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Conservative Perspective
- focuses on free will [classical school] choice
- -criticisms: ignores context and external forces on which the choice is made
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liberal perspective
looks at context,external forces, solution is to equip indiv. to overcome the problem.
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critical perspective`
less emphasis on the indiv. sees context, external forces change the structure that leads to crime (root problem)
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William Bonger
- 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.
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Karl Marx
- the critical perspective is rooted from his works.
- capitalism
- upper/lower classes
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jeffrey Reiman
- 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.
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Ford Explorer
- 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
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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
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left realism
- Jock Young
- street crime is harmful to the poor as well.
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Median Household income
- 50k
- our country is uncomf. w/ talking about class
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Need for legitimacy
- theoretical connection to class and cj
- system that appears unfair stacked against poor.
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Strain theory
- Merton-based on goals and means
- no guarenteed opportunity to attain goals
- legit means are not equally distributed & neither are inlegitmate means
- Responses:
- perception-loss of value
- anger(major connection to crime)
- acceptance also a response-> not all people turn to crime
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underemployment
- theoretical connection to crime
- job quality has declined a great deal
- part-time work (18-20% overqualified)
- few or no benefits
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social dynamite
- coined by spitzer
- ppl who challenge the system
- must b controlled w/ cj system
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Human Agency
- 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
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moral panic
- 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
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"No discrimination"
- 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.
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Indirect discrimination
- 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
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Direct discrimination
- 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.
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Federal crack cocaine sentencing
- 100g:1g (Len bias law)
- 100g of powder cocaine= 500g of powder (5years)
- under this law 94% sentenced were black
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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.
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moral arg. for dearth penalty
- the right & just punishment
- retribution
- religion(can be used for & against)
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ulititarian arg. for death penalty
- deterence
- does death penalty deter murder for
- 1. covicts serving a life term(already incerated)
- 2. criminals whose crime cary a life sentence
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death penalty detterence research
- general deterrence
- Economist
- 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
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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
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cost of the death penalty
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public support for the death penalty
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Lethal injection
most common method used today
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firing squad
- method of execution
- involves individuals shooting convict
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hanging
- has to very precise to be sucessful
- prestreched rope, cetain length
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lethal gas
- 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
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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
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Marshall Hypothesis
- Thurgood Marshall
- argued death penalty is wrong
- hypothesis- if citizend actually knew the truth of capital punishment it would be overturned
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Gregg v. Georgia
- death penalty reinstated
- gary gilmore was 1st person to be executed after death penalty was reinstated because gregg escaped!
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Bifurcated trial
- 2 part trial
- 1. guilty/not guilty
- 2. sentencing (length)
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Death row composition
- 3200 on death row
- 78% of the cases the victim was white
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death eligible arrest for murder
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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
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baldus study
- 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
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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
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Scottsboro boys
- 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
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Martinsville 7
- 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
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discretionary parole
decision to release inmates is made by a parole board
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dienfranchisement laws
civil disabilities facing parolees when the return to the community
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mandatory parole release
inmate is released on parole when he or she serves the maximum prison sentence
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reentry risks
the obstacles or challenges facing inmates when they are released from prison
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judicial waiver
- the procedure relinquishing the processing of a juvenile case into an adult criminal court
- aka certifying or binding over to the adult court
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staturtorial exclusion
certain juv. offenses in some statues are automatically transferred to adult court
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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
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Roper v simmons
suporeme court decision that disallows the execution of juveniles who comitted a capital crime under the age of 18
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Stanford v. Kentucky
supreme court decision allowing the execution of juveniles who were age 17 at the time of the crime.
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Thompson v Oklahoma
supreme court decidion that prohibits execution oj juveniles under age 16 at the time if the offense
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death qualified jury
during voir dire, any person opposed to capital punishment may be dropped from the jury
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technology driven security
tech. that has been developed to increase internal & external security in correctional institutions
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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
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waterboarding
- 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)
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