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- focuses on free will [classical school] choice
- -criticisms: ignores context and external forces on which the choice is made
looks at context,external forces, solution is to equip indiv. to overcome the problem.
less emphasis on the indiv. sees context, external forces change the structure that leads to crime (root problem)
- connects marx & crime analysis proposed to that capitalism encourages greed
- wealthy will try to win at the expense of the poor
- crimes of the wealthy are not viewed the same because they sys. focuses on crimes of the poor.
- the critical perspective is rooted from his works.
- upper/lower classes
- why are white collar cases not seen as crime(excuses)
- 1 executives do not try to harm people
- 2 indirect harm-not as bad
- 3involved in legitimate activities
- -soc def. of crime is a problem
- How we are murderd- firearms,knife, occupational disease Rx is the most cause of death.
- ford explorers w/ firestone tires cause 203 deaths and 700 injuries
- ford was aware but still decided not to recall them because it would cause them more.
- No real punishment
Ford Pinto 1973
- rear end collision resulting in gas tanks expolding
- ford decided it was cheaper to pay out lawsuits to deaths and injuries than to change the product line
- Jock Young
- street crime is harmful to the poor as well.
Median Household income
- our country is uncomf. w/ talking about class
Need for legitimacy
- theoretical connection to class and cj
- system that appears unfair stacked against poor.
- Merton-based on goals and means
- no guarenteed opportunity to attain goals
- legit means are not equally distributed & neither are inlegitmate means
- perception-loss of value
- anger(major connection to crime)
- acceptance also a response-> not all people turn to crime
- theoretical connection to crime
- job quality has declined a great deal
- part-time work (18-20% overqualified)
- few or no benefits
- coined by spitzer
- ppl who challenge the system
- must b controlled w/ cj system
- people making a decisions (elitw group)
- probably not a conspiracy because
- 1. secrecy-hard to keep quiet
- 2. factions- would they al agree on what should happen in society
- 3. cooperation-difficult to get among the elite group
- moral panic: semi-spontaneous media generated event/problem
- i.e. MADD (moms against drunk drivers)
- because of so much media attention-> causes panic
- i.e. Satanic daycare
- an explanation for disporportinate incarceration of black males
- -Blacks are more likely to commit crimes that lead to incarceration.
- -Alfred Blumstien (1982) with the exception of drug offenses- arrest patterns accounted for 76% of the differences between blacks and whites.
- The poor are essentially segregated in society. Living in high crime areas with increased violence, attending underfunded schools. -->often connected to greater involvement in crime.
- ►These conditions lead to greater police surveillance, and arrests.
- Minorities tend to be disproportionately poor.- 1.Less likely to afford bail and have a have private attorney. 2. Less likely to afford bail
- Judges and prosecutors simply take race and ethnicity into account when defendants are charged or sentenced.
- ex. Racial Threat Hypothesis-
- Racism is an element of life in minority communities.
- As minority populations grow, so does White fear.
- demand greater police patrol, tougher sentencing all resulting in higher arrests and more minorities in prison.
Federal crack cocaine sentencing
- 100g:1g (Len bias law)
- 100g of powder cocaine= 500g of powder (5years)
- under this law 94% sentenced were black
Michigan 650 lifer law(1978)
- is possesing 650g of a subtance you get senteced to life
- tim allen-2yrs got off because he could provide info.
- jedonna young(25 yrs)
- 1998-reform passed that elgible for parole after serving 20 yrs.
moral arg. for dearth penalty
- the right & just punishment
- religion(can be used for & against)
ulititarian arg. for death penalty
- does death penalty deter murder for
- 1. covicts serving a life term(already incerated)
- 2. criminals whose crime cary a life sentence
death penalty detterence research
- general deterrence
- Few rounds of research ’
- 3-32 murders per execution
- Criminologist /Sociologist
- How and why?
- as compared to what? (doing nothing or life sentence) make assumptions about murderers (logical, rational and view deterrence)
- Difficult data
mistakes in capital cases
- reversible error after liabman
- 1.incompetent defense (unknowledgeable lawyers)
- 2. police/prosecutor misconduct (suppress evidence that would help defendant) 7% innocent
- how do they happen?
- shoddy investigation
- false confession
- (interrogating)by death penalty threats
- Lab work, prosecutor-perjury, incompetent defen
cost of the death penalty
public support for the death penalty
most common method used today
- method of execution
- involves individuals shooting convict
- has to very precise to be sucessful
- prestreched rope, cetain length
- takes place in a sealed gas chamber
- very common method in earlier times
- involves inmate strapped to a chair and sini tablets being dropped into a bucket of sulfuric acid
Furman v. Georgia (1972)
- invalidated the death penalty
- imposition of the death penalty violated 4th, 5th & 8th ammendments
- as a result several indiv. removed from death row
- Thurgood Marshall
- argued death penalty is wrong
- hypothesis- if citizend actually knew the truth of capital punishment it would be overturned
Gregg v. Georgia
- death penalty reinstated
- gary gilmore was 1st person to be executed after death penalty was reinstated because gregg escaped!
- 2 part trial
- 1. guilty/not guilty
- 2. sentencing (length)
Death row composition
- 3200 on death row
- 78% of the cases the victim was white
death eligible arrest for murder
McCleskey v. Kemp
- death penalty comes down to race of the victim
- defense played is that the only reason why the client is facung a death sentence is because of the race of the victim
- used to defend McCleskey v kemp case
- found that when it came to a black offender w/ a white victim juries were 4x more likely to impose death penalty
Norris v Alabama
- one of the scottsboro boys
- brought up question of jury composition after counsel tried to restrict blacks from being on the jury for this case
- 9 boys who were black get into a fight with 5 white boys on a train
- later all were areested
- the 2 white women who were w/ white guys accused scottsboro boys of rape
- white women delivring package for husbands drugstore
- little boy offers to show her a shortcut
- she is then sexually assaulted by 7 guys
- had a fairly good defense
- because victim was white->capital case
- didnt find favor
decision to release inmates is made by a parole board
civil disabilities facing parolees when the return to the community
mandatory parole release
inmate is released on parole when he or she serves the maximum prison sentence
the obstacles or challenges facing inmates when they are released from prison
- the procedure relinquishing the processing of a juvenile case into an adult criminal court
- aka certifying or binding over to the adult court
certain juv. offenses in some statues are automatically transferred to adult court
social investigation report
a written report of a juv. social background that probation officers prepare for a juv. judge to assist the court in making a disposition of a youth who has been ruled delinquent
Roper v simmons
suporeme court decision that disallows the execution of juveniles who comitted a capital crime under the age of 18
Stanford v. Kentucky
supreme court decision allowing the execution of juveniles who were age 17 at the time of the crime.
Thompson v Oklahoma
supreme court decidion that prohibits execution oj juveniles under age 16 at the time if the offense
death qualified jury
during voir dire, any person opposed to capital punishment may be dropped from the jury
technology driven security
tech. that has been developed to increase internal & external security in correctional institutions
ticking bomb scenario
- scenario that proposes that a dangerous explosive device is set to go off & kill thousands of ppl
- therefore it might be necessary to take extreme measures such as torture to extract info. from a person
- means of torture that involves immobilizing a person in his back and pour water of their face inot their breathing pasages
- the suspect gags and believes he us drowning
- (SAFE HOUSE)