Exam 2 Flashcards

1
Q

Michelle Alexander suggests that the modern “criminal label” applied to people of color might be worse than the “slave label” applied before the Civil War or the “race label” under Jim Crow. How is the criminal label similar to the slave/race label?

A

Similar political origins - white elites exploiting resentment, both legalizing forms of discrimination, both creating political disenfranchisement, closing courthouse doors, and symbolic production of race.

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2
Q

Why might the criminal label be worse?

A

It might be worse due to multiple factors, one being that in some cases, Black people support the idea of discrimination due to the label. Also, this label is not explicitly a race-based system, which makes it harder to challenge.

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3
Q

What is “civic death?”

A

consequences/rights taken away because of the “criminal” label; not considered punishment but can be the most damaging part of the conviction (all the fallout from it)

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4
Q

What does it mean for mass incarceration to have “collateral consequences?”

A

Collateral consequences of mass incarceration refer to the lasting negative impacts beyond the initial sentence

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5
Q

Discuss some different kinds of collateral consequences of mass incarceration.

A

Employment - jobs/occupations are restricted based on criminal history.
Social support programs: Food security - created restrictions for people with a record and housing - leasing agreements can restrict felons
Education - cannot get a student loan or Pell grant
voting - strip voting rights for felons

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6
Q

Discuss similarities and differences between the race label under Jim Crow and the criminal label under the New Jim Crow as they relate to collateral consequences.

A

The similarities between criminals and then people of color during Jim Crow are jobs and occupations. During Jim Crow they were restricted based on race, now they are restricted based on criminal history. Housing - Jim Crow you had redlining, now, lease agreements can restrict felons. Voting - Jim Crow - restricted amount class and race lines, Now - strip voting rights of felons. Stigma - Jim Crow - the stigma of racial minorities, Now - the stigma of criminals.

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7
Q

One strategy some locales use to improve employment prospects for people with felony records is to “ban the box” on initial job applications. What does it mean to “ban the box?” Does it do what it was intended to do? Why or why not?

A

“ban the box” is a policy that delays employers from inquiring about an applicant’s criminal history until after a conditional job offer has been made. It was intended to help people with criminal records access the labor market, but it leads to companies increasing racial discrimination based on stereotypes, and going around the rules, and they will still reject applicants later once they find out they have a criminal record.

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8
Q

The U.S. is unusual in the world in that it still makes use of broad-based felon disenfranchisement laws. This practice violates international human rights laws by which most developed countries abide. Why do you think the U.S. continues these practices when most other countries don’t?

A

The U.S. continues these practices due to the historical roots in racial discrimination, federalism, decentralized election laws, and tough-on-crime ideology.

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9
Q

What is a “minstrel show” and what is its purpose? Why would people of color participate in minstrelsy?

A

A popular form of entertainment where white people in blackface would mock African Americans. They would participate due to the limited economic opportunities available to them.

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10
Q

Can you think of any modern-day examples of a minstrel show? Any related to mass incarceration?

A

Some modern-day examples will be stereotypes about African Americans in the media. Tv shows/movies will portray a criminal as a black person. Also black women being classified as “welfare queen”. These show how mass incarceration is still targeting minorities and dehumanizing them.

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11
Q

Michelle Alexander argues that mass incarceration is the New Jim Crow, a racialized caste system akin to slavery or the Jim Crow South, and that society is in denial. Debate both sides of her argument.

A

One side of her argument discusses that there are racial disparities in incarceration, the drug war targeted black communities disproportionately, and formerly incarcerated individuals lose voting rights, employment opportunities, and access to public benefits, creating similar Jim Crow-era restrictions.
The other side of her argument is that there is a need for policies specifically in certain Black communities due to higher crime rates, and the disparities reflect deeper socioeconomic issues rather than the racial caste system.

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12
Q

Also, are we in denial? If so, why? If not, why not?

A

I believe yes we are in denial because we refuse to acknowledge the racial disparities in the justice system, instead attributing mass incarceration to “law and order” rather than systemic bias.

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13
Q

Presumably, civil rights activists care deeply about racial injustice. Why have they been slow to recognize the New Jim Crow or focus on mass incarceration as a critical driver of racial inequality?

A

They have been slow to recognize the New Jim Crow due to the political focus on crime control. The increase of “tough on crime” and the public perception of crime. Also, the issue of defining mass incarceration as a civil rights issue.

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14
Q

Michelle Alexander argues that it’s a mistake to make “colorblindness” a societal goal. Why? What
does she recommend instead?

A

She argues that it is a mistake to make colorblindness a societal goal because it does not address systemic racism and perpetuates racial inequity. She recommends that we acknowledge race, address the system inequalities, and change social reforms by dismantling the system.

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15
Q

What makes her proposals “radical” like those of radicals during Jim Crow?

