Impact of Law on Society Flashcards
Gap studies
what the law says in the book versus how it is enforced
Impact of law on society
Law reflects societal attitudes and practices (folkways, mores)
Direct influence (of law changing social attitudes and practices)
Immediately changing the law
Indirect influence (of law changing social attitudes and practices)
through institutions, like education and requiring young people to attend school
Factors of acceptance
Source of law
(accept law if it comes from a place of authority) (authoritative source people respect)
Existing values
(not viewed as radical change, goes with your values)
Reference group
Implementation
(the faster its implemented it will more likely stick)
Enforcement
(whoever is enforcing the law cant be corrupt or discriminatory, any biased enforcement will undermine the law)
Punishment and rewards
(compliance if there is punishment for those who don’t comply)
(obeying the law to avoid sanctions)
Protection
(when attacked to a funded agency or org that can monitor compliance)
External support
(well-organized and vocal social movement, more likely to get support)
Responsibility
(the specific agency with implementing the law) (more organized and structured, the better)
Information
(Communicated and understood by the people)
Individual resources
(the easier it is to comply, the more likely we are to do it)
Wald (1967) interrogations in New Haven: The Impact of Miranda
Interrogations play a secondary role in solving crime
The Miranda rules seem to only slightly affect interrogations
Muir (1967) Prayer in Public Schools: Law and Attitude Change
General attitudinal compliance by officials and teachers, though changes were facilitated or impeded by various other groups to which they belonged
Levine and Small (2008) “Marijuana Arrest Crusade”
Why has the NYPD been making this enormous number of marijuana possession arrests, and why are they so racially biased?
- Marijuana arrests relatively safe, easy, and allow police officers to show productivity
- Allow police officers to make much desired overtime pay
- Narcotics officers benefit from high marijuana arrests
- Police supervisors and chief benefit
- Officers who chiefly make marijuana arrests can easily be shifted elsewhere
- Easy way to target and acquire info on young people, particularly people of color
- Black and Latino youth disproportionately arrested because it’s easy and convenient to do so; no pressure on police to stop
Judicial path (1/2 roles of courts in social change)
decision obeyed based on prestige and authority of and respect for legal institutions
(exclusively in court system, may take a long time)
Extra-judicial path (2/2 roles of courts in social change)
decision highlights important issue, influences public opinion and elections, and results in legislative changes
(support from multiple groups more likely for acceptance)
limited ability of courts to achieve fundamental social change
Legislators in better positions than judges to achieve fundamental social change
Social Integration
Brown v. Board of Education
reversed Plessy v. Ferguson
Civil Rights Act of 1964
Abortion
“quickening doctrine”
Roe v. Wade
right to privacy
Planned Parenthood v. Casey
SCOTUS overturned Roe v. Wade
Same-sex marriages
States - court decisions
Federal - Obergefell v. Hodges
struck down state laws prohibiting same-sex marriage
civil disobedience
Intentional violation of law to draw attention to cause, energize supporters, and influence public opinion
