SOCL 3371 Final Exam - Valasik - Fall 2014

Over time, prisonized persons become _____________.

"institutionalized"

President Reagan also took the position that welfare programs such as AFDC not only _______________ but also accounted, along with lenient crime policies, for __________.

"keep the poor poor" rising crime rate

Platt says that expenditures to the police have been shaped by the rise of a __________________ supported by government subsidies, military expertise (e.g., SWAT), new technology (e.g., weapons, communications, & information systems), and managerial techniques of command & control into policing.

"police industrial complex"

Platt says that the emergence of the __________________ is most troubling.

"prison industrial complex"

Like many "new" Democrats, 1992 presidential hopeful Bill Clinton didn't want to appear _____________.

"soft on crime."

During Reagan's presidency, we begin to see a real shift from __________ to ___________.

"welfare state" to "security state."

What are some concerns with sex offender notification laws?

-Are sex offender lists a violation of you constitutional rights? -What should or shouldn't be deemed a sex offense? -Are symbolic laws really worth our time & effort?

What is meant by "Focal Concerns Perspective Determine Punishment Decisions; Use Legal Factors as a Start Then Apply Situational (extra-legal) Factors (ex.- defendant's character)"?

-Blameworthiness -Protection of the Community -Practical Constraints

What are some aspects of punishment of juveniles that Platt criticizes?

-Boot camps -Notion of a new breed of super-predator -Permitting execution of youthful offenders

How does mass incarceration cause inequality in the labor market?

-By creating gaps in inmate employment histories - Further reduces employment prospects for an already vulnerable population with few job skills and low educational attainment by creating gaps in inmate employment histories -By knifing off social networks - Removes inmates from important social networks that might assist them in finding work -By creating legal stigma - Felony conviction that accompanies incarceration carries a formidable and virtually indelible legal stigma (e.g., combined effects of racial discrimination and discrimination on basis of having a criminal record)

What does substantive expansion of responsibility mean?

-Censoring subversive speech (World War 1; today no law criminalizes speaking against a war) -Guilt by association (Cold War; affiliating with "communist" organizations) -Material support (War of Terror; any physical asset, personnel, training, advice or assistance to a designated group, w/out regard to purpose or effect - liability regardless of intent, solely based upon ties, making the distinction between association & material support is illusory.

What are the 2 types of incapacitation?

-Collective- When prison is used to lock up everyone who has committed a certain type of crime (e.g., all sex offenders; all gun offenders) -Selective- When effort is made to predict who will be a high-rate offender & lock up only those individuals

What are some "survival tips" from T.J. Granack's book, Welcome to the Steel Hotel?

-Commit an honorable crime- (Murder, Assault , Armed robbery (banks are cool) , Kidnapping (hostages are cool), Drugs (drugs are cool) , or at the very least a neutral crime (arson, burglary or theft) -Don't gamble - What if you lose? What if you win? -Be poor - Never talk about money, unless calming about being broke; Don't dress fancy, otherwise asking for attention -Never loan anyone anything - Will have to collect some time? If you don't then you will be known as a mark! -Buy cigarettes- Best form of currency, is the habit of choice inside a prison! -Make no eye contact- Do not look someone in the eyes, this is considered to be a challenge -Pick your friends carefully- You will be responsible for their history & actions, their reputation is yours -Fight & fight dirty- Fight to win, or at least do enough damage so others will not mess with you -Be ugly - Look unappealing & unapproachable -Mind your own business- Never get in the middle of anyone else's discussion, never offer unsolicited advice -Never ever look into another man's cell - Unless you are prepared for what your going to see! -Don't talk to staff, especially guards - Any prolonged talks with staff makes you susceptible to rumor of being a snitch -Never snitch - just as bad as being a sex offender!

What role does law enforcement play in DNA databases?

-Comparing known suspects & evidence samples - encouraged -DNA mining; collect from offender, store in a database; compare to crime scenes - identify & arrest criminals base solely on this match

What were the independent variables in the district level in Black's study?

-Court size (# of judgeships) -Caseload pressure ([# of cases a year / # of judgeships]/10) -Trial rate ([Ave. # of trials a year / Ave. # of cases sentenced a year] *100) -Minority presence (% black) -Socioeconomic condition (% population below the poverty line; inverse median income per capita) -Crime rate (# of crimes per 1,000 people) -Political context measure (ACLU liberalism scores)

How does the prosecution benefit from DNA evidence?

-DNA evidence could make convictions more likely; -Convictions without plea-bargaining could occur more frequently; -Defendants may plead guilty in light of strong forensic evidence; -Bring more suspects to trial; -Be able to exonerate suspects before trial, sparing the necessity of a trial.

How do DNA databases work in theory?

-DNA samples from crime scene and "donors" are collected -DNA is stored in a central database after being analyzed, allowing for comparisons to occur between samples

What are some strategies to systematically decarcerate?

-Decriminalization prevalent crimes feeding large #s to prison (Drug offenses (at least a 25% reduction), victimless crimes) -Leave criminal laws in place but reduce police enforcement (Shrink police force; Reduce the number of people arrested for certain crimes [e.g., shoplifting, prostitution, gambling, drunk driving]) -Change sentencing practices (Keeping arrests constant, promote probation over incarceration - Requires massive investment in probation; Have to show that increases in probation do not translate to increases in crime!) -Proliferation of diversion programs (Drug offenders to inpatient or outpatient drug treatment programs; Sex offenders to sexual therapy programs; Drunk driving to driving school; Increased us of mental treatment facilities. - Just shuffling around the population of offenders, not reducing; Effectiveness and dosage of treatment programs varies) -Shorter sentences (Same number of people stigmatized but reduces suffering & empties prison beds) -Reduce number of probationers/parolees who are set back to prison through revocation

What were the dependent variables in Black's study?

-Departure type (substantial assistance departure, downward departure, upward departure, & no departure) -Magnitude of departure (difference between lower guideline range and the actual number of months of incarceration ordered)

What does Black say about his hypothesis that districts with higher levels of socioeconomic disadvantage will be less likely to grant downward departures?

-Economically disadvantaged groups represent a threatening and unstable population (think Marx and Reiman) and the CJS is a tool to control this surplus labor force -Black argues that law is more punitive among low-status/low-resource groups and conciliatory for high-status groups!

What support does Black give to his hypothesis that minorities are at a disadvantage concerning downward departures in districts with larger proportions of minorities?

