Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Intersectionalities of Crime > Exam 3 (Final Exam) > Flashcards

Exam 3 (Final Exam) Flashcards

Chapters 8-10 (66 cards)

Start Studying
1
Q

What court cases proved that the 3 strikes law was constitutional?

A

Rummel v Estelle and Lockyer v Andrade

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What happened in Rummel v Estelle?

A

Rummel was convicted of 3 felonies over a 15 year period and was sentenced to life in prison in Texas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What happened in Lockyer v Andrade?

A

Andrade stole $150 worth of videotapes (which was his 3rd strike) and was sentenced to 2 terms of 25-life in California

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why are habitual offender laws a waste of resources?

A

Because of the age crime curve (most people age out of crime)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why is law important?

A
  • Law is (governmental) social control
  • Government has monopoly on the legitimate use of coercion
  • Government decides which acts of deviance should be crimes
  • Criminal law tells police how to prioritize their efforts
  • The law shapes attitudes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is known about class, crime and the law?

A

The rich and powerful make laws, regulations, and policies and do not punish harms equally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who came up with the Behavior of Law?

A

Donald Black

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the Behavior of Law?

A

Law is quantifiable and behaves in a predictable manner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the 4 different styles of law?

A

Penal, compensatory, therapeutic, and conciliatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is penal law?

A

Criminal law (often applies to the poor)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is compensatory law?

A

Civil law (often applies to the rich)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is therapeutic law?

A

Rehabilitation (ordered by the court)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is conciliatory law?

A

Conflict resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What do you have to look at to determine how much law will behave?

A

Stratification and Morphology

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is stratification?

A

Inequality of wealth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is morphology?

A

Social distance/social networks
EX: strangers use more law than friends, and the well connected use more law than loners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What did Black have to say about the direction of law?

A

The more inequalities exist the more penal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are 2 things that are associated with class based systems of law?

A

Selective enforcement (only enforced for certain groups of people) and differential application (law doesn’t apply the same to everyone)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are 2 consequences of class based systems of law?

A

Savings and Loan Collapse and The Global Financial Meltdown of 2008-2010

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Class based system of law has differences in what?

A

There are clear differences in legislation and enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the primary role of police/prosecution?

A

To persuade people to abide by the dominant values of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is jurisdiction?

A

The right or authority of a justice agency to act in regard to a particular subject matter, territory, or person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the criminal justice process?

A

Suspect –> Arrestee –> Defendant –> Convicted Criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the 4 basic stages when going through the courts/law?

