarl: shot by a man after ringing doorbell at wrong house when going to pick up siblings
Non-law enforcement shootings: white woman killed after pulling into the wrong driveway
Post-Sexist Society
Sexism: the belief males are superior to females
Misogyny: occurs when one does not like or trust women, or harbors bias against them
DIFFERENCE: Misogyny is what is thought of as the enforcer os gender norms; Sexism justifies behavior as “everyday conduct”
Representation:
Women need representation to help with legislative choices in regards to Women’s Health. It is essential to have women in senate in our interest
Brock Turner Case: Takes blame from the person who committed the crime and justifies his behavior as everyday conduct (case discussed in class).... National news on rape case, which has never occurred before. He got 6 months in jail, but was released after 3 months for good behavior.
Seeking Social Justice
Equal Pay Act:
Intersectional Feminism: where perspectives of all women, no matter their race/class/gender/sexual identity /ethnicity/religion/disability etc. are taken into consideration. (Feminism on behalf of all women; rather than particular identities)
Women have to have allies within women’s movements
Women’s movements primarily focus on advancing middle class white women’s needs. Idea is to work together so that more than just this category can advance. Also, calls for more male allies.
Make a Change
Vote (local/federal)
Register to vote
If you do not vote, you will have representatives in place who do not represent your needs
Give your time and money to causes that you care about
Actively engage those who represent you
Give your time and/or money
Become aware of your own actions and implicit bias, and try to make a change