-Economically disadvantaged groups represent a threatening and unstable population (think Marx and Reiman) and the CJS is a tool to control this surplus labor force -Black argues that law is more punitive among low-status/low-resource groups and conciliatory for high-status groups!

What are the four ways prisons generate inequality?

-Education and the Labor Market -Health -Family -Politics and Civic Life

What are major themes that Pogrebin & Dodge discover?

-Fear, intimidation, & violence -Relationships among inmates -Drug-related issues -Health & medical concerns -Custodial care problems -Family separation

What are the two forms of social control according to the life-course theory?

-Formal- Direct controls (e.g., drug testing, threat of imprisonment for program failure) that impact offender's behavior -Informal- Ties to conventional society & attachments to law-abiding persons that also influence decision-making; Create social bonds through employment, family, & military

What were some reasons people provided for not accessing the database?

-Got info from another source -Lack of access to the internet -No need to look -Didn't really think about it

What are some potential problems with Butler's ideas?

-How do we decide whose morality is right?--Morality is relative! -Butler admits that jury nullification is subversive to the rule of the law (it de-legitimizes the law)

What were the different levels of independent variables in Black's study?

-Individual level -District level -Multilevel

What are the 2 theories that dominate the discourse on prison disturbances that Useem & Reisig discuss?

-Inmate-balance theory -Administrative-control theory

What are the effects of "administrative breakdown" of administrative-control theory?

-Inmates come to believe their conditions of confinement are not merely bad, but UNJUST & below the perceived standards of fairness -Prison officials become indifferent to, or incapable of, routine security measures (this results in day-to-day tasks being unlikely to get done -Divided or weak management permits gangs or other illicit groups to flourish

What are the 2 theories Gottfredson & colleagues proposed to support the major components of the DTC model, and what are the key arguments for each?

-Life-course theory- Providing opportunities for "turning points" (finding a job, having a family, joining the military, etc.) will reduce subsequent crime -Procedural justice theory- Specific behaviors & attitudes of the judge & probation officers have an important impact on whether an individual successfully complies with the DTC requirements

What are some symbolic effects of sex offender notification laws/databases?

-Moral panics (i.e., perceived public fear of an increasing criminogenic problem) often inform crime control policies

Why does the majority of UCR crimes not lend themselves to DNA evidence? What are some other reasons DNA evidence is less appealing?

-Most are property related (87.6%) -Gathering DNA is tedious process -Police already have a clearance rate of over 50% for solving 3 out of 4 violent crimes

What are 7 possible scenarios that Tracy & Morgan suggest the future of DNA mining could look like?

-No DNA databases (Highly unlikely) -Just sex offenders (Was the early trend in DNA databases) -All persons convicted of a felony (Becoming the most popular option) -All convicted persons (Not sure if $$$ is worth it) -All persons arrested for a felony (Greater potential for abuse, no judicial check on intake process) -All persons arrested (Louisiana in this category (selected misdemeanors), farthest a system has gone - too intrusive if we believe that all people are innocent until otherwise) -The total population

What were the independent variables in the individual level in Black's study?

-Offense characteristics (severity, type of crime, multiple offenses) -Offender characteristics (criminal history, age, gender, race, citizenship, education, financial dependents) -Case-processing factors (detained prior to trial, type of attorney, sentencing year, mode of conviction)

What are the three perspectives on variations of sentencing?

-Organizational-Level Court Community Perspective -Focal Concerns Perspective Determine Punishment Decisions; Use Legal Factors as a Start Then Apply Situational (extra-legal) Factors (ex.- defendant's character) -Uncertainty Avoidance/Casual Attribution Theory

According to Platt, there are 5 key elements that have produced significant & qualitative changes in the structures of criminal justice in the U.S. over the last 4 decades and are still guiding these changes. What are they?

-Policing the crisis -Privatization -Imprisonment redux -Apartheid justice -Criminalizing youth

Name the key features of drug treatment courts (DTC) as identified by Gottfredson & colleagues.

-Prompt identification & placement of eligible offenders -Use of a non-adversarial approach -Integration of drug treatment services with justice system case processing -Frequent drug & alcohol testing -Frequent status hearing with judges -Intensive drug treatment

What is the intended purpose of notification laws being crafted by lawmakers?

-Public Action! -To provide citizens with sex offender information so they may better protect themselves (if they know where they are located, then they know where to stay away from) -Deter offenders from recidivating through shaming

What are the 3 forms of inmate collective action?

-Riots -Disturbances -Non-violent protests

What were some reasons people provided for accessing the database?

-Safety -Curiosity/personal interest -Job obligations

Recall the 3 dimensions of punishment.

-Severity- Must outweigh the pleasure/happiness obtainable from the commission of the crime -Celerity- Swiftness of criminal sanction -Certainty - Probability of apprehension & punishment

What are the two forms of deterrence?

-Specific- Focuses on the individual to discourage them from engaging in future criminal acts -General - Focuses on dissuading the general populace from participating in crimes by making an example out of the individual

What are the 3 components that make up MacKenzie's 6 theories?

-Statement of purpose or goal of corrections -These tend to emphasize either restraining & inflicting pain on offenders or helping & reforming offenders! -- Has an implicit or explicit blueprint for how the correctional system should be arranged, including policies, practices, & organizational structure -There is a claim of effectiveness (i.e., that it works!)

What are the two ways that government engages in prevention of terrorism and avoids the criminal process?

-Substantive expansion of responsibility -Procedural changes by replacing criminal processes with administrative ones

What are the two reasons Butler gives for why black jurors have the moral right to "betray democracy"?

-The idea of the rule of law is more mythological than real -Democracy, as presented in the U.S., has betrayed African Americans far more than they could ever betray it.

Name the 3 basic functions that Sample & colleagues provide for symbolic laws to society.

-They serve to reassure the public by helping to reduce angst & demonstrate that something is being done about the problem -They can solidify moral boundaries by codifying public consensus or right & wrong (e.g., Durkheim's moral solidarity) -They become the model for diffusion of the law to other states and to the federal government

What are the concerns about Butler's proposal?

-What if white people start doing it? -How do you control chaos from reigning? -How do you implement it?

When do departures from federal sentencing guidelines occur?

-When a defendant provided substantial assistance (for instance, gave information about another crime), their sentence can be reduced in lieu of what is proscribed by the guidelines -However, the definition of "substantial assistance" varies by district (e.g., drug charge vs. aiding in a homicide)

What are the two questions that Tracy & Morgan ask concerning DNA databases?

