C7 Readings and Terms

Keefe

Article on Clarke, Tsarnaev's defense attorney

Francis T. Cullen and Karen E. Gilbert

Ch 1; Criminal justice theories and ideologies; classical v. positivist

Peter B. Kraska and John J. Brent

Criminal Justice Theory: It's time to ask why; why theory is important; theory v. ideology; micro, meso, macro; criminal justice apparatus; 8 theoretical orientations - 1. rational/legalism, 2. system, 3. crime control v. due process, 4. politics, 5. social construction of reality, 6. growth complex, 7. oppression, 8. late modernity

Charlie Savage

Debate Over Delaying of Miranda Warning, miranda warnings delayed in situations of public safety: what about Tsarnaev?

Patricia Warren et. al.

Driving while black: bias processes and racial disparity in police stops; argues that more black people arrested because of reasons other than race; surveys

Marx

ECONOMICS; punishment is social phenomenon, a tool of class control, key terms: political economy, social relations/class rule, principle of less eligibility (if we punish the conditions of punishment must be worse than outside world)

Piper Kerman

Excerpt from Orange is the New Black

Michael Wines

First article on Dzhokhar Tsarnaev

Colin McMahon

First article on Tyrone Hood

Rational/Legal

Intellectual tradition: Neoclassical; legal formalism; classical school Key concepts employed: rational/legalistic; rule bound; taken for granted Central objects of study: CJS; rational decisions; law enforcement Purpose of CJS and CJA: control crime; punish offenders; maintain peace and security Why the rapid expansion of CJ in the last 30 years?: legal reaction to increased law-breaking (forced reaction theory) Underlying conception of crime: definition of crime is not questioned; crime is a rational choice Assumptions about agency and practitioner movies: well intended; protecting; serving; rule following; law abiding; professionalism Level of emphasis on reform: strong emphasis on rules; policies solutions to problems facing CJA: more resources; greater efficiency; reduce discretion; professionalism issues and controversies of concern: deterrence; defending the virtues and honor of the CJS Methodological tendency: legal research; advocacy research; positivist social science What might the future hold: crime control efforts intensify; increased professionalism; forced reaction to terrorism threat

Packer's Model

Intellectual tradition: liberal legal jurisprudence; legal realism; socio-legal studies key concepts employed: value-cluster; efficiency; crime control values; due process values; needs-based values central objects of study: CJS; criminal law process; police and courts Purpose of CJS and CJA: control crime overall; purpose is ambiguous and tension-filled between crime control, due process, and need-based values Why the rapid CJ expansion in the last 30 years?: pendulum swing toward crime control values; choosing punitiveness Underlying conception of crime: definition of most crimes not questioned; status offenses are overreach of criminal law; crime is a rational choice Assumptions about agency and practitioner motives: role/goal conflict; mixed messages; mimic the value messages provided from public Level of emphasis on reform: minimal as applied in the discipline; but could be strong emphasis based on the tone of packer's book solutions to problems facing CJA: healthy balance of values; ensure system of checks and balances; decriminalization issues and controversies of concern: erosion of constitutional rights; governmental intrusiveness methodological tendency: legal research; socio-legal studies what the future might hold: pendulum swings between crime control and due process; crime control's continued emphasis likely with war on terrorism

Politics

Intellectual tradition: political science; public administration key concepts employed: ideology; conflict; symbolic politics; policy making and implementing state; community central objects of study: CJS; legislators; policing making and implementing Purpose of the CJS and CJA: purpose contingent on political climate; CJ is tool for political capital; rational administration of policy why the rapid expansion of CJ in the last 30 years?: politicians exploit problems; politicized drug war; shift in ideology Underlying conception of crime: image/definition of crime is community-driven; partisan ideology also drives image of crime; crime is a political construct assumptions about agency and practitioner motives: responsive to politics; interest-based; ideological pulls; power players level of emphasis on reform: varies; strong emphasis on policy reform for most; some use mostly as a way to understand solutions to problems facing CJA: depoliticize; research; local democratic control; control interest groups issues and controversies of concern: federalization; symbolic politics; ideological intensification methodological tendency: historical research; positivist and interpretive social science what the future might hold: interest group influence intensifies; irrational policies due to partisan ideology; further federalization of CJS due to war on terrorism

