Exam 2
conditional (supervised) release
agrees to comply with specific conditions such as regular reporting or drug use monitoring
racial profiling
any police initiated action that relies on the race, ethnicity or national origin rather than on the behavior of an individual or information about an individual that leads the police to single out a particular person for greater scrutiny or different treatment
bias crime
a crime that is racially or sexually motivated; a hate crime
emergency release
released as part of a court order to relieve jail crowding
NIBRS
National Incident Based Reporting System the crime reporting system intended eventually to replace the Uniform Crime Report collects detailed data on the offender, time, place, and other aspects of the incident for each criminal offense reported by police agencies in participating agencies
Indigent
(adj.) needy, impoverished
Dawes Act
1887 permitted tribal lands to be allotted to individual Indians, making them landowners and farmers was extended to the "Five Civilized Tribes in Indian Territory" (Cherokees, Choctaws, Creeks, Chickasaws, and Seminoles) this 1887 Act permitted tribal lands to be allotted to individual Native Americans, making them landowners and farmers
types of pretrial release
3 broad categories: nonfinancial release, financial release, emergency release specific types: surety bond deposit bond full cash bond property bond release on recognizance (ROR) conditional (supervised) release unsecured bond emergency release
Tribal Courts
3 fundamental differences: 1. have limited jurisdiction; 2. they are considered sovereign nations and are not bound by the Constitution; 3. operates under different policies welcome spirituality and oral customs not welcome outside the system circular structure of empowerment communication is fluid oral customary law learned as a way of life the spiritual realm is invoked in ceremonies and with prayer no time limits on the process Court of Indian Offenses was created by the Department of the Interior and Bureau of Indian Affairs p. 168-169
habitus
Bourdieu's term to describe the self-perceptions and beliefs that develop as part of one's social identity and shape one's conceptions of the world and where one fits in it "disposition" toward the game being played is a person's structured and durable tendency or inclination to think and act a certain way, particularly relative to the game being played on the field based on common sense notions, not rational thinking processes
Latinos and courts
Mexicans were at a serious disadvantage in the process because of language barriers, resulting in swift conviction judges sometimes ruled only on the evidence and if convinced of the defendant's guilt, proceeded without hearing testimony
Felon Disenfranchisement
The denial of voting rights to Americans who have been convicted of felonies take away an offender's right to vote either temporarily or permanently, depending on the state, though the incarcerated populations do count for jerrymandering/districting representation many states enacted these provisions in the after math of the Civil War p. 315
hate crime
a crime motivated by racial, sexual, or other prejudice, typically one involving violence.
Marshall Hypothesis
a series of conjectures by Supreme Court Justice Thurgood Marshall in Furman v. Georgia regarding the opinion poll data on public sentiments about capital punishment because the results of such polls can be of great importance to the US Supreme Court's assessment of the constitutionality of various statutes and policies and practices, the validity of these data is especially important 1: Americans know almost nothing about the death penalty 2: if those citizens were fully informed about the purposes of the penalty and its liabilities, they would find the penalty shocking, unjust, and unacceptable
prior record, patterns in prior court appearance, employment status
bail statutes require judges to consider which of the following factors
18980 and 1992
between what years did sentences on drug charges increase by more than 100%
dabblers
can convert their prejudices into behavior, but only on a part-time basis as a hobby may do it for the thrill some are defensive or getting even
child savers
civic actors during the 19th and 20th centuries who led to the establishment and development of autonomous juvenile justice systems and other welfare reforms in the US and elsewhere were activists composed of middle- and upper-class females and others youth facilities were originally opened in order to separate delinquents from adults and the poor conditions found in prisons a black version was formed, also initially composed of women of a higher social class; they faced a system that was unwilling to invest in the rehabilitation of black youth
race and sentencing
colonial America: informed by English system; defendant could have jury trial if they paid for it - this is where the earliest form of class bias began; didn't excessively use the death penalty; brutal punishments were reserved for servants and "lesser men"; were sensitive to economic issues, which, along with their xenophobia, translated into unfairness in the justice system today: racial minorities are sentenced more harshly than whites if they (1) are young and male, (2) are unemployed, (3) are male and unemployed, (4) are young, male, and unemployed, (5) have lower incomes, and (6) have less education; non-whites in comparison to whites were charged with more serious misdemeanors and more total number of offenses; studying females, revealed that race/ethnicity didn't directly affect sentencing outcomes; sentencing disparities in "War on Drugs" shouldn't expect minority judges to make a difference because they have to base their judgments on previous cases
