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62 Cards in this Set

  • Front
  • Back
police obligations
1. establish authority (badge)
2. obtain information (get info to make sure the police should be there)
3. accomplish satisfactory outcome (turn music down, take juvenile home, arrest=last resort)
functionalist perspective
fair system
conflict perspective
arrest isn't always based on criminal behavior but status of the people involve; bias, discrimination against social status
Decision of arrest is based on..
1. Seriousness of the offense: safety of community
2. Wishes of the complainant: If complainant wants arrest then they're more likely to arrest that if they don't/don't care
3. Suspects demeanor: if suspect is disrespectful, increases likelihood that arrest will happen
Study done by Anderson
African American victims:
-less likely to arrest offender
-slower response time
-fewer police services available
Study done by terril
African Americans are more likely to be watched/followed and detained, arrested and use of force/lethal force
Tennesse v. Garner
-if victimes run away, cop can shoot them
-if officer believes they can cause danger to community or citizen, they can use lethal force
Police officers are more likely to draw their guns when..
1. high crime rate (in neighborhood; more suspicious)
2. police workload: fewer officers per capita=more likely to have shoots by police
3. firearm availability: in areas where people have a lot of guns=more police shootings
Study done by Fyfe
-officers more likely to shoot AA suspect in less threatening circumstances than whites (conflict approach, labeling theory)
-why officers use excessive amount of force?(psych. theory)
a.dogmatic
b.authoritarian
c. suspiciousness
d. racist
e. hostility
police subculture
1. tendency to be secretive
2. loyalty to other officers
3. clashiness: isolated from rest of society
study done by weisbrod
15-20% witnessed an officer harassing a citizen because of his or her race and didn't report it
DA theory: look away at misconduct; basically agree that they don't rat people out
purpose of bail
ensure the position of the defender from judicial points and make sure right people are kept in jail
bail possibilities
a. release defendant: sign document promising appearance at court
b. set bail: someone who is more at risk of not coming back
c. deny bail: go back to jail, no possibility that you're getting out
bail decisions are more based on..
1. seriousness of crime
2. quality of evidence
3. character of defendant
warrant
specifies charges against criminal; may be different than those on police report
preliminary hearing
judge formally reviews evidence and decisions; determines whether there is enough evidence to require a trial
pretrial phase
suspect is formally bound over for prosecution
states all charges that should go forward to trial
grand jury
24 people who agree to serve for one year; tend to be retired
agree with prosecution=issue indictment
misdemeanors skip grand jury
arraignment
another formal review of evidence
defendant makes plea/respond to charges
arraignment may wait several factors..
1. court load
2. community response
3. prosecutorial resources
Studies show that females are treated more leniently and are less likely to be incarcerated because...
1. judicial paternalism
2. social costs to children
3. women are less dangerous (more amenable to treatment)
3 types of sentencing
1. determinate
2. indeterminate
3. presumptive
determinate sentencing
(classical theory)
Fixed sentence: mandatory minimums
advantages:
1. you do the crime, you do the time (control theory)
2. extra legal factors aren't taken into account (no bias)
3. prevents crime
disdvantage:
1. feelings cannot be taken into account
2. can't use judges wisdom and knowledge
3. discretion isn't being used
Unexpected problem: prisons overcrowding
indeterminate sentencing
judge has a range of penalties to choose from
presumptive sentencing
judge has several choices of more or less severity
choose from fixed sentences
study done by hagan
found that higher percentage of AA's going to prison because they commit more severe crimes
Functionalist perspective: if people commit more severe crimes then they are more likely to go to jail
Study in Florida: Homicide cases
AA offender+White victim=charges upgrade
White offender+AA victim=charged downgrade
war on drugs
stop people from using drugs=harsher penalties
targeted poor AA neighborhood
AA more likely to be arrested than whites
Anti-Drug Abuse Act
called for mandatory minimum sentences for drug offenders
judge had no discretion (determinate sentencing) only way to get out of mandatory sentence is to provide 'substantial assistance'
substancial assistance
name names
people on the top are more likely to get off= "Drug Lords"
Functionalist=substancial assistance allows law enforcement to get criminals (classical)
conspiracy amendment
Feminist
if you are connected to drugs in any way you get in trouble
Conflict: unfair b/c it targets people who have less power and has and unfair impact on women and their families
Justice Model
punishment is about revenge
"Just dessert model" (get what you deserve)
assumptions: offenders know penalties and break law anyway (punishment is determined by seriousness of crime
Utilitarian Model
legal punishment is justified when there is a desirable outcome
punishment has a purpose:
a. detterence: prevention of future crime
b.rehabilitation: prevention of crime because offender has changed (motivation, attitude, values)
c. incapacitation: people who cannot be "treated"
d. moral education: educate entire community about the acceptance limits of behavior
prisonization
the process by which new inmates learn the rules of prison
prison culture
1. us against them (the guards): guards are the enemy-can't be trusted; if anyone has a relationship with a guard, they are an outcast
2. mind your own business: rule for safety
3. group solidarity: affiliate with a group to gain their protection or something that you want
important model
importing their values from the streets to prison
values from the streets are the same as values in prison
value system includes violence
offender values determine prison culture
deprivation model
inmates act the way they do because they are deprived of basic human needs
act dysfunctional just to survive
deprivation of human needs leads to prison culture
any person placed in that situation will act out
ex. study done by Zimbardo
criticisms of U.S. prison policy
1. deprivation
2. overcrowding
3. cost
4. recidivism
Mitigating factors
-decreased likelihood that the defendant gets death
a. youth (juveniles)
b. mental capacity
c. minor role
d. unforeseen risk
Aggravating factors
-increase likelihood that defendant gets death
a. commission of another felony
b. knowingly created a grave risk for a person besides the victim
c. if murder was carried out in a "heinous, cruel or depraved manner"
d. payment fo murder
e. if murder was carried out by an assault weapon
death row criticisms
1. race
2. cost
3. no detterent effect
4. exonerations
types of prevention
1. deterrence: effort blamed at offenders
2. reducing vulnerability: focusing on victims, reduce odds of being target of crime- most sexual assaults
types of prevention
1. primary prevention
2. secondary prevention
3. tertiary prevention
primary prevention
aimed at preventing crime before it occurs
target is general public
"just say no" campaign
D.A.R.E. programs
secondary prevention
aims at preventing crime before it happens
targets risk populations
tertiary prevention
change them so they don't do it again
focus on intervention in identified cases
crime has already occured
why racial profiling doesn't work
article
labeling
conflict
nurture
class bias in sentencing
article
labeling
conflict
nurture
against the death penalty
article
labeling
conflict
nurture
guilty until proved innocent
article
labeling
conflict
nurture
capital punishment affirms life
article
classical
functionalist
nurture
policing a class
article
marxist
conflict
nurture
class state and crime
article
marxist
conflict
nurture
ex con next door
article
strain anomie
conflict
nurture
women's pathways to felony
article
feminist
conflict
nurture
society of women
article
feminist
conflict
nurture
doing justice the choice of punishment
article
classical
functionalist
nurture
extra legal attributes
article
classical
functionalist
nurture
violence and the police
article
differential association
functionalist
nurture
prisonization
article
differential association
functionalist
nurture
(importation model)
a sketch of the police man's working
article
psychological
functionalist
nurture
the pain of imprisonment
article
no theory
conflict
nurture
deprivation model