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62 Cards in this Set
- Front
- Back
police obligations
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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) |
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functionalist perspective
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fair system
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conflict perspective
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arrest isn't always based on criminal behavior but status of the people involve; bias, discrimination against social status
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Decision of arrest is based on..
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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 |
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Study done by Anderson
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African American victims:
-less likely to arrest offender -slower response time -fewer police services available |
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Study done by terril
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African Americans are more likely to be watched/followed and detained, arrested and use of force/lethal force
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Tennesse v. Garner
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-if victimes run away, cop can shoot them
-if officer believes they can cause danger to community or citizen, they can use lethal force |
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Police officers are more likely to draw their guns when..
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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 |
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Study done by Fyfe
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-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 |
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police subculture
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1. tendency to be secretive
2. loyalty to other officers 3. clashiness: isolated from rest of society |
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study done by weisbrod
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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 |
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purpose of bail
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ensure the position of the defender from judicial points and make sure right people are kept in jail
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bail possibilities
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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 |
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bail decisions are more based on..
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1. seriousness of crime
2. quality of evidence 3. character of defendant |
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warrant
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specifies charges against criminal; may be different than those on police report
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preliminary hearing
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judge formally reviews evidence and decisions; determines whether there is enough evidence to require a trial
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pretrial phase
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suspect is formally bound over for prosecution
states all charges that should go forward to trial |
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grand jury
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24 people who agree to serve for one year; tend to be retired
agree with prosecution=issue indictment misdemeanors skip grand jury |
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arraignment
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another formal review of evidence
defendant makes plea/respond to charges |
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arraignment may wait several factors..
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1. court load
2. community response 3. prosecutorial resources |
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Studies show that females are treated more leniently and are less likely to be incarcerated because...
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1. judicial paternalism
2. social costs to children 3. women are less dangerous (more amenable to treatment) |
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3 types of sentencing
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1. determinate
2. indeterminate 3. presumptive |
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determinate sentencing
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(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 |
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indeterminate sentencing
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judge has a range of penalties to choose from
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presumptive sentencing
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judge has several choices of more or less severity
choose from fixed sentences |
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study done by hagan
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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 |
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Study in Florida: Homicide cases
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AA offender+White victim=charges upgrade
White offender+AA victim=charged downgrade |
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war on drugs
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stop people from using drugs=harsher penalties
targeted poor AA neighborhood AA more likely to be arrested than whites |
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Anti-Drug Abuse Act
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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' |
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substancial assistance
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name names
people on the top are more likely to get off= "Drug Lords" Functionalist=substancial assistance allows law enforcement to get criminals (classical) |
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conspiracy amendment
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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 |
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Justice Model
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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 |
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Utilitarian Model
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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 |
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prisonization
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the process by which new inmates learn the rules of prison
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prison culture
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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 |
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important model
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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 |
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deprivation model
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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 |
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criticisms of U.S. prison policy
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1. deprivation
2. overcrowding 3. cost 4. recidivism |
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Mitigating factors
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-decreased likelihood that the defendant gets death
a. youth (juveniles) b. mental capacity c. minor role d. unforeseen risk |
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Aggravating factors
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-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 |
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death row criticisms
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1. race
2. cost 3. no detterent effect 4. exonerations |
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types of prevention
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1. deterrence: effort blamed at offenders
2. reducing vulnerability: focusing on victims, reduce odds of being target of crime- most sexual assaults |
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types of prevention
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1. primary prevention
2. secondary prevention 3. tertiary prevention |
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primary prevention
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aimed at preventing crime before it occurs
target is general public "just say no" campaign D.A.R.E. programs |
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secondary prevention
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aims at preventing crime before it happens
targets risk populations |
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tertiary prevention
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change them so they don't do it again
focus on intervention in identified cases crime has already occured |
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why racial profiling doesn't work
article |
labeling
conflict nurture |
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class bias in sentencing
article |
labeling
conflict nurture |
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against the death penalty
article |
labeling
conflict nurture |
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guilty until proved innocent
article |
labeling
conflict nurture |
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capital punishment affirms life
article |
classical
functionalist nurture |
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policing a class
article |
marxist
conflict nurture |
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class state and crime
article |
marxist
conflict nurture |
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ex con next door
article |
strain anomie
conflict nurture |
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women's pathways to felony
article |
feminist
conflict nurture |
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society of women
article |
feminist
conflict nurture |
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doing justice the choice of punishment
article |
classical
functionalist nurture |
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extra legal attributes
article |
classical
functionalist nurture |
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violence and the police
article |
differential association
functionalist nurture |
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prisonization
article |
differential association
functionalist nurture (importation model) |
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a sketch of the police man's working
article |
psychological
functionalist nurture |
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the pain of imprisonment
article |
no theory
conflict nurture deprivation model |