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Who came up with White Collar Criminality
Sutherland
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different between street crime and WC crime
- offenders have legitimate access to their targets
- spatial separations from victims
- the superficial of legitimacy
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WC crime and differential assosciation
- corporate culture
- normalization of deviance/crime
- pressure to be a team player
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WC crime and labeling theory
- WC lack a criminal identity
- responsibility for WC offenses diffuse throughout organization /bureaucratic settings
- Often able to avoid stigmatized labels
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WC crime and functionalism
- lack of external and institutional control over behavior
- creates contexts that are "organized for crime/ deviance"
- Anomie in the hyper-competitive corporate world and obsessions w/ profits
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Conditions of hate speech regulation
- must be content neutral
- must not be overly vague
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Hate crimes
crimes motivated by hatred towards the victim's race, religion, ancestry, sex. orientation
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majority of hate crimes are
- classified as violent
- committed on basis of race and ethnicity
- rarely prosecuted
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Hate crime and conflict theory
- hate speech is a form of discrimination against subordinate groups
- contributes to ongoing oppression/marginalization
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when are warrantless searches allowed
- incident to arrest: immediate vicinity and arrestee
- vehicles (w/ probable cause)
- stop and frisk
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Max Weber and legal Rationality
- legal systems adhere to formal procedures
- broader concerns of guild, innocence, and justice are secondary considerations
- processes mean more than the ends
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when and why death penalty ruled unconstitutional
- 1972
- procedural flaws
- unitary trials
- lack of sentencing standards make the death penalty arbitrary
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conditions of death penalty reinstatement and when was it reinstated
- separated trial from sentencing phase
- juries weigh aggravating factors against mitigating factors
- aggravating outweighs mitigating factors
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Capital punishment cases and Weberian theory
- Not about whether death penalty is moral or effective
- issue about whether system follows consistent rules and procedures
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Effectiveness of Capital Punishment
- deterrence-nah
- incapacitation-less than 1% commit murders when released
- Cost-more expensive than life
- wrongful convictions
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Durkheim's definition of punishment
a social ritual designed to enhance social cohesion by reaffirming shared moral frameworks and cultural values
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Durkheim and punishment
- the nature of punishment in a society varies by that society's level of complexity
- traditional society- punishments tend to be harsher and more repressive
- modern- punishments are more humans, less repressive and restitute
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Evolving standards deceny
"the 8th amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society"
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Conflict and capital punishment
- class bias-most are low econ status, cannot afford their own lawyer
- race biased- race of victim and biased jury selection
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New Jim crow
mass incarceration is similar to the original badges of slavery of the old jim crow
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Post civil war
- black servitude reseestablished through sharecropping
- AA were characterized as slothful, hypersexual, immoral, dirty, and polluted
- Black codes and disenfranchisment
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Demographic and economic change
- expansion of ag. tech. and manufacturing
- black people moved to industirial northern cities and major southern cities
- created black middle class, vote, communities, and institutions
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Civil rights era exposed
- white America to the violent brutality of southern segregation
- cold war american hypocrisies
- intentional racism and help establish..
- legislation guaranteeing equal treatment
- established color blindness
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Beliefs of the color blind theory
- racism is outwards hatred and intentional discrimination
- race no longer matters
- US is a meritocracy
- minorities need to get past race
- minorities get preferential treatment
- reverse discrimination
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color blind racism...
obscures structural disadvantages faced by minorities
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War on crime
- supposedly race neutral but appealed to white prejudice and stereotypes
- severe policies decimated AA communities
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New Jim, crow felons, colorblindness
- felons can be denied: housing, voting, employment, public benefits.
- Cant's afford transportation often
- acquire a lot of debt
- difficult to reintegrate into society
- continue to wear the badges of slavery
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