race and the death penalty
colony: besides Native Americans, the colony had numerous statutes that were solely applied to Blacks racial discrimination is the receive why blacks receive this sentence more than whites cases involving white victims yielded the most eligible charges defendants in male victim cases 43 times less likely to face eligible chargers than those accused of killing a woman
mandatory minimums
created in 1970s and 80s in response to concerns about drug dealing and violent crimes involving guns stated a minimum penalty for a particular offense, and in some instances there were mandatory penalties for using a gun in the commission of a crime the proscribed minimums were fairly harsh and provided little, if any, room for judicial discretion in sentencing prosecutors generally have the leeway to charge the offender with an offense that carries a particular sentence, resulting in the prosecutor determining the nature of one's sentence
surety bond
defendant pays fee (usually 10% of bail amount), plus collateral if required to commercial bail agent full bail amount owed if fail to appear bail agent is liable
low and lower middle class
during the Progressive Era, police were recruited from
race and corrections
early national stats (1931) in state and federal prisoners: 68% native-born whites, 8% foreign-born whites, 21% blacks, 3% others from 1926 to 1946, black female prisoners represented 21% to 46% of female inmates prison gangs are split among racial/ethnic lines: blacks represent slightly more than 40% of the inmates, but nearly 70% of those involved in gang assaults, usually as victims 2 million people incarcerated in prisons and jails 2016- black males had the highest incarceration rates at 2415 inmates per 100000 black male US residents, which amounts to nearly 3% of the total black population; they comprise the largest share of inmates in state or federal prisons among females, black women have the highest incarceration rates, followed by Hispanic women
African Americans and Courts
early race-related legislation was directed at them as a system of control were tried in special slave courts plantation justice courts became a cog in the operation of the convict lease system when slavery was abolished, legislators enacted laws against them, leading them to lose faith in political and justice system
Capital Jury Project
examined numerous aspects of jurors who served on cases involving the death penalty
unsecured bond
has a bail amount set, but no payment is required to secure release full bail amount owed if fail to appear
blacks
have the least amount of confidence in the courts
Thomas Theorem
if we believe the situation is real, then it is real in its consequences both residents and police believed in the vicarious interactions as "real" so residents felt overwhelmed by oppressive policing, even if they had limited contact with officers
race and juvenile justice
in the Colonial era, Southerners were more tolerant of youthful misbehavior than were colonists in MA, PA, and NY 1814- concerned citizens in NYC formed the Society for the Prevention of Pauperism, which later became known as the Society for the Reformation of Juvenile Delinquents early to mid-1800s- homes of refuge for white and black youth opened across the country child savers and black child savers
rehabilitating
in the mid 1990s, many more people were supportive of punishing violent offenders rather than ___ them
corrections
includes probation, jail, and prison most people under this supervision aren't incarcerated other sanctions include community service, drug and alcohol treatment, probation, home confinement, and intensive probation supervision as for workers, blacks (29%) and Hispanics (13.5%) are now a significant part of this workforce, and women also represent 28.5% of those employed public opinion: whites are most punitive, then Hispanics, followed by blacks as the least punitive; across the nation, 54% believe it should be punitive and 46% rehabilitative in orientation; blacks felt that police bias (71% vs. 37%) and unfair courts (67% vs. 28%) were reasons why they were disproportionately incarcerated compared to white opinion; both felt that poverty (67% vs. 63%) was a big reason
cultural hate
it is not a form of deviance from the point of view of mainstream society even if the admission of being prejudiced is unacceptable, hate is instead normal, rational, and conventional - it's part of the way of life of the society in which it exists, appealing typically to the most conventional and traditional of its members starts p. 128
minorities and courts
legal counsel: indigent defendants in capital cases have the right to adequate counsel; felony defendants have right to counsel; counsel must be provided for defendants in misdemeanor cases where there is a possibility of incarceration defense counsel: 82% of indigent offenders are represented by public defenders; system shows signs of strain jury selection
race, juvenile crime, and victimization
majority of juveniles arrested in 2013 were either white (62%) or black (35%) majority of arrestees are males minority females comprise a disproportionate share of females in residential placement blacks outnumbered whites and others arrested for murder, robbery, prostitution and commercial vice, gambling, and suspicion estimated 975000 delinquency cases in 2014
