vocab quiz Flashcards
common law country
judges relied on common law to decide what is illegal or legal. Common law makes some commonalities among the states
Administrative diversity
all 52 jurisdictions have police, prosecutors, defense counsel, and courts, but their organization and structure often vary
(OK and TX have two supreme courts- one for civil and one for criminal)
Retained counsel
private defense counsel (another way of saying private), this is for people who can afford it
Magistrate courts
courts of limited jurisdiction, traffic courts, etc. determine pretrial release, detention, or bail
Street level bureaucracy
the problematic “place” where workers interact with the people
Michael Lipsky
“Toward a Theory of Street-Level Bureaucracy”
Simplification
Police officers develop simplifications about who is potentially dangerous to them.
Routinization
Police: develop techniques to determine if a person respects police authority
Teachers: will use seating charts, carrots and sticks, to establish authority
Judges: robes, bench, bar, court ritual
Friedman
Law is a product of social forces and demands - the powerful seeking to control the masses. But, different cultures make law in different ways and create different legal systems
Period 1
Colonial America (small, tight-knit communities seeking to maintain order. moral failings were considered a crime. public punishments)
period 2
First ⅔ of the nineteenth century (early industrial revolution - elites are seeking to encourage economic prosperity and development. development of the penetentary, police force, not much concern on individual rights)
Period 3
1870 - 1990s - period of struggle between producers, workers, the middle class, newly emerging political actors (ex. civil rights movement). Increase policing of morals - bans on manufacture and sale of alcohol, cigarettes, illegal drugs; anti- prostitution movements, bans on contraception / abortion. increasing in call for civil rights and liberties. Crime wave in 1960s
Period 4
1990s-today - new sources of conflict. Struggle between those who believe that the war on crime reduced crime and those who believe it just produced mass incarceration, Struggle between those who prefer the status quo to those who believe the law should be used to protect the historically disadvantaged. The creation of hate crimes as a crime; more emphasis on punishing those who engage in sexual violence or sex trafficking,Technological developments that have made new crimes possible; hacking, identity theft, credit card fraud, phishing, malware attacks, piracy, ransomware,
Tonry
Backlash Theory
Backlash theory
One approach to understanding the war on drugs / crime.
Nixon
In 1968, republican nominee, nixon, emphasized that he was best suited to bring law and order to the US. benefited from king assassination riots, Columbia university protests, Chicago police riot
Reagan
Emphasized the importance of victims rights. signed three major laws which imposed harsher punishments for offenders
George HW Bush and crime
went against Dukakis and made him sound super soft on crime.