Shared Flashcard Set

Details

Kraska & Brent, 2011
Kraska & Brent, 2011
16
Criminal Justice
Graduate
03/05/2015

Additional Criminal Justice Flashcards

 


 

Cards

Term

CRIMINAL JUSTICE AS RATIONALISM/LEGALISM

key features


Definition

1) criminals are rational;

2) it is a “forced reaction (to crime) theory”: society has to react to crimes;

3) assumes the social contract;

4) incorporates the Utilitarian model: we punish to control for harms to society;

5) assumes unbiased justice;

6) is very black and white/basic: does not explain things/gives a “man at the bar” explanations

Term

CRIMINAL JUSTICE AS A SYSTEM

key features

Definition

1) Uses the CJ system flowchart, which is basic, requiring discretion at every stage;

2) can be very complex, needing operalization;

3) can be “open” or “closed”;

4) is self-regulated;

5) requires discretion;

6) Has “inputs” and “outputs”;

7) had an equilibrium;

8) consists of inner-relationships

Term

CRIMINAL JUSTICE AS A SYSTEM

policies

Definition

 

  • Problem Oriented Policing

  • (emphasizing the ABF studies and the President’s Crime Commission 1967b systems approach);

  • Two Strikes Legislation for Sex Offenders (Jenkins, 1998)

  • Intensive Supervision Probation and Parole (Jenkins, 1998)

  • Specialized Courts (Community, Mental Health, Drug)

Mandatory DNA Testing (Junkin, 2004)

Term

CRIME CONTROL AND DUE PROCESS

AKA

the “Packer Model”

key concepts

Definition

1) realism vs idealism;

2) presumption of guilt vs innocence;

3) over time the pendulum swings from one side to the other;

4) Divergence between individual rights vs. public safety/repressing crime

 

Term

CRIMINAL JUSTICE AS RATIONALISM/LEGALISM

Policy examples

Definition
  • Mandatory Sentensing: mandatory minimums & 3-strikes (Banks, 2013)
  • Imprisonment
Term

CRIME CONTROL AND DUE PROCESS

AKA

the “Packer Model”

Policies

Definition

1) CA legislation requiring informant testimony to be corroborated before it can be heard by a jury.

2) The use of actuarial tests that claim to predict dangerousness in parole decision-making

(Harcourt, 2007)

3) Civil commitment of sexually violent predators

(Jenkins, 1998)

4) The US Patriot Act

 

Term

CRIMINAL JUSTICE AS POLITICS

key features

Definition

 1) dichotomous: right vs left perspectives = at the right: it’s the individuals fault vs at the left: it’s the environments fault;

2) Ideology drives CJ practice;

3) Conflict creates stability;

4) Campaigns are symbolic;

5) CJ is used by politicians as a tool

Term

CRIMINAL JUSTICE AS POLITICS

policies

Definition

Junkin, 2004

  • 3-strikes
  • Mass incarceration
  • War on drugs
Term

CRIMINAL JUSTICE FROM THE SOCIAL CONSTRUCTIONIST PERSPECTIVE

key features

Definition

1) “crime”, as a word, is a social construction;

2) pits the US vs. marjinalized groups;

3) it is subjective, overstates crime;

4) myths, media, fear, culture


Term

CRIMINAL JUSTICE FROM THE SOCIAL CONSTRUCTIONIST PERSPECTIVE

policies

Definition

Racial profiling

(Alexander, 2010)

(Harcourt, 2007)

Sex offender registration

(Garland, 2001)

(Jenkins, 2004)

Capital punishment

(Junkin, 2004)

Term

 

CRIMINAL JUSTICE AS A GROWTH COMPLEX

key features

 

Definition

1) our most basic instinct is to survive; \

2) money drives

 

Term

CRIMINAL JUSTICE AS A GROWTH COMPLEX

policies

Definition

1) Proliferation of Alternative Sanctions such as GPS tracking and Electronic Home Detention.

2) The increase in student enrollment in criminal justice undergraduate and graduate programs.

3) Policies and legislation requiring prisoners to copay for medical and other services.

 

Term

CRIMINAL JUSTICE AS LATE MODERNITY THEORY

key features

Definition

1) Actuarial Justice: Risk, Safety, and Control;

2) Neo-liberal and Neo-conservative Politics;

3) Contradiction and Incoherence in CJ Policy;

4) The decline of state sovereignty;

5) The socially exclusive society

 

Term

CRIMINAL JUSTICE AS LATE MODERNITY THEORY

policies

Definition

1) The expansion of the use of prisons and the notion that prisons are an indispensable part of social life.

2) Restorative Justice Initiatives

3) The Use of actuarial tools to predict dangerousness/assess risk: using stats & analysis to measure crime

(Harcourt, 2007)

4) Prisoner Reentry Initiatives

Term

Criminal Justice as Oppression

Key points

Definition
  • CJ provides a mean to control those who are deemed to be a "threat/danger" based on class, race or gender
  • Conflict model: the intellectual foundation of the oppression lens - can be

1) "Pluralist": different groups struggle for power - which stems conflict; groups that attain the most power guide the legal apparatus's behavior

2) "Radical": the privilaged "elite" group and marginalized group are both created by a free-market and capitalist economic market

  • Describes discrimination and bias
Term

Criminal Justice as Oppression

policies

Definition
  • TV shows like COPS
  • Mass incarceration of black men disguised as a War on drugs (Alexander, 2010)
  • Banishment laws - homeless and poor can be banished from public areas (Beckett & Herbert, 2009)
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