spectators
many consider themselves to be "little people" who are powerless and forced to go along with everyone else don't actively participate, but don't stop others from participating
white
most people who have been arrested throughout history have been most people on death row are
bail
not guaranteed by the court 8th amendment states that when given, it shouldn't be "excessive" __ Reform Act (1984) provided judges more discretion as to who can be given pretrial release
specific deterrence
operates under the notion that when you punish someone, they will be deterred from further criminal activity
convict lease system
p. 287 utilized by southern landowners after the passing of the 13th amendment 13th amendment still allowed slavery and involuntary servitude as punishment for certain crimes; this was used to keep former slaves in slavery
utilitarian
philosophy based on the premise that since the Criminal Justice System works for most citizens, we can tolerate when a small number are wrongfully convicted
political
police reform efforts of the 1880s attempted to reduce the ___ control of police departments
three strikes legislation
popularized in the 1990s by the states of Washington and California when the offender commits his or her third felony offense, he or she is sentenced to 25 years to life or some other draconian sentence
deposit bond
posts deposit (usually 10% of bail amount) with court, which is usually refunded at successful completion of case full bail amount owed if fail to appear
full cash bond
posts full bail amount with cash full bail amount owed if fail to appear
property bond
posts property title as collateral with court full bail amount owed if fail to appear
plantation justice
prevailed under the discretion of the master or overseer
death penalty
punishment for a crime that results in the execution of the defendant race: whites more in favor (57), then Hispanics (40), then blacks (36); there is a racial divide against: more years of education; live in central city; attend church more often; sometimes the offenders are actually innocent! males and those who feared being victimized were more likely to support support: eye for an eye justice; also saves tax payers the cost of prison and its use as a deterrent racial minorities are overrepresented in those who are sentenced to it and those who actually receive it
juvenile justice
refers to the agencies and process responsible for the prevention and control of juvenile delinquency most important stages: referrals, intake, adjudication, disposition waivers: facilitate trying youth as an adult reverse waiver: transfer juveniles from adult court to juvenile court
dual-court system
refers to the judicial branch of the American government consisting of both state and federal courts federal court system starts with US magistrate courts US district courts are trial courts that hear both civil and criminal cases (minor offenses and conduct preliminary hearings) positioned above the US district courts is the US Supreme Court of Appeals (last stop before US Supreme Court)
recidivism
reoffending after an offender has been released from probation or corrections includes rearrest during terms of probation and arrest for technical violations or for the violations of the conditions of supervision rates is about 40% the following contribute to reentry failure: crime committed, prior criminalization, unemployment, age, family composition, drug use, lack of housing the idea for reentry courts was proposed in 1999 as a solution
release on recognizance (ROR)
signs written agreement to appear in court (includes citation releases by law enforcement)
drug courts
specialized courts that impose drug testing and counseling requirements on substance abusers and monitor their progress instead of sending them immediately to jail or prison provide a "bridge between criminal justice and health services" all parties work together to ensure that the participant has the best chance of success key components: multidisciplinary process; non-adversarial; early identification; treatment and rehab services; random testing; regular meetings; ongoing interaction with the judge; evaluation; seek out additional education or training; developing community partnerships court oversight and therapeutic services: drug treatment, case management, drug testing, supervision, and reporting to status hearings before a judge philosophy: persons with drug addictions need treatment rather than prison sentences
race, sentencing, and convictions
state courts: more than 1.1 million have been convicted of a felony in a state court, nearly 70% were either sentenced to jail (28%) or prison (41%); most persons convicted for felony offenses were white, but blacks were overrepresented federal courts: the majority of cases (81%) involved the following four offenses: drugs, immigration, firearms, or fraud, with drug offenses and immigration being the most frequent; blacks and Hispanics are overrepresented at the federal level also
death penalty statistics
state: from 1977-2018, there were 1466 inmates executed with five states accounting for nearly 2/3 of them; in 2017, there were 2817 people under this sentence, and 27 persons were executed federal: number of federal statutes increased throughout the 80s and 90s; under the drug kingpin law, 29(78%) of the defendants have been black and 4 have been Hispanic; prior to this, mostly whites (85%) were executed under federal law; there were 63 people with pending federal death sentences, 28 were black, 26 white, etc.
