CRM J 205 2nd Edition Exam 2 Study Guide Lectures 13 17 Lecture 13 September 23 I Postville USA Overview a Postville small town in Iowa Diverse Raid Many were arrested Filed as many charges as possible including child labor law violations Many charges were later dropped however some remained II Gender inequality a Both men and women were arrested b Women who had children were allowed to return to their home with GPS monitoring c Feminist Theory d Problematic in the United States but arguably more severe in other locations e Gender inequality that occurred in Postville were not as severe as others III After Raid a Problems for meatpacking plant b Implications for residents of Postville IV Hiring Agencies a Alternative pay ATM cards Direct Deposit Lecture 14 September 30 I The Court System a Many states have 3 levels of courts II Trial courts Court of appeals Supreme courts Cases a Powell vs Alabama African American teens Denied right to counsel Won appeal and provided with counsel Quickly resentenced to death Appealed again argued jury bias all white jury Won appeal Final Sentencing outcomes varied Decision 1932 In capital cases if defendant requests counsel an attorney must be provided Capital Cases Unequal justice Racial minorities are victims of unequal justice Especially in regard to crimes against whites Example Lenell Geter African American male charged with armed robbery 1983 Innocent b Johnson Vs Zerbst 1938 Required counsel to be appointed for all indigent offenders Only applied to federal criminal cases Different from Powel Case Capital vs Federal c Gideon vs Wainwright 1963 Every offender who faces imprisonment for a criminal offense has the right to counsel Lecture 15 October 2 I II The Jury System a Majority of cases are handled with a plea bargain b Major issues regarding the right to a jury trial Whether offenders being tried for minor offenses are entitled to jury trial Size of the jury Whether the jury verdict must be unanimous c Blanton vs North Las Vegas d Delaware created Laws to circumvent the ruling e Demanded Sober and Judicious individuals Size of the Jury a How many jurors III IV V 6 min 12 max b Does verdict have to be unanimous Differs from state to state Apodica vs Oregon All jurors have to be in agreement if there are only 6 jurors Jury Nullification a The decision not to apply the law to the facts b A jury nullifies a law by acquitting a defendant regardless of the amount of evidence against the offender c A Hung Jury Jury can t reach a decision Discrimination a 3 facts regarding jury discrimination that are largely undisputed Strauder vs West Virginia a 1st time U S Supreme court addressed the issue of racial discrimination regarding jury selection Lecture 16 October 7 I African American Prison Statistics a Disproportionate number of African Americans incarcerated b Disparity Offending patterns or criminal history c Key points Reasons for over incarceration of racial minorities II Discrimination Are Judges Bias a We know that discrimination exists but at what level b Disparity in Sentencing Two types of evidence that disparity exists 1 Statistics 2 Judges sentencing decisions African American males are 6 5 times more likely to be incarcerated than white males Hispanics are 2 6 times more likely than white males III Five Explanations for Racial Disparity a The text gives 5 potential explanations for racial disparities in sentencing 1 African Americans and Hispanics commit more serious crimes Criminal histories 2 Economic Discrimination Not able to obtain a decent job Less likely to incarcerate person with good job Can t afford attorney 3 Neutral Laws Ex treating possession of crack cocaine different than possession of powder cocaine Crack perceived as more dangerous than powder 4 Racial discrimination within the court room Discrimination bias Prosecutors biased even if unintentional 5 Race and Sentencing IV Court room more likely to giver harsher sentencing to African Americans and Hispanics Citizenship and Sentencing a Illegal immigrants are more likely to be sentenced to prison than citizens b However they are likely to receive sentences because once they re out they can be deported V Perception of Danger a Illegal immigrants are often perceived as being more dangerous than citizens VI Geography of Racism a Racism and discrimination can occur anywhere b Southern states c Jena 6 Jena Louisiana Problems with racism in Jena LA Fight 6 African American students got in a fight with a white kid He went to the hospital but didn t have any life threatening injuries Charged Jena 6 with attempted murder VII Media drew attention to it and charges were lessoned to battering About 5 years ago Four examples of Historical Aspects of Discrimination Regarding Sexual Assault and Rape a Historical Virginia code of 1819 Penalty for white men vs Penalty for African Americans Differences Penalty for rape for white men 10 21 years in prison and for black men it was death Georgia Penal Code of 1816 Penalty for Rape for African Americans was death and for white men raping a black female it was a maximum of 23 years in prison Sentenced to discretion of court room for white men The New Jim Crow Book by Michelle Alexander NY times best seller Alexander 2012 argues that mass incarceration is the new Jim Crow