LECTURE TERMS Criminal Justice Conservative Perspective of crime and punishment emphasis on free will and individual choice Ignores structural factors and external forces Liberal Perspective Sees the connection of social conditions and external factors to crime Less emphasis on the individuals Solution is to equip the individuals to deal with external factors Critical Perspective Much less emphasis on the individual More focus on external factors Change the structure Karl Marx Clan struggles capitalism Bourgeoisie own production Proletariat workers Bonger 1916 Capitalism breeds crime The crime punishment side of Marx Greed and ego equals crime Jeffrey Reiman Author of Critical Moral Liberalism Ford and Firestone Tires Cost less to be sued than change all the tires 2001 200 dead 700 casualties Ford Pinto Bolt punctures gas tank of Pinto on impact Wanted fuel efficiency but didn t realize the flaw Rather just be sued again One on One harm One person harming another person Easy to see crime and pin specific person Left Realism Response to being safe on crime 1980 US UK see realities of crime Need police Public fear pre emptive on crime Median Home Income Avg made per year per household White Collar Crime Corporate crime Underemployment Overqualified Not employed to individual s education skill go to crime Strain theory Response to strain Most conform others adapt innovate or Need for Legitimacy Capitalism need to end challenges Use the criminal justice system Must appear to be the best choice option Social Dynamite Group of people who have either fallen or jumped through the cracks of the social system but who are rebellious Human Agency People behind decisions People making decisions IE Moral Panic 1972 Cohen Crusade to do something about the wrongs in justice officials society No discrimination Black citizens are more likely to commit crime imprisonable offenses Indirect discrimination What if we re bias Weeding out process SES and race Direct discrimination Justice officials take race ethnicity into account and act upon these beliefs Racism WEB Dubois Class and Race Poor people are segregated live in high crime areas with increased violence underfunded skills All connected to a greater chance for crime victimization Lad to more surveillance in these areas 1 g of crack 100 g of cocaine 5 Yr minimum sentence Michigan 650 Lifer law Caught with 650 g or more get life in prison Tim Allen had 1 5 cocaine and got away with it School to prison pipeline suspension drop out incarceration Black suspended more often Black girls more often disciplined Moral for death penalty Right thing to do Religious Value of life Emotional retribution Utilitarian for death penalty Deterrence Convicts serving life Facing LW OP Clay foundation Logical life being taken away Deterrence research Economist say it works because it s cheaper to kill someone then lock them up for life Socio criminologists say it doesn t work Injustice argument Mistakes happen Execute innocent people Of 4500 cases 68 had severe reversible errors Avg of 9 years to find error Mistakes such as incompetence defense bad investigation execution identification prosecutor misconduct Cost Avg 3 5 million dollars for execution Mainly because of the time to pay a lawyer and go to court The actual execution is about 100 dollars give or take Brutalization We are all hurt brutalized when the state kills on our behalf Beccaria suicide by state Specific deterrence Public for death penalty More are for Many states have death penalty allowed though most don t actually execute people Lethal injection Most common Used combo of drugs cocktail Though it is hard to get drugs now because it is bad for branding of companies Use nitrogen as an alternative Electrocution Don t do it anymore Firing squad Most accurate Hanging Least accurate Lethal gas Gas chamber Furman v Georgia 1972 Jury had complete discretion 5 4 vote 1973 death penalty suspended Marshall Hypothesis Understanding the punishments inner workings will make people not do it Believes people who don t understand it are the ones who are for it Less would support if they knew Kind of right but not fully correct hypothesis Gregg v Georgia Bifurcated trial made Death penalty allowed again Bifurcated system Two separate trials one for the crime and one for the Death Row composite 2984 on death row in 2015 42 black 43 white McCleskey v Kemp 1987 Death penalty upheld on a maybe racially discriminatory sentencing to death Baldus study Interracial white victim crime more often sentenced to death Scottsboro Boys boys accused of rape of white woman Put to death Right death penalty 13 Hispanic to fair trials Martinsville Seven VA 1947 Seven executed for white rape Only black men executed for rape Made it more fair for everyone Willie Darden Executed in 1988 by electrocution BOOK TERMS board to the community Discretionary Parole The decision to release inmate is made by a parole Disenfranchisement laws Civil disabilities facing parolees when they return Mandatory parole release Inmate is released on parole when the unserved portion of the maximum prison term is equal to good time Re Entry risks Judicial Waiver The procedure of relinquishing the processing of a particular juvenile case in adult criminal court Also known as certifying or binding over to the adult court Statutory exclusion Certain juvenile offenses in some states are automatically transferred to adult court Social Investigation report Juvenile justice act Presenting Roper v Simmons SCOTUS ruling that disallows the execution of juveniles who commit a capital crime under the age of 18 Stanford v Kentucky SCOTUS decision that allows execution of juveniles who were age 17 at the time of the crime Thompson v Oklahoma SCOTUS decision that prohibits execution of juveniles under 16 at the time of the crime Death qualified jury During voir dire any person opposed to capital punishment may be dropped from the jury pool Technology driven security Tech that has been developed to increase internal and external security in correctional institutions Ticking Bomb Scenario Proposes that a dangerous explosive device is set to go off and kill thousands of people and therefore it might be necessary to take extreme measures such as torture on a subject to extract information from the person Waterboarding Imitation drowning used as torture