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.