general deterrence
suggests that when you punish someone, the larger society is deterred from committing crimes
hatemongers
tend to commit sadistic offenses because a victim is different sadism is essentially designed to give a perpetrator a sense of power, control, and dominance at the expense of victims often retaliate in organized fashion provide propaganda hardened; bigotry becomes the basis for a full-time preoccupation, if not a career they join an organization that espouses racism or other forms of prejudice completely limit their friendships to those who hold their bigoted beliefs practice what they preach by waging a continuing campaign of intimidation against the "outsiders" they despise
jury nullification
the disregard by a jury of the evidence presented and the rendering of its verdict based on other criteria occurs when a juror believes that the evidence presented at trial establishes the defendant's guilt, but nonetheless votes to acquit
cultural capital
the knowledge, habits, and tastes learned from parents and family that individuals can use to gain access to scarce and valuable resources in society main: there are positions on the fields that yield various types of power and prestige that players seek definition: in field of policing, might include the recognition that a particular officer has highly valued technical skills or language capabilities that most other officers do not have but are often needed other types: symbolic- awards, commendations, or official titles that exemplify a player's important contributions on the field social: recognition that certain players on the field amass dense networks of people who support them and their goals by providing resources, knowledge, and skills
disproportionate minority contact
the overrepresentation of minority youth in the various stages of the juvenile justice system process involves: assigning organizational responsibilities for the issue; identifying the extent of it; assessing the reasons for it, if it exists; developing an intervention plan for it; evaluating strategies for it; and monitoring its trends
lynching
the practice of illegally taking the life of another by hanging, generally accomplished by a mob and often motivated by racial or ethnic hatred now infrequent, in the US it is associated with white supremacists and their targeting of blacks
prison industrial complex
the privatization of correctional facilities rural areas more excited about the jobs prison could bring companies were happy to provide services (food, laundry, etc) for prisons private companies were excited about managing prisons for state and local jurisdiction
plea bargaining
the process and result of an agreement between a prosecuting attorney and defense counsel to reduce the seriousness or number of charges in a criminal case in return for a guilty plea
school to prison pipeline
the relationship between school punishment and an increased likelihood that students will eventually enter the juvenile justice or criminal justice system emerged as disparities for youth of color in both school punishment and juvenile justice received more attention schools with higher proportions of black students use exclusionary school punishments more often
substitution theory
the theory that posits that states replaced lynchings death penalty
sympathizers
timid bigots their prejudiced attitudes are generally at a verbal level only as far as they are willing to go, but their voices give encouragement and comfort to those who express their hatred in discrimination or violence because of their refusal to cooperate with those who seek to bring bigots to justice, they also share responsibility for the acts that their stances make possible not always clear-cut or consistent
American Justice Paradigm
vertical power structure communication is rehearsed written statutory law derived from rules and procedures separation of church and state time-oriented process
Boyles chapter 4
vicarious police experience as collective consciousness: the negative/dangerous interactions with police that community members have become a form of collective experience that reinforces fear and distrust of police path to the murders was reflective of escalating tensions
Asian Americans and courts
were despised by the general public legislation in concert with the courts was used to deal with them the goal was not suppression, but expulsion immigration law, exclusion, and deportation
tribal jurisdiction
when a native American suspect commits a misdemeanor offense against a non-Native American victim, the trial takes place in a
English
which ethnic group was involved in most of the crime and was the largest number of accused people in colonial New York
decrease of racial tensions
which of the following did not cause change in police between the 1970s and present?
prosecutors
with the shift to mandatory minimum sentences, the power of sentencing shifted to