System

Intellectual tradition: structural-functionalism; biological sciences; organizational studies key concepts employed: functional; equilibrium; efficiency; technology; external forces; open system; closed system central objects of study: CJS; what works; technology; sub-system focus Purpose of the CJS and CJA: control crime primary focus; various sub purposes; efficient processing of accused; maintain safety in society Why the rapid CJ expansion in the last 30 years?: CJS reacting to increasing in crime (forced reaction theory) Underlying conception of crime: definition of crime is not questioned; crime is a rational choice assumptions about agency and practitioner motives: rational decisions makers; efficient; adapting to external forces Level of emphasis on reform: strong on efficiency; technology; rational decision making; control discretion solutions to problems facing CJA: seamless harmony; what works; research; reduce discretion; new technology; efficiency issues and controversies of concern: abuse of discretion; cutting-edge technology; streamline/centralize operations Methodological tendency: positivist policy and evaluative research; macro-quantitative studies what might the future hold: greater system integration; enhanced technology; greater efficiency; well-coordinated response to terrorism threat

David H. Bayley

Law Enforcement and the Rule of Law: Is there a Tradeoff? argues for showing that cost is greater than benefit to taking advantage of law for police, it would improve community relations, and they'd be more successful if they were stricter

The Economist

Lessons of Ferguson; Michael Brown shooting turned to riots;

Durkheim

MORALS; punishment reaffirms moral order; key term :social solidarity, expressive institutions

Nicholas Schmidle

More detail on Tyrone Hood; did they pick the wrong guy?

Fruitvale Station

Officer Mehserle shot Oscar Grant

Cara E. Rabe-Hemp

POLICEwomen or policeWOMEN? Doing gender and police work; interviewed women about their experiences; interviews,

Foucault

POWER; punishment = political tactic/power relation, key terms: technology of power/surveillance, disciplinary power, normalization

Individual

PRESCRIPTIVE, what should we do, what works? Penological, utilitarian,

Herman Goldstein

Policing a Free Society; ambiguous role of police, we need them to do everything but also have discretion; professional model of policing;

Spohn et. al.

Prosecutorial Justifications for Sexual Assault Case Rejection: Guarding the "Gateway to Justice" Interpretive Dependent: rape reporting, relationship between victim and suspect etc. Independent: whether or not prosecution takes the case

Paul Butler

Racially Based Jury Nullification: Black Power in the Criminal Justice System talks about the morality of jury nullification for black people in nonviolent situations

Elias

SELF-CONTROL; civilizing process, sensibilities, internalized self-control, privatization of violence (cut turkey in kitchen)

David Garland

Sociological perspectives on punishment; Durkheim, Marx, Foucault, Elias

PEW Research Center

Stark Racial Divisions in Reactions to Ferguson Police shooting; white people less likely to say it has to do with race than black people; less likely to say police went too far;

Marjorie S. Zatz

The Convergence of Race, Ethnicity, Gender, and Class on Court Decisionmaking: Looking Toward the 21st Century

Hubert Williams and Patrick V. Murphy

The Evolving Strategy of Police: A Minority View; based on Kelling and Moore essay, how racism and slave trade shaped police; political era: policing the powerless, reform era: policing by the law for those unprotected by it, the community era: policing disintegrating communities; minority view at Harvard Executive Session; critical, macro

Lisa J. McIntyre

The Public Defender: "But how can you sleep nights?" How do you defend someone you know is guilty?

Johnson et. al.

The Social Context of Guidelines Circumvention: The Case of Federal District Courts -Motivation for guidelines -dummy variable -downward departure -Theorized influences: size of court, political environment, caseload pressures -outcomes Do downward departures vary in federal district courts where theoretically all outcomes should be consistent? What varies and why?

Donald J. Black

The Social Organization of Arrest; police more likely to arrest if complainant wants them too, more likely to want them to the further distance (family v. strangers) to the defendant; meso, interpretive; ethnographic observations

Schoenberg

Tsarnaev Trail Move Should we move his trial? most people already think he's guilty is that fair? where do we move him? (Boston is biased, but springfield worse)

Herbert L. Packer

Two Models of the Criminal Process; crime control v. due process

Due Process

constitutionality, formal, adjudicative, lack of finality, presumed innocent

Interpretive

different people can interpret differently w/ a lot of subjective data

Crime Control

efficient, administrative process conducted by police, repression, speed/finality, routine, administrative, presumption of guilt

Sociological

how do penal measures come to be? what social functions does is perform? DESCRIPTIVE, not policy making

Factual guilt v. Legal guilt

if process done wrong guilty person could be let go

Kerner Commission Report

looked at status of policing (LBJ) motivated by all the civil rights riots,

Critical

moral take on research, what should we do?

Positivist

more individualized, adjudicated, deterministic (all of the person's life led to it therefore individuals less at fault), rehabilitation, discretion, whole context of the person, CRIMINAL focus, Cesare Lombroso, looked at headship to determine who would be criminal, SCIENTIFIC METHOD

Positive

scientific method, can replicate

Classical

signs saying "don't shoplift"; legislated, utilitarian (w/ purpose in mind), focus on DETERRENCE, consistent , crime focused, absolute FREE WILL, Cesare Beccaria and Jeremy Bentham; wanted more civilized punishment