18: Punishment beyond the Prison Pt. 2 Flashcards
what is the premise if feely is correct and the criminal justice process is a form of punishment for particular types of low-level crimes?
system which exacts this punishment before anyone is convicted of a crime is subjecting the accused to control and discipline using pre-trial techniques of punishment
techniques of misdemeanour justice
marking
procedural hassle
performance
marking with Kohler-Haussman
official state stamp on the defendant that says something about their participation in the criminal justice system
how the criminal legal system actors use a particular individual’s past record to determine things about their present case
constructs a record of a person’s behaviour over time
serves to credential people in later criminal justice encounters
procedural hassle
making the person accused of the misdemeanour jump through bureaucratic hoops at various stages of the process
suggested that they are designed in part to be punitive or disciplinary on people accused of crimes
allows the court and state to monitor people
performance
requirement that the defendant discharge some duties, assigned tasks, program activity or therapeutic undertaking
social control
techniques circulate around and execute social control onto people who have and will not be convicted of a crime
how societies produce conformity, regulate behaviour and reduce deviance
primary means of formal social control in the US
law
constrained disciplinary power
observation that the legal process people are forced to go through before conviction is more punitive than the punishment the legal system would formally given them if they end up being convicted
process is arguably more important for the aims/goals of the criminal legal system than the outcomes of that process
what does Kohler-Haussman find?
criminal legal system is not concerned with executing substantive justice but concerned with opening up more and more opportunities for state surveillance and state social control over certain groups of people who are disproportionately targeted
marking with Pager
relevance to external social actors outside of the criminal legal system as opposed to criminal legal system actors
official credential qualifying someone for social discrimination and exclusion
Pagers’ findings
white people with criminal records received more favourable treatment than black people without a criminal record
negative credential
institutions certify individuals as being a particular class with an implied social status
tacitly allows employers and broader social order to discriminate against them in very specific ways
unique method of social stratification since its the state that certifies them for social exclusion/discrimination
