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Ch.8 - Chriss, Social Control

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Ch.8 from James J. Chriss, Social Control: An Introduction, 2nd ed. (Polity, 2013) – PowerPoint PPT presentation

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Title: Ch.8 - Chriss, Social Control


1
Chapter 8
  • Case Studies in Legal Control

2
Racial Profiling
  • Potential dangers of police work
  • Symbolic assailant those who are a threat and
    require close attention
  • Blacks as symbolic assailants in urban areas
  • Concentrated poverty
  • Crack cocaine

3
Racial Profiling
  • Grim statistics although Blacks comprise 13 of
    the population
  • Blacks account for 28 of all arrests
  • Lifetime chance of serving time in prison
  • Whites 3.4
  • Hispanics 10
  • Blacks 18.6

4
Racial Profiling
  1. Many argue that these disparities are due to
    racist/biased nature of the operation of the
    criminal justice system.
  2. The problem of Driving While Black

5
Racial Profiling
  • Types of profiling
  • Criminal profiling typically legitimate
  • Racial profiling
  • Hard taking into account only race
  • Soft using race as one among many factors
  • Linguistic profiling
  • Religious profiling

6
Racial Profiling
  • Whren v. United States (1996)
  • The pretext stop
  • Police and civil liability Fourteenth
    Amendment, equal protection clause
  • Religious profiling since 9/11

7
Hate Crimes
  • Hate Crimes Statistics Act, signed into law by
    President George H.W. Bush in 1990.
  • To gather systematic data about hate crimes
  • Defn. the existence of bias or prejudice of the
    perpetrator who committed the crime against an
    individual based on the victims real or
    perceived social grouping (p. 193).
  • Rates vary dramatically by state (variations in
    reporting practices).

8
Hate Crimes
  • Latest data (2009)
  • Rates remain low
  • Most victims targeted because of race (52)
  • Hate-based murders extremely rare
  • Most frequent form is property crimes (35 of all
    hate crimes)
  • Most frequent person crime is intimidation

9
Hate Crimes
  • Penalty enhancement law
  • Hate Crime Sentencing Enhancement Act (1994)
  • Penalizing more severely an act motivated by hate
    or bias
  • Is this a violation of
  • Fourteenth Amendment?
  • First Amendment?

10
Americas Imprisonment Binge
  • Since 1970s American imprisonment rate grew
    dramatically.
  • Even while crime rates were falling since early
    1990s
  • US imprisonment rate among worlds highest
  • Currently slightly under 7 million in US criminal
    justice system (prisons, probation, parole)
  • Rate of growth has declined recently

11
Americas Imprisonment Binge
  • Factors in the imprisonment binge
  • War on drugs
  • Between 1970 and 1997 drug arrests tripled
  • Disproportionately affected Blacks and Hispanics
  • Fuels prison overcrowding
  • Rise of hybrid or problem-solving courts
  • Partisan politics tough on crime talk

12
Americas Imprisonment Binge
  • Factors in the imprisonment binge
  • Loss of confidence in government
  • Perceived ineffectiveness
  • Increasing costs of criminal justice system
  • Trust the government most or some of the time
  • 1958 73
  • 1970 53
  • 1995 25
  • 2001 64
  • 2005 35
  • 2010 22
  • Crime as a wedge issue
  • Grassroots populism, e.g., three strikes and
    youre out

13
Americas Imprisonment Binge
  • Factors in the imprisonment binge
  • Decline of rehabilitative ideal
  • Determinate versus indeterminate sentencing
  • Back to retribution and incapacitation
  • Potential unfairness of parole
  • Return of the victim
  • Expressive justice
  • Gonzo justice
  • Therapeutic resources shift to crime victims
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