A

Her proposals are seen as radical due to the critique of the system, she says that mass incarceration functions as a racial caste system. Instead of reforming it, she wants to abolish it.

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16
Q

Is affirmative action as currently practiced a racial bribe?

A

Michelle Alexander believes it is currently practiced as a racial bribe due to selective inclusion. The only people who benefit from it can get jobs, education, etc, The “elite” Blacks, while those who are poor or have criminal records receive no support.

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17
Q

The sociology of punishment examines the social determinants and consequences of punishment to better understand the functions and forms of punishment that societies use. Please name the authors of the four theoretical traditions we discussed in class

A

Durkheim, Marx, Michel Foucault, and Elias

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18
Q

What are the traditions of Durkheim, and how do they differ from those of other authors?

A

Functionalist; believes that punishment serves as a way to reinforce social solidarity and moral order. Sees that punishment is a social necessity rather than a tool of oppression.

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19
Q

What are the traditions of Marx, and how do they differ from those of other authors?

A

Conflict perspective; Believes that punishment is a tool of class domination used by the ruling class to maintain control over the working class. Sees that punishment is a reinforcement of economic and class differences.

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20
Q

What are the traditions of Michel Foucault, and how do they differ from those of other authors?

A

The big concept of technology; Modern punishment shifts from physical brutality to psychological control and surveillance. Sees how institutions (prisons, schools, and hospitals) shape and discipline individuals beyond economic factors.

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21
Q

What are the traditions of Elias, and how do they differ from those of other authors?

A

Society changes through a long-term civilizing process. Public sensibilities dictate punishment by limiting applications and privatizing disturbing events.

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22
Q

In class, I made the argument that the jail is critical to our understanding of mass incarceration and yet remains misunderstood by the public. Why is the jail important? Why is it misunderstood?

A

The Jail is important because it is highly discretionary, invisible, and local. Freedom based on money, larger unconvicted, and economically constricted. It is misunderstood because jails are invented to manage society’s rabble.

23
Q

What is the official function of jails? Who’s in jail?

A

The official function of jails is to hold people awaiting adjudication and for serving short sentences. It is a collection of dangerous people.

24
Q

Who are the “rabble?” How did urban deindustrialization and neoliberalism in the 60s and 70s contribute to the growth of a rabble class?

A

The rabble refers to the urban poor, particularly Black and Brown communities that became increasingly criminalized. Deindustrialization contributed to the growth of a rabble class because it removed many jobs, increasing unemployment. Neoliberalism is an economic ideology emphasizing free markets, privatization, and cutting social welfare programs. This caused a dismantling of the social safety net.