-Will DNA databases provide law enforcement and the subsequent criminal prosecutions with measurable and significant effects on crime? -Will DNA databases be cost-effective?

Takeaway Point: "The findings of this study suggest that there has been SOME citizen action, so it would seem that SOME instrumental effects of notification laws in Nebraska have been realized, but these are LIMITED AT BEST. It is likely that Nebraska legislators hoped that more than one third of the citizenry would take advantage of the availability of registry information, but they can still take some solace in the limited instrumental effects that have been accomplished."

...

The takeaway point of Butler's argument is that "Every African American should ask herself whether the operation of the criminal law in the United States advances the interests of black people. If it does not, the doctrine of jury nullification affords African American jurors the opportunity to control the authority of the law over some African American criminal defendants. In essence, black people can "opt out" of American criminal law."

...

What are Black's 9 hypotheses regarding federal sentencing guidelines?

1. Significant variation among district courts will exist in the likelihood and magnitude of federal guidelines departures, net of individual case characteristics. 2. Significant variation will also exist in the effects of individual case-level predictors of downward departures across federal courts 3. Larger courts will be more likely to grant downward departures, and when they do, the departures will be of greater magnitude than in smaller courts 4. Downward departures will be more common and of greater magnitude in districts with greater caseload pressure 5. Trials will decrease the likelihood and impact of departures, and this effect will be greater in districts with heavier caseloads 6. Districts characterized by more conservative elected officials will exhibit less prevalent and less generous downward departures 7. Districts with higher levels of socioeconomic disadvantage will be less likely to grant downward departures 8. Blacks and Hispanics will be less likely to receive downward departures, and whey the do, they will be of smaller magnitude than those of whites. This minority disadvantage will be greatest in districts with larger proportions of minorities in the population 9. Racial and ethnic disparities in downward departures will be mitigated in politically liberal districts and aggravated in socioeconomically disadvantaged districts

By ______ the liberal emphasis on crime began to weaken.

1965

In ______ the Supreme Court decide that all but a few death penalty statutes are unconstitutional , and all inmates on death row are re-sentenced to life in prison.

1972

In _____ the Supreme Court changes its mind and reverses the course towards abolition by supporting several newly enacted capital punishment statutes.

1976

Drug treatment courts were first introduced in the ______ as a response to the CJ system being overburdened by _____ crimes.

1980s drug

Since ______, the fiscal costs of imposing the death penalty have exceeded the costs of imprisoning an offender for life.

1983

Public opinion for the death penalty peaked in the early ______ (correlates with the crime-rate peaking), but it is now on an accelerating decline.

1990s

What were the independent variables in the multilevel in Black's study?

3 Levels of Analysis: Level 1 (Criminal Cases) Level 2 (Federal District Courts) Level 3 (Federal Circuits) (see PowerPoint for diagram)

The death penalty is __________ more likely to be imposed in cases in which the victim is white rather than black.

3-4 times

As of November 3, 2014 there have been ____ post-conviction DNA exonerations in U.S. History.

321

The last ___ years has been marked by unprecedented growth in incarceration rates.

40

Only about ___% of prosecutors use DNA evidence at all, and most only use it in murder & sex offense cases.

50%

Pogrebin & Dodge conduct in-depth interviews with ___ former female inmates to uncover major pains of imprisonment and elements of prison subcultures.

54

Sample & colleagues found that nearly ___% indicated that they have never accessed the state sex offender registry.

70

Sample and colleagues point out that sex offender notification laws are utilized by policy makers to provide citizens with information (i.e., registries) to protect themselves from these individuals.(C) The assumption in crafting these laws is that the public is utilizing these databases. (D) Research shows that the majority (i.e., 70%) of individuals have never accessed a state sex offender registry. (E) The individuals that did look at a registry to so because of curiosity, safety or job obligations.

A (true)

Federal sentencing guidelines are not mandatory because of the 25% rule, which says that ____________________ _______________________.

A judge can reduce/prolong a sentence, but only by 25%

What is a total institution?

A place that erects barriers to social interchange with the world at large (e.g., prisons); A socially isolated place, self-sufficient & maintains 24-hour control over its clients (e.g., inmates)

What are federal sentencing guidelines, by definition?

A set of rules that outline a uniform sentencing policy for individuals and organizations convicted of felonies or serious misdemeanors (i.e., endangering a child, driving under the influence, etc.) in a U.S. Federal Court

Procedural-justice theory component of treatment - Individuals' perceptions regarding the ability of authorities to make component decisions on the basis of reliable & valid information

Accuracy

_____________ bear the brunt of the law & order crackdown, making up 12% of the population but 48% of the prison population.

African Americans

What does it mean to say that "the past is prologue" concerning terrorism?

America has adapted the mistakes of the past, substituting new forms of political repression for old ones.

According to Platt, the Criminal Justice System has become devoted to criminalization & punishment over the last 40 years establishing a policing/prison industrial complex in America.(C) Criminal justice expenditures have skyrocketed over the years, particularly funding for the courts. (D) The privatization of criminal justice resources has blurred with line between public and private functions. (E) Apartheid justice has also taken hold with Asian-Americans receiving the brunt of law & order crackdown.

B (false), C, E

MacKenzie discusses the goals and forms of punishment for several theories of corrections. (C) The core idea of retribution is to intervene and influence the factors that are causing an offender to violate the law. (D) Incapacitation makes no assumptions about an offender or why they commit crime. (E) While proponents of deterrence theory want to create a parallel justice system that is devoid of judges, attorneys, and probation officers.

B (false), C, E

The trial system is based upon the belief that jurors choose a verdict derived from the facts of the case as presented by the prosecution and the defense. (C) When a jury disregards the evidence and facts of the case when making their decision they are nullifying the law. (D) Jury nullification has no legal basis whatsoever. (E) Butler argues that racially-based jury nullification is valid when it is the morally correct things to do.

B (false), D

What does Butler say about jurors disregarding judges' instructions and basing their decision on something other than evidence or the facts of the case?

Butler argues that jurors SHOULD disregard judges' instructions, especially in cases that are deciding the fate of an African American defendant.

Since it is hypothesized that trials will decrease the likelihood and impact of departures, and this effect will be greater in districts with heavier caseloads, what can one expect about the impact of a trial conviction?

Caseload pressure could exaggerate this pattern--that is the negative impact of a trial conviction should be greater in districts with larger caseloads.

What school of criminology does the deterrence theory reflect? Which political ideology?