A

Charging, Pretrial, Trial, Sentencing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is involved with charging?
Investigation/Arrest(based on probable cause) Booking Initial Appearance (charge, rights, bail)
26
What is involved with pretrial and trial?
- Preliminary hearing - Information or indictment (grand jury) - Arraignment - Pre-trail conference/plea bargaining - Trial (bench/jury)
27
What is involved with sentencing?
Fines, probation, jail, prison, parole
28
What is the significance of discretion?
There are opportunities for discretion at every stage Discretion opens the door to BIAS
29
Why does class bias occur?
Rich get away with more than the poor 1. Complicated cases 2. Few resources to fight corporate crime 3. Corporations can afford better lawyers
30
What is a Deferred Prosecution Agreement (DPA)?
An agreement that the government will not prosecute a company if it pays a fine, agrees to certain conditions, does not commit further criminal acts
31
What is racial profiling?
Reliance on race as a basis for detaining, investigating, or arrest
32
How does bias amplification occur through policing?
Differential reinforcement --> more arrests --> more criminal records --> more punitiveness --> ecological contamination
33
What is differential reinforcement?
Increases the likelihood that people within that community will have a prior record
34
What is ecological contamination?
Result of bias against people of color and poor neighborhoods
35
What are pretext stops?
Traffic stop motivated by a desire to hunt for drugs without evidence of illegal drug activity
36
What did Whren v US show us?
As long as there is a violation, police are justified in pulling someone over
37
What did Alexander v. Sandoval show us?
Challenges to racial profiling ended in 2001
38
Research on gender and police decisions?
There is little research, but we know that in traffic stops women are less likely to be stopped than men and black women are more likely to be stopped than white women
39
What are facts or things we know about bail?
- Pretrial detention is punishment before conviction - Those not released are more likely to be convicted, sentenced to prison, and serve longer sentences
40
What do we know about gender and bail?
Women are more likely to get pretrial release
41
What is plea bargaining?
An arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges
42
What do we know about race, gender, and plea bargaining?
- Women are more likely to have their initial charge dropped or reduced unless it is a serious felony or they have prior convictions - Charge reduction for white women is 2x that of black men
43
What impacts a prosecutor's decision making?
Legal factors- seriousness, evidence, culpability Extra legal factors- race, gender, age, class Victim characteristics- credibility, precipitation, relationship to offender
44
What do we know about race, gender and juries?
- Predominately white male juries convict black defendants kore - Predominately black male juries acquit all defendants more - Same gender juries acquit more
45
What are solutions to bias and disparities in prosecution?
Better data, increase diversity, understand bias, and hold people accountable
46
What are justification for punishment?
Retribution, deterrence, incapacitation, rehabilitation, and restoration
47
How does a penal philosophy influence sentencing?
- movement from rehabilitation to retribution - institution of mandatory minimum sentencing - sentencing guidelines took discretion away from judges
48
What were some consequences of sentencing guidelines?
Failed to account for institutional discrimination which resulted in increased disparities
49
What do we know about sentencing and social class?
Poorer people get harsher sentences - access to legal representation - bails and pretrial detention - judicial discretion - impact of criminal records Corporate and white-collar criminal often get lighter sentences - crimes perceived as less harmful - better access to legal representation - perception that there are more rehabilitatable - dealt with via fines
50
What do we know about sentencing and race?
Racial disparities result from implicit or explicit bias, legislative policies, income inequality, policing practices
51
What do we know about sentencing and gender?
Women are less likely to be sentences to prison and receive lighter sentences because ... - gender stereotypes - family roles - nature of crimes
52
What are the legal requirements of the death penalty?
- Prosecutorial discretion - Must have bifurcated (2) hearing - Jury must consider aggravating and mitigating factors
53
What are mitigating factors?
No prior record Extreme mental or emotional disturbance Defendant was a minor participant in the crime Defendant was a youth at the time of offense
54
What are aggravating factors?
Prior record of felonies Offense is felony murder Offense involved more than one victim Victim was a police officer Torture or heinous crime Defendant tried to avoid arrest Defendant tried to escape
55
Are any methods of execution unconstitutional?
No, The Supreme Court has never found a method of execution to be unconstitutional
56
What types of offender can receive the death penalty?
Over 18, no intellectual disability, not legally insane at the time of execution
57
What do we know about race and the death penalty?
Someone that kills a white person is more likely to get the death penalty than someone who kills a black person
58
What do we know about women and the death penalty?
Women less likely to be sentenced to death Defendants who kill women more likely to be sentenced to death White women more likely to murder loved ones Black women less aggravated, more motivated by revenge or anger
59
Is there bias in aggravating circumstances?
Appear gender neutral, but describes the type of murder men are more likely to commit
60
What is a "Domestic Discount"?
When women murder, they kill family members, not defined as deserving of death penalty
61
What is Feme Covert?
If murder is committed in the presence of a man it is the man's fault
62
What is the public's opinion on the death penalty?
Hovers around 50% being in favor, but it depends on how the question is asked
63
What concerns do Americans have with the death penalty?
Deterrence Fairness/concerns about racial disparity Concerns for mistakes/exonerations
64
What do we know about capital punishment and deterrence?
No evidence of deterrence Some evidence it makes it worse High cost relative to life in prison
65
What have we learned this semester?
Crime and disparities in the CJS result from structural conditions The media reinforces stereotypes The powerful get away with causing harm Policies need to take intersectionality into account We need better data/more diverse responses
66
What are some solutions to the issues we've touched on this semester?
De-escalate the war on drugs Investment in community resources Restorative justice programs Reform policing practices Economic reforms

Intersectionalities of Crime (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions