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Crime And The Justice System

Crime and the Justice System

Introduction

  • Chapter 9 focuses on crime and juvenile delinquency.
  • Key areas to be discussed:
    • Who is arrested.
    • Social structures influencing crime.
    • The role of law and law enforcement.
    • Impact of incarceration.
    • Influence of class, race, and sex.

Incarceration Statistics

  • Approximately 1.8 million people are incarcerated in the US.
  • Data from the Prison Policy Initiative.
  • This includes state prisons, federal prisons, and local jails.

Rights of the Accused

  • The right to remain silent.
  • The right to an attorney.
  • Constitutional rights (e.g., not quartering soldiers).

Jails vs. Prisons

  • Jails: Short-term detention facilities.
  • Prisons: Long-term incarceration for sentences typically longer than a year.
  • Various types of facilities:
    • State prisons (
      \approx 1,500
      ).
    • Federal prisons (
      \approx 98
      ).
    • Local jails (
      > 3,000
      ).
    • Juvenile correctional facilities.
    • Immigration detention centers.
    • Indian country jails (
      \approx 80
      ).

Law Enforcement Structure

  • Multiple levels of law enforcement: municipal, county, and local.
  • Every state and the federal government operate prisons.
  • Local jails and correctional facilities exist at the local level.

Cost of Incarceration

  • The US spends at least
    \$182,000,000,000
    each year on incarceration.

Incarcerated Population

  • One in three people behind bars is in jail.
  • Most jail inmates have not been tried in court.
  • Debate around bail amounts and their impact on pre-trial detention.
  • Many individuals are detained simply because they cannot afford bail.
  • One in five incarcerated people is held for drug offenses.
  • Police still make almost a million drug arrests each year.

Drug Arrest Trends

  • Significant drop in drug arrests from 1.6 million in 2019 to 1.2 million in 2020.
  • Discussion on the potential impact of fentanyl and the opioid crisis on arrest trends.
  • Changes in response to the opioid crisis compared to the "war on drugs."
  • The response to the opioid crisis differs due to the demographic primarily affected (upper middle class young people).

Disparities in Criminal Justice

  • Fines disproportionately affect the poor.
  • Different societal responses to the opioid crisis versus the crack cocaine epidemic.
  • Youth detention and confinement statistics.
  • First arrest often occurs at 15 or younger.
  • Disparities related to race and socioeconomic status.

Racial Disparities in Incarceration

  • Black individuals comprise 19-20% of the incarcerated population, despite being 14% of the general population.
  • White individuals constitute 57% of the population but 36% of those incarcerated.
  • Incarceration rates are impacted by poverty, education, and income levels.
  • Most people in prison are poor, with women and people of color being the most impoverished.

Poverty and Crime

  • Poverty and crime are closely linked, though not a direct correlation.
  • Crime is defined as a violation of the law.
  • Various theories on why people break the law (deviant subculture, social control theory, labeling theory).

Rule Breaking

  • Examples of rule-breaking behavior.
  • Motivations for breaking rules: thrill, thinking one can get away with it, easier to ask for forgiveness than permission.
  • Society's contradictory stance on rule-breaking.
  • Teenage "mischief" is often tolerated to a certain extent.
  • Expectations of adulthood begin around age 17, with increased accountability for actions.

Causation of Crime

  • Theories around the causation of crime, including moral disconnection from society.
  • Assumption that everyone knows the rules, how to follow them, and their rights.

Juvenile Justice System

  • Juveniles go to family court, not adult court.
  • Family court also handles foster care and child protection cases.
  • Discussions around juvenile delinquency, young people committing adult crimes, and related issues.

Case Example

  • A 15-year-old girl shoots two shop owners (one fatally) after a disagreement.
  • The focus shifts to assessing the juvenile's background and circumstances rather than the incident itself.
  • Assessment includes:
    • Home environment (parents, family dynamics).
    • Socioeconomic status.
    • History of abuse or neglect.
    • The juvenile's thoughts and feelings before and after the incident.
    • Consideration of whether the juvenile will be charged as an adult.
  • The case gained notoriety due to the age, sex, and race of the perpetrator and victims.

Criminal Justice System Components

  • Three main components: police, courts, and corrections.
  • Police: Gatekeepers and enforcers of the law.
  • Courts: Supposed to be adversarial.

Issues with Law Enforcement

  • Inherent racism and the perception that police are above the law.
  • Unfortunate that good deeds by police officers are seen as unusual.
  • Negative perceptions of police, especially among certain racial groups.

Role of Law Enforcement

  • Charged with keeping the peace and protecting and serving the community.
  • Expectation of being unbiased, sensitive, and empathetic.
  • The impact of class, race, and sex on law enforcement.

Personal Experiences with Law Enforcement

  • Personal anecdote about being stopped by a police officer.
  • Perception of power dynamics and assumptions made based on race.

Arrest and Presumption of Guilt

  • The system often operates on the assumption of guilt until proven innocent.
  • Historical and systemic oppression contribute to assumptions of criminality based on race.

Improving Law Enforcement

  • Emphasis on improving gatekeeping and officer training rather than simply defunding the police.
  • Consideration of how officers respond in unfamiliar environments.
  • Need for proper training that addresses class, sex, and race.
  • Recognition of the symbolic power of the uniform and its historical implications.

Disproportionality

  • Gatekeeping issues lead to disproportionality in the system.
  • Overrepresentation of certain populations due to biased enforcement of laws.

Jury Duty

  • Experiences with jury duty and exposure to the court system.

Correctional System

  • The primary goal is punishment and retribution, not necessarily rehabilitation.
  • The term "correctional system" is often a misnomer.
  • Emphasis on justice and accountability for criminal behavior.

Ethical Issues in Prisons

  • Numerous ethical issues within the prison system.
  • Conditions are often designed for punishment.
  • Inadequate mental health support and resources.

Re-entry Challenges

  • Overstimulation and difficulty functioning after release.
  • Lack of support and resources for re-entering society.
  • Stigma attached to incarceration makes re-entry more difficult.
  • Vulnerability of individuals with mental health or substance misuse concerns.
  • The prison environment does not address addiction issues effectively.

Criminal Justice Involvement

  • Criminal justice involvement provides insight into a person's experiences.
  • Importance of asking critical questions and understanding their perspective.
  • Focus on immediate needs of those re-entering society.
  • Importance of ground them.
  • Importance of supporting those who have been through this experience/ being mindfull of discount experiences for people.

Role of Social Workers

  • Social worker roles are expanding in criminal justice (behavioral health teams in police departments, etc.).
  • Probation and parole officers, prison social workers, and halfway house staff.
  • Prison social workers assist with home plans, medication, and community connections.
  • Need for training in police procedure and de-escalation techniques.
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