Classical School Conservative Ideology

Procedural-justice theory component of treatment - Extent to which individuals believe their treatment was both consistent over time & consistent with treatment received by others

Consistency

Procedural-justice theory component of treatment - Ability of individuals to appeal current decisions to higher level authorities

Correctability

What is meant by "Uncertainty Avoidance/Casual Attribution Theory"?

Court actors make decisions based upon stereotypes to reduce decision-making uncertainty

How does the incapacitation theory view criminals?

Criminals = wild, predatory animals whose essential natures are given and not going to change

What the basic findings of the study? Do offenders in DTCs have lower recidivism levels than those who go to prison?

DTC participation has an effect on crime variety & drug variety, with program elements having both a direct & indirect effect (increasing perceptions of social control & procedural justice)

Useem & Reisig conducted their study in 1986 by distributing surveys to a sample of adult maximum & medium security prisons in 49 states. What were their dependent and independent variables?

Dependent variables (4)- Riots, inmate disturbances, non-violent protests, & a scale (0-3) Independent variables: -Inmate-balance theory- facility implemented crackdowns on inmates (Cell assignments, Movement, Personal property, Work assignments) -Administrative-control theory- administrative sanctions (paid employment, prohibited groups)

____________ are a group marginalized (i.e., the underclass) by police, the general public & politicians.

Drug users

Why have the bulk of immigration detainees have been tried in secret?

Due to the administrative nature of the process

_____________ involves placing at-risk children of future criminality into programs early in life (or prenatally) so as to prevent them from developing into juvenile or adult criminals.

Early intervention

How does incarceration create & maintain inequality?

Effects depend on high rates of incarceration, significant disparities in the likelihood of being imprisoned, & connections of inmates (current & former) to social institutions & significant others.

What are "enemy combatants"?

Either foreign nationals or U.S. Citizens allowed to be detained indefinitely, without a hearing, without access to a lawyer, & without judicial review; especially if these individuals are detained outside of the U.S.

_______________- An administrative substitute for the criminal process in subversive persons to be detained are listed

Emergency Administrative Detention

The _________________ allows a president to deport, lock up or otherwise restrict the liberty of any person over 14yrs old from a country that we are FORMALLY at war with.

Enemy Alien Act of 1798

Procedural-justice theory component of treatment - Individuals' perceptions of respectful & dignified treatment by legal authorities

Ethicality

Are any of MacKenzie's 6 theories effective in reducing recidivism?

Evidence-based corrections gains traction around the year 2000 and is able to discern between what works and what does not work! However, progress remains slow and questioned by practitioners!

What methodological approach do Gottfredson, et al use in their research design? Why?

Experimental research design - Allows the researcher to isolate the effects of "treatment" on recidivism, everything controlled in random assignment (i.e., race, gender, age, priors, court)

True/False: Currently 32 (35) states allow the death penalty. All prefer electrocution.

False - All prefer lethal injection

DNA evidence primarily (95%) used in prosecutor's offices in "small cities" (500,000 citizens) compared to 47% of the time in "big cities."

False - DNA evidence primarily (95%) used in prosecutor's offices in "big cities" (500,000 citizens) compared to 47% of the time in "small cities."

True/False: It costs more to lock someone up in prison without the possibility of parole than to execute them.

False - It actually costs more to execute someone.

True/False: Research has unanimously concluded that bias do not exist in the application of the death penalty and who gets put to death.

False - Research has unanimously concluded that bias DO exist

True/False: Louisiana kills more people with the death penalty than any other state.

False - Texas kills more

True/False: The minimum wage in prison is $1.00.

False - Wages as low as .89 cents in state & .23 cents in federal prisons

What are some challenges/concerns with this approach?

False positives, overly broad, cost, implementation

Considering the hypothesis that districts characterized by more conservative elected officials will exhibit less prevalent and less generous downward departures, what is the fear with more liberal districts?

Fear that "liberal" judges will water down the efforts of the criminal justice system will encourage Republican senators to push for judicial nominations more in line with their political position

_________________ has altered outcome of numerous national elections, most notably 2000 presidential race.

Felon disenfranchisement

Large-scale structural shifts in family contribute to the growing _____________ & ___________ of poverty.

Feminization Juvenilization

____________ was the top argument in favor of the death penalty in the early 1970s.

General deterrence

_________________ are shown to provides benefits, reducing criminal activity, risky behaviors, negative health outcomes & improving social productivity.

Harm-reduction strategies

Sample and colleagues profile people in Nebraska and ask two questions. What are they?

Have you ever accessed the stat of Nebraska's sex offender registry using the internet? Why or why not?

How does Butler distinguish racially-based jury nullification by African Americans from recent right-wing proposals for jury nullification?

He says that racially-based jury nullification by African Americans is sometimes morally right, while right-wing proposals for jury nullification is not morally right.

What is the immediate challenge concerning utilitarian restorative justice?

Immediate challenge is implementation!

Procedural-justice theory component of treatment - Extent to which individuals feel they were treated in impartial & an unbiased manner

Impartiality

Discuss the difference between a strong mayor system and a weak mayor system.

In a strong mayor system, the mayor has the ability to develop the city budget & appoint heads to city departments (e.g., the Police Department). He/she has more formal power to establish policy directions; but this may not correspond to informal power In contrast, a weak mayor system, limited executive authority with a city council having greater control over the city administration and some agencies may operate independently from city government, & a city manager oversees city departments & is responsible for the budget!

Sum up the difference between inmate-balance theory and administrative-control theory.

In sum, inmate-balance theory maintains that riots & related forms of collective protest occur when prison officials take abrupt action to reassert control. In contrast, administrative-control theory posits that inmate collective action is the product of ineffective authority.

_____________- The amount of crime saved (i.e., that does not occur) results from the offender is in prison & not in the community

Incapacitation effect

_______________ & _______________ in the 1960s ensured that poverty would remain widespread.

Inequality of opportunity racial discrimination

What is the powder- keg scenario according to inmate-balance theory?

Inmates explode into riotous behavior when officials attempt to carry out policy crackdowns & curtail various privileges associated with the existing informal arrangements.

Utilitarian restorative justice ideally calls the creation of a parallel justice system that is devoid of judges, attorneys, and probation officers. What do they propose instead?

Instead, when a crime occurs, the plan would be to have a facilitator call for a restorative justice conference with all parties The victim's story, including harm experienced, would be told and the offender will feel remorse & apologize Guided by the facilitator a restitution plan will be developed

What is a stratifying institution? What are some examples?