25
How would Irwin explain the function of jails?
Irwin would explain the function of jails is to maintain the underclass and maintain the "rabble". Jails process individuals quickly and with little regard for their personal circumstances.
26
Today, it’s not legal to punish people because they are poor, but how might society achieve this same goal despite the law?
Society can achieve this same goal by criminalizing homelessness, cash bail systems, unequal access to legal representation, and fines in the criminal justice system.
27
Irwin collected some data about who was in jail. He examines the offenses and offensiveness of people detained in jail. What makes someone offensive?
What makes someone offensive is who the offender is, who the victim is, what are the details, and where the crime occurs.
28
Which is more common in jail, serious offenses, or serious offensiveness
Serious offensiveness is more common in jail. It has more to do with who you are than what you've done. Those who were detained for minor offenses are more common in jail.
29
Irwin describes three requirements for holding a stable position in conventional society. Explain these three requirements.
Control over some property - phone #, a place to stay, money, etc. Ties to formal/informal social organizations - employment, family friends, etc. "Take care of business" - autonomy and liberty
30
It’s clear that being in jail makes it harder to achieve these requirements. Provide some examples.
It is hard to have control over some property because while in jail you make no money, and you cannot afford a place to stay then after because you haven't paid anything. You lose your ties to formal/informal social organizations by losing your job and not being there for family and friends. You lose your right to take care of business both autonomy and liberty.
31
Explain disintegration in jail
Disintegration - physical ties and loss of the ability to take care of business
32
Explain Disorientation in jail
Disorientation - Being involved in the Criminal Justice process, with limited choices and mobility, makes you lose grip on reality and sense of self. You experience confusion and uncertainty on how the jail works.
33
Explain Degradation in jail
Degradation - humiliation process that may turn people further against society. Includes strip searches, uniform changes, loss of personal belongings, and being assigned a number.
34
Explain preparation in jail
Preparation - preparing yourself for rabble life. Detainees being to adjust and prepare for either release or further incarceration.
35
Why might the degradation of people in jail lead to their “loss of commitment” to society?
Degradation in jail can cause a loss of commitment to society due to the fact they were stripped of dignity and are isolated. Jails often alienate detainees.
36
What can we do to minimize the use and harm of jails?
Decriminalization, diversion - diverging people for adjudication, eliminating money bail, and improving jails.
37
Why does society have a negative attitude toward rabble?
They have a negative attitude toward rabble due to fear—what you hear on the news, resentment—there needs to be fairness, frustration—you do not want your kids to see that, and perceptions of "crime problem"—news and politicians make you feel like there is a crime problem and not a social problem.
38
Name the 5 goals of the criminal justice system we discussed in class
Retribution, deterrence, incapacitation, rehabilitation, and reintegration
39
Discuss retribution, what is the problem with this?
It is the law of retaliation. People who commit crimes deserve punishment as payment for misdeeds. It is reactive, the goal is not to prevent crime but to make people pay. A problem with this is that it assumes a common set of values.
40
Discuss deterrence, what is the problem with this?
It is the idea that punishment should not be about making a statement but about preventing future crime. People believe that we need to police and punish people to stop human nature. Punishment should be enough to stop people from breaking the law but not too much to make it more than it needs to be. A problem with this is that the offender will suffer for something that someone else might do.
41
Discuss incapacitation, what is the problem with this?
A combination of retribution and specific deterrence. The idea of restraining. A problem with this is mass incarceration, you would have to predict the future behavior of the person, and the issue of locking someone up who might not be recommitted.
42
Discuss rehabilitation, what is the problem with this?
It is supposed to change the behavior so that they can reenter society and be productive. It assumes that offender can be transformed and that their behavior has a relationship with a personal defect. A problem with this is the lack of creating individualized treatment plans and if it is wrong to do it to someone who does not consent.
43
Discuss reintegration, what is the problem with this?
Reestablishing community ties, social networks, employment, and housing. Reintegrated shaming - letting someone know they did wrong but are welcomed back into society and restorative justice - being a positive change from the outcome. A problem with this is that it does not always work for all cases.
44
According to deterrence theory, crime control is a function of certainty, swiftness, and severity of punishment. Which function is the most important for deterring crime?
The function that is the most important for crime is certainty crime control which means the punishment is swift, certain, and proportionate. People are less likely to commit crimes if they believe they will be caught and punished.
45
What is the difference between specific and general deterrence?
Specific deterrence - Punishing the individual to deter them from breaking the law again in the future. General deterrence - Punishing the individual to set an example for others
46
What is the difference between selective and collective incapacitation?
Selective incapacitation - incapacitation of certain offenders more; Habitual offenders' law. Collective incapacitation - The same punishment for those who committed the same offense.
47
Explain why putting more people in prison is unlikely to lead to a proportional decline in crime. Why is “aging out” a concern?
Putting more people in prison is unlikely to lead to a proportional decline in crime because as they get older, they are less likely to commit a crime but still have to serve their sentence. "Aging out" is a concern because those who are sentenced with long-term sentences will be unlikely to commit a crime again but are still in jail.
48
Rehabilitation seems like a worthwhile goal. What are the assumptions of rehabilitation? What are some potential problems?
Some of the assumptions of rehabilitation are the idea that behavior is related to some personal defect and the idea that the offender can be transformed into a prosocial person. The problem is not knowing if they can be rehabilitated, if is it right to do it without consent, and how can you tell when someone is rehabilitated.
49
How does reintegration differ from rehabilitation as a goal of criminal justice?
Rehabilitation focuses on the offender, and how to change their behavior and mindset to reduce the likelihood of reoffending. Reintegration focuses on helping offenders reenter society. This is supposed to help reconnect them with the community and take up more productive roles.
50
Provide some examples of process, attitudinal, and judicial degradation.
Process degradation - arrest is humiliating: proves that they have control of you (Search, stripping, bathing, and spraying) Attitudinal degradation - Crime control vs due process model. You are legally innocent when arrested but to people in the system, you are guilty. Judicial degradation - the court is a microcosm of society's formal and stratified aspects
51
What are “false positives” and “false negatives” as they relate to selective incapacitation?
A false positive is when an individual is incorrectly identified as a high-risk offender and is incarcerated. This can lead to unnecessary incarceration and wasteful use of resources. A false negative is when an individual is incorrectly classified as low-risk and not incarcerated. This lets them be free and increase the risk to public safety
52
What is the difference in the focus on the intervention?
Rehabilitation - focuses on behavioral changes Selective incapacitation - focuses on preventing future crime reintegration - focuses on social reconnection
53
What is the “new penology” and how does it differ from the traditional view of punishment and corrections?
The "new penology" was developed by John Irwin which focuses on risk management and population control rather than rehabilitation or retribution. Moves away from changing offenders and focuses on managing the risk they pose to society. It gets rid of moral punishment and wants to control individuals to prevent future harm.