Institutions that sort people into more of less advantaged social categories (e.g., the educational system, formal labor market). Stratifying institutions both reflect & create inequality by differentially conferring access & opportunity across social groups

Concerning variations in the effects of individual case-level predictors of downward departures, what will the interpretation of "focal concerns" lead to and why?

Interpretation of "focal concerns" (i.e., blameworthiness, protection of the community, & practical constraints) will have inter-court variation due to influence by court community characteristics and the socio-political environments

Why did white conservatives in the 1960s focus on street crime, framing it as consequence of bad people making bad choices?

It made it much less likely that the public would empathize with the poor and support measures to assist them (e.g., welfare)

Why do judges dislike federal sentencing guidelines?

It takes away their ability to make the decision themselves

Why are larger courts more likely to grant downward departures?

Larger courts have less media visibility in routine cases, greater bureaucratization, allowing for more plea bargaining and leniency

President Johnson established _______________________, an agency with mission to support local law enforcement. He also created the Bureau of Narcotics and Dangerous Drugs (DEA).

Law Enforcement Assistance Administration

____________ discourse has its origins in the 1960s.

Law and order

What are some losses or types of deprivation that inmates in prison suffer?

Liberty, autonomy, goods & services (state issues & only necessities), security (sleep with one eye open), social rejection (labeling; family or spouse disowns you), loss of job, stimulus (boredom), personal identity (clothes, personal possessions, name)

What are the effects of being locked up in a total institution?

Loss & deprivation is the major effect

What are some intergenerational costs associated with incarceration?

Loss of an involved parent; push child into foster care system; increase aggression and delinquency; decrease educational attainment; subject children to social stigma and isolation

_______________- An administrative substitute for the criminal process in which individual rights are relaxed due to not being a criminal trial

Loyalty Review Boards and Congressional Hearings

Name some examples of specialized courts.

Mental health courts, domestic violence courts, juvenile courts

What is the contemporary pro-death penalty argument?

Murderers deserve it! Life without possibility of parole is insufficient punishment! Victims need this closure!

What is the only significant difference between having a black mayor or a white mayor?

No difference in tax rates, city employees, spending patterns in health, housing, parks...... only difference is an increase in the percent of black police officers employed!

___________- Has the overriding concern for achieving justice in and of itself.... justice is not adversarial with the goal of inflicting pure pain on the offender

Non-utilitarian restorative justice

Is it a crime to be a member of a terrorist group?

Not criminal to be a member of a terrorist group but people are guilty by associating if they provide "material assistance" to politically selected "terrorist" groups, regardless of intent.

What is an example of racially-based jury nullification when it is the right thing to do?

Not punishing slaves who committed the crime of escaping to the North for their freedom

What does the incapacitation theory have to say about what to do with offenders once they return back to their home communities?

Nothing useful.

Why will downward departures be more common and of greater magnitude in districts with greater caseload pressure?

Organizational efficiency model suggests that downward departures will be powerful inducements for defendants to plead guilty, thereby expediting case processing

What is meant by "Organizational-Level Court Community Perspective"?

Organizational, political, and legal cultures will impact decisions (ex.-politics, caseloads, court size)

_____________ in prisons also contributes to the high rate of infectious disease.

Overcrowding

What school of criminology does rehabilitation reflect? Which political ideology?

Positivist School Liberal Ideology

What was a top predictor of those who checked the registry?

Presence of children at home was top predictor.

________- The socialization process through which an inmate learns the rules & regulation of an institution, along with the informal rules, values, customs & general culture of a penitentiary

Prisonization

Who are the members of the courtroom working group who exert significant influence on the outcome of the case?

Prosecutor, Defense Attorney, Judge (and Jury if defendants exercise their right to trial)

____________ review changes in the public debate on the death penalty of the last 25 years, as well as changes in the level of public support for this policy.

Radelet & Borg

What is "coercive mobility"?

Refers to the cycling back and forth of as many as 15% of adult males in high incarceration neighborhoods.

Procedural-justice theory component of treatment - extent to which individuals believe they had opportunity to both present their cases to authorities & have their opinions considered

Representation

According to procedural-justice theory, what are the components of treatment believed to increase compliance with legal authorities?

Representation, Consistency, Impartiality, Accuracy, Correctability, Ethicality

According to Platt, what has our devotion to criminalization & punishment resulted in?

Resulted in the U.S. having the largest, most complex, most expensive & most punitive system in the world..... also has the most insecurity about crime in the western world.

The core idea of the _________ theory is to mandated pay back on an offender for their wrongdoing.

Retribution/Just Deserts

What are the 6 major theories of corrections that MacKenize discusses?

Retribution/Just Deserts, Deterrence, Incapacitation, Restorative Justice, Rehabilitation, & Early Intervention

_____________ seek to address this question, "Does the public over access these databases and do they do so on a regular basis?"

Sample and colleagues

_______________- Information such as criminal history, physical description, & spatial location (i.e., residence) about convicted sex offenders is made available to the public

Sex offender notification laws

What is the assumption by policymakers regarding the behavior of the public concerning sex offender databases?

That we actually access these databases! In actuality, it seems unlikely that people are actually looking at these lists.

__________________ is preferable to criminal proceeding due to lack to due process safe guards besides having a fair trial.

The immigration process

What does Butler mean when he says that "The idea of the rule of law is more mythological than real"?

There are countless historical examples of when blacks were not afforded the benefit of the rule of law. Consider the existence of slavery in a republic purportedly dedicated to the proposition that all men are created equal, and the law's support of state-sponsored segregation even after the 14th amendment was passed.

Does research support deterrence as a result of the death penalty?

There really isn't a significant effect that you would expect.

What does it mean when Beckett & Sasson say that crime-related issues are socially & politically constructed?

These issues acquire their meaning through struggles over their interpretation & representation. Social actors (a.k.a., "claims makers") compete for the public's attention & attempt to gain acceptance for frames they prefer.

What are some examples of prison protests?

These range from work stoppages or food strikes on the minor end to riots, disturbances, & protests on the more sever end!

How do specialized courts differ from traditional criminal courts?

They differ from traditional courts in that they focus on one type of offense or offender.

What do Wakefield and Uggen suggest as a possible way to reform prison and reduce inequality?

They suggest "Spells in prison might be more productively used to obtain a high school diploma, an advanced degree, or vocational skills, or to address continuing health concerns."

What are some drawbacks of using DNA databases?

Time consuming; 583 cold hits to date by FBI database

What is the difficult part of implementation of harm-reduction strategies?

To convince the general public, suspend moral outrage for the sake of health & safety... "ain't going to be pretty, but it's safe."

What was the goal of Sample, et al's study?

To determine how many respondents accessed the database and what characteristics predict those who accessed the database from those who didn't.

What is the only solution concerning criminals according to the incapacitation theory?

To remove them from society

True/False: 2% of U.S. counties are responsible for the majority of executions in America.

True

True/False: 4 out of 2,000 (.2%) charged with a crime relating to terrorism.

True

True/False: At this moment, there is relatively rapid worldwide movement away from the death penalty.

True

True/False: Black's methods included examining 4 years of federal sentencing data from 89 districts, which included close to 170,000 criminal cases.

True

True/False: Crimes beyond murder & sex offenses are not readily susceptible to DNA evidence.

True

True/False: Death penalty advocates acknowledge that traditional justifications (i.e. deterrence & incapacitation) are less persuasive today.

True

True/False: Debts & child support orders often continue to accrue during spells of incarceration but extremely low wages for prison work leave inmates with little opportunity to contribute materially to families left behind.

True

True/False: Getting even (i.e., balancing the scales of justice through the eye-for-an-eye approach) is unrelated to the goal of reducing crime & of making communities safer.

True

True/False: Incarceration is typically experienced in series of short spells, with people cycling (churning) back and forth from neighborhood to prison.

True

True/False: Inmates may become less healthy while doing time, even though they are one of the only groups of people who are guaranteed health insurance by the constitution.

True

True/False: Juveniles are more & more likely to be treated as adults.

True

True/False: Legalization's negative connotation maybe dissolving now (with legal marijuana in Colorado, Washington, Alaska, Oregon, & Washington D.C.).

True

True/False: Men more likely than women to report a lack of interest in accessing the registry.

True

True/False: President Bush was even worse - he allocated more funds to battle against drugs than all presidents combined since Nixon.

True

True/False: Restorative justice can be utilitarian or non-utilitarian.

True

True/False: The early intervention approach works on the front end of the problem, rather than the back end (i.e., prison).

True

True/False: The last time the U.S. formally declared war was World War II.

True

True/False: The organizational efficiency model is supported by Black's findings.

True

True/False: The role of race does not appear to dramatically differ between a black mayor being elected vs. white mayor.

True

True/False: There is widespread agreement by criminologists, CJ actors & the general public that the death penalty is not a good deterrent against crime.

True

True/False: Today, there are over 1,000 drug courts nationally, and the model has been exported to Canada, Australia, and the UK

True

True/False: Utilitarian restorative justice advocates support taking offenders out of traditional CJ system, using prisons only as a sanction of last resort.

True

True/False: Locking up prisoners, or being put on probation are recent forms of punishment.

True - punishments used to be more physical (whippings, torture, execution, etc.)

What are harm-reduction strategies?

Umbrella term for all strategies that do not punish or require assistance from drug use: -Needle/syringe exchange programs -Methadone maintenance treatment -Safe injection sites/drug consumption rooms -Sexual education & condom distribution

__________ attempt to explain these aspects of collective disorder in prisons from data collected from a sample of adult maximum & medium security state prisons!

Useem & Reisig

What are the consequences of this proliferation of punishment in the United States?

Wakefield & Uggen argue that prison now occupies place of major stratifying institution in America & generates inequality.

The ____________ caused court dockets across the country to become overwhelmed by drug cases, and prisons were filled to capacity with drug offenders, so drug courts were developed.

War on Drugs

Define jury nullification.

When a jury disregards the evidence presented at trial and acquits an otherwise guilty defendant because the jury objects to the law that the defendant violated or to the application of that law on the defendant!

What is an example of racially-based jury nullification when it is the wrong thing to do?

When white southern jurors did not vote to convict their white friends who had victimized a black person.

What is the critique of the incapacitation theory?

You're just delaying future crimes from occurring

The goal of non-utilitarian restorative justice is to motivate offenders to _____________________, ________________, and to ____________________________________________ for the harms that have been suffered.

admit their wrongdoing apologize to the victim(s) take steps to compensate the victim(s) and the community

According to the restorative justice theory, offenders must restore the victims and community they harmed by _________ and by ____________________ & doing _________________. In exchange, the offender is (ideally) ________ by the victim & _______________ ____________________.

apologizing providing restitution to victim service for the community forgiven accepted back into the community as a fully-fledged member

Under the Utilitarian restorative justice theory, the state acts more as an ______ and less as an _______.

arbitrator adversary

Conservatives in the 1960s argued that both poverty & crime were caused by a combination of _________ & ____________, and that social problems originate in _____________ rather than in the social conditions.

bad people excessive permissiveness individual choices

Most institutions are now so hopelessly overcrowded that they are routinely in violation of court orders mandating ______________________.

basic human rights

Liberals in the 1960s argued that crime, like poverty, was a product of _____________, and they must address the "root causes" through initiatives.

blocked opportunities

Johnson's initiatives represented a shift away from view that the most important crime-fighting weapons were ___________________, _____________________, & _______________________.

civil rights legislation, War on Poverty programs, and other policies aimed at promoting inclusion and social reform

Jury nullification is originally based on the ____________ idea that the function of the jury was, broadly, to decide ________, which included judging the law as well as the facts of the case!

common law justice

The ____________ approach, rooted in individual experiences, which has guided correction policies and practices for decades remains entrenched in the field of penology.

common sense

Black found that districts characterized by more ________ elected officials will exhibit less prevalent and less generous downward departures.

conservative

Current limitations of previous research on federal sentencing guidelines include limited attempts to appropriately model ________ variations in federal punishments, general lack of attention to the correlates of _____________________, and failure to examine ___________ deprives predictors of different types of federal departures.

contextual variations in guideline departures theoretically

Rehabilitation involves the use of ______________ to cure what is wrong with offenders, thus the system should be arranged to deliver __________________________.

correctional programs effective treatment (i.e., make prisons therapeutic)

The "prison industrial complex" has resulted in our devotion to __________ & ___________.

criminalization punishment

Additional factors that could contribute to inmate collective action are ________ & _______________________.

crowding presence of inmate organizations

To determine sentences according to the federal sentencing guidelines, ___________&__________ of a defendant are used.

current offense & the criminal history

According to Black, trials will _______ the likelihood and impact of departures, and this effect will be _______ in districts with heavier caseloads.

decrease greater

The _________ theory proposes that offenders should be punished so that they will be taught crime does not pay & thus will stop engaging in crime.

deterrence

Federal sentencing guidelines are designed to reduce ______, assure ______&______ sentences, and increase the _______ of judicial decision-making.

disparity certain & severe rationality

Advocates of retribution argue that they could care less about how criminal sanction affects crime... They're not in the business of controlling crime, but ______________.

distributing justice

According to the retribution/just deserts theory, __________ is not necessary, since the theory is based primarily upon value (offenders deserve to be harmed).

empirical evidence

Proponents of rehabilitation assume that crime is determined by _________ such as __________________________, and that unless these criminogenic risks are targeted for change, then crime will continue.

external factors antisocial attitudes, bad companions, dysfunctional family life, disadvantaged community

Researchers have drawn explicit connections between mass incarceration and large-scale structural shifts in ________, particularly for African Americans.

family

Black attributed the lack of a stronger effect as the result of _________________________________________________________________.

federal districts being much larger than county court jurisdictions (urbanization may not translate well)

Violation of prison subculture norms can evoke sanctions from ________ ranging from ostracism to physical violence or even death.

fellow inmates

Why are more and more adults are unable to vote?

felony (and in some states misdemeanor) conviction

Butler's application of jury nullification, he says, would result in _______________, but it continues to _____________________ ______________.

fewer blacks going to prison protect society from serious offenders that can harm society

In inmate-balance theory, as administrative control ______, prison order ______.

goes up goes down

In administrative-control theory, as administrative control ______, prison order ______.

goes up goes up

By judging the law, Butler argues that the jury functions as an important and necessary check on _____________________.

government's power

Utilitarian restorative justice claims that ____________ is more likely to lower recidivism than typical correctional responses.

harm reduction

Advocates of incapacitation are not concerned with ____________________ or _____________________ & have no illusions about their ability to be reformed.

how the individual became a criminal why they engaged in the crime

No assumption is made by the ___________ theory about offenders or why they commit crimes.

incapacitation

The __________ hypothesis proposes that we need to execute the most heinous killers in order to prevent them from killing again (also corresponds with specific deterrence argument!).

incapacitation

Supporters of incapacitation have the explicit, utilitarian goal of reducing crime by __________________.

incarcerating offenders

Public concern over sex offenders has dramatically _________ in recent years!

increased

Caseload pressure significantly _________ the probability of both types of downward departure.

increases

Upon completion of his study, Black also found that significant variation will also exist in the effects of ____________________________________________ across federal courts.

individual case-level predictors of downward departures

The inmate-balance theory says that each prison's unique subculture leads to an environment where prison officials grant inmate leaders special privileges & in return _______________________.

inmate leaders keep their followers in-line

Sex offender notification laws suggest that these laws serve an _________________.

instrumental effect (some effective change to sex offenders' behavior)

In specialized courts, the judge usually plays an __________ role and other CJ components (e.g., probation) and social service agencies (e.g., drug treatment) collaborate in case processing.

intensive supervisory

Butler argues for racially-based jury nullification when ______ _____________________.

it is the morally right thing to do

According to the retribution/just deserts theory, offenders are being punished as an end in and of itself to achieve _______.

justice

According to Black, the minority disadvantage concerning downward departures will be greatest in districts with ______ proportions of minorities in the population.

larger

Black found that ______ courts will be more likely to grant downward departures, and when they do, the departures will be of _______ magnitude than in smaller courts.

larger greater

White, conservative politicians argued that holding criminals (especially civil rights protestors) accountable for their actions through swift, certain, & sever punishment was the only way to counter this trend toward _________.

lawlessness

In the 1968 presidential campaign, Republican candidate Richard Nixon rejected social explanations of crime, arguing _______________________.

leniency of CJ system was, in fact, to blame

Black found that districts with higher levels of socioeconomic disadvantage will be ______ likely to grant downward departures, but it did not impact the use of substantial assistance or the length of departure.

less

Black found that blacks and Hispanics will be _____ likely to receive downward departures. When blacks and Hispanics receive downward departures, they will be of _______ magnitude than those of whites.

less smaller

The alternative to the death penalty, _____________, is actually just as good and a more favored punishment by the public.

life without parole

According to the __________ theory, the major focus of DTC interventions is to build social bonds with judges, treatment providers, aftercare sponsors & other former drug users that have quit.

life-course

Sample, et al conclude that sex offender notification laws have had _________ appreciable effects on citizens' behavior.

limited

As part of his approach, Nixon received massive increase in LEAA funds to support ___________________.

local law enforcement

The problem with the incapacitation hypothesis is that the odds of a repeat murder are ____.

low

Although most inmates were employed at time of arrest, vast majority were working in ____________ and ___________ jobs.

low-paying low-quality

Gottfredson & colleagues evaluated Baltimore City DTC program to determine if it produces ______________ compared to traditional imprisonment.

lower recidivism rates

In Black's study, court size did not influence the likelihood of a departure being granted, but court size did impact the ___________________________________________.

magnitude of the discount for substantial assistance departure

Butler says that jurors should presume nullification when presented with ________________ crimes, such as ________________.

malum prohibitum crimes victimless crimes (narcotics violations, prostitution, etc.)

The administrative-control theory posits that collective violence is a product of unstable, divided, or otherwise weak __________.

management

Federal sentencing guidelines are styled as ________ but are actually ________.

mandatory advisory

For ____________, Beckett & Sasson maintain that contemporary tough on crime policies & skyrocketing incarceration rates reflect the success of _________ efforts to frame crime as a consequence of excessive lenience or permissiveness in government policy & in society more generally.

mass incarceration conservative

Gottfredson, et al also try to determine if any positive outcomes for DTCs are due to _________ effects of ___________&_________.

mediating social control procedural justice

The "war on drugs" is characterized by the use of the _______ in narcotics control, severe penalties for _________, ________ for some dug offenses, harsh _____________.

military crack cocaine death penalty mandatory minimums

Overall, the vast majority of deterrence studies have failed to support the hypothesis that the death penalty is a ____ effective to criminal homicides than long prison sentences.

more

Black found that downward departures will be _______ common and of _______ magnitude in districts with greater caseload pressure.

more greater

The administrative-control theory says that when prison officials lose control over their facilities, collective disorders become ____________.

more likely

Strategies to systematically decarcerate are not ______________ & depend upon the ______ & the amount of ______ needed to achieve.

mutually exclusive goal time

Since Clinton's Presidency, it is fair to say, __________ has been willing to deviate from bipartisan consensus in favor of "getting tough"& THAT is how we got to where we are today.

neither party

The retribution/just deserts theory is a ____________ theory, meaning that there is no benefit to anyone coming out of retributive punishment.

non-utilitarian

Butler says that when jurors are faced with ________________ crimes, such as _______________, jury nullification is an option, but the jurors should not be presumed to favor it.

non-violent malum in se theft, perjury

Conservatives also made the cultural argument that programs such as AFDC actually encouraged _________________, thereby worsening problems of poverty and crime.

non-work oriented lifestyles

A subculture is a unique, informal system of _____ that influences a prisoners' behavior, typically to a ______ extant than the institution's formally prescribed rules.

norms greater

In jury nullification, finding the defendant ___________, the jury votes _______________ and refuses to be bound by the facts of the case or the judge's instructions regarding the law.

not guilty its own conscience

In a trial, the judge reminds the jury that their duty is to _________ consider only the evidence that has been presented in the case and to be ________.

objectively impartial

Information distribution about sex offenders is usually achieved through ____________________.

online sex offender registries

Throughout the 1960s, civil & welfare activists drew national attention to issue of _______.

poverty

The discourse of punishment & responsibility has increasingly replaced an earlier emphasis on _________ & ___________.

prevention rehabilitation

Local _________, established ________________, and different _______________ all contribute to a unique courtroom sentencing processes!

priorities organizational practices environmental influences

The inmate-balance theory frames collective violence as a facet of a broader theory of ___________.

prison stability

Platt argues punishment is for sale, and that as _________ increases the lines blur between pubic & private functions.

privatization

The procedural-justice theory is based on the idea that individuals accept or reject decisions made by legal authorities on the basis of ________________.

procedural fairness

Takeaway Point of MacKenzie's 6 Theories: "Correctional policy makers & practitioners (as well as those working in the criminal justice system) have a _____________ (e.g., think of Medical Doctors) to use this evidence to inform their decisions."

professional responsibility

According to the deterrence theory, _________ will scare the offenders straight.

punishment

The deterrence theory assumes that offenders are _____________ & can measure the losses or potential costs of committing a crime (e.g., going to prison) against the potential benefits (e.g., stealing money or goods).

rational beings

The early intervention approach is counterpart to ___________, it just takes place earlier in the life-course.

rehabilitation

The goal of _________ is to intervene and influence the factors that are causing the offenders to break the law!

rehabilitation

The goal of the __________ _______ theory is to rectify harms to all parties (victim, community, & the offender) and restore them.

restorative justice

Cracking down on inmate freedoms & taking away inmate perks upsets the delicate balance of ____________ in the inmate-balance theory and can lead to _____________.

shared authority collective disorder

Around the time that the war on drugs began, funding for drug treatment, prevention, and education was _____________.

sharply curtailed

Black found that higher caseloads also were associated with ______ downward departures sentences.

shorter

In Black's study, black & Hispanic offenders were less likely than whites to receive substantial assistance or other downward departures & generally received _______ sentencing discounts (contributes to racial disparities).

shorter

Upon completion of his study, Black found that ______ variation among district courts will exist in the _________& __________ of federal guidelines departures, net of individual case characteristics.

significant likelihood & magnitude

The life-course theory uses the role of ____________ to explain involvement in crime over the life-course.

social control

Black found that district-specific ______________ shape the contours of federal sentencing, that is, district courts differ in their propensity to grant downward departures & they differ in the weight attached to the predictors of those departure decisions.

social environments

The construction of the crime issue is first promoted by ______________________.

southern, conservative politicians

President Clinton expressed _______ support to expand police efforts, more aggressive border policies, and tougher penalties for drug offenders.

strong

Platt argues that there have been significant, qualitative changes in the ________ of the criminal justice system in the last 40 years.

structure

Every correctional institution has a __________, regardless of the degree of prisonization.

subculture

Sample, et al say, "The inaction of two thirds of citizens to proactively access sex offender information suggests that the function of sex offender notification laws is largely ________ in nature rather than ___________."

symbolic instrumental

The Reagan administration's emphasis on the need for a tough approach to crime facilitated emergence of __________ and shaped nature of that campaign.

the "war on drugs"

Phrases like "crime in the streets" & "law & order" were used in an attempt to heighten opposition to ______________________.

the civil rights movement

The trial system is based upon the belief that jurors choose a verdict based upon _________________ __________________________.

the facts of the case, as presented by the prosecution and defense

Civil disobedience & the civil rights movement were considered by white, conservative politicians to be __________________.

the leading cause of crime

Criminal justice expenditures have skyrocketed, and the main beneficiary of this largesse has been ___________.

the police

In times of fear, such as post-9/11, government looks for ways of engaging in prevention without being subject to ________________________.

the rigors of the criminal process

Butler argues that blacks are unable to achieve substantial progress through regular electoral politics because ______________________ _____________________.

they are the minority, not the majority

President Reagan took the position that the reality of human nature is such that only _____________ will deter criminal behavior.

threat of punishment

The deterrence theory is tailored to punish the crime rather than the criminal - punishments are ________ to specific crimes so that offenders learn that the state means business.

tightly fixed

The main punishment approach of the incapacitation theory is ___________________________________________.

to build more & more prisons to house more & more offenders

For the inmate-balance theory to operate effectively, prison officials must ______________, which relaxes security, and many official duties become _______________________.

tolerate minor infractions relinquished to inmates

In Goffman's 1962 book, Asylums, he wrote about the effects of total institutions on individuals' _________ and __________.

treatment rehabilitation

The _________ & ___________ for the labor market are more likely to end up in prison.

uneducated ill-prepared

Butler argues that if the application of the law produces an _______________, then jurors are not compelled to convict someone who had broken the law.

unjust conviction

Inmates have __________ rates of infectious diseases (TB, hep C, HIV/AIDS) and mental illness.

very high

Butler argues that jurors should judge the case strictly on the evidence presented for _________________ crimes, such as _____________________.

violent malum in se murder, rape, assault

Another argument Butler makes in favor of racially-based jury nullification is that in a democracy, if people don't like something, they _____________________.

vote to change it

After assuming office, Nixon ______________ by adopting "tough-sounding rhetoric" and pressing for largely ineffectual (but highly symbolic) legislation.

waged a war on crime

Butler says that _______ have democratic domination and are generally uninterested in advancing ______________.

whites minority causes