Lectures16-22

Question 1

What is the role of police in a democratic society?

Answer 1

• Maintain order, not just enforce law;
• Use discretion in a procedurally just manner.

Question 2

What does the Social Contract Perspective say about policing?

Answer 2

Police are neutral, protectors of society, and derive power from the social contract.

Question 3

What does the Conflict Perspective say about policing?

Answer 3

Police act in the interest of the powerful, focus on marginalized groups, and enforce the status quo.

Question 4

Name two roles police can play.

Answer 4

Crime Fighters and Social Agents.

Question 5

What causes role conflict in policing?

Answer 5

Competing expectations and pressure to solve, prevent, and reduce crime.

Question 6

What is role ambiguity in policing?

Answer 6

Uncertainty due to reliance on discretion and inadequate training for complex situations.

Question 7

What influences police discretion?

Answer 7

Situation characteristics, suspect demeanor, race/gender/age, neighborhood, organizational factors.

Question 8

What is community policing?

Answer 8

A strategy of policing that focuses on building ties and working closely with members of the community. Rather than just responding to crimes after they happen, community policing emphasizes proactive problem-solving and partnerships between police and the public.

Question 9

What is a tort?

Answer 9

A civil wrong committed against a private party; liability is assessed in damages.

Question 10

What is the difference between torts and crimes?

Answer 10

Torts focus on victim compensation; crimes focus on punishing the offender.

Question 11

What is lumping?

Answer 11

Choosing not to file a claim or complaint after harm.

Question 12

What is spilling and scaling?

Answer 12

• When responsibility is clearly linked to someone’s actions, making claims easier.
• Responsibility is shared or unclear, making claims less likely.

Question 13

What is public law?

Answer 13

Law involving the state, often in cases of rights violations or enforcement.

Question 14

What is legal mobilization?

Answer 14

Using the law as a tool for social or systemic change.

Question 15

What is the Andrews Test?

Answer 15

A legal test to determine if a Charter Section 15 equality violation has occurred.

Question 16

What does a legal case require?

Answer 16

1. Naming the harm
2. Blaming a responsible party
3. Claiming a legal right.

Question 17

What is critical criminology?

Answer 17

A perspective that sees the justice system as maintaining power hierarchies and the status quo.

Question 18

What do consensus perspectives on social order say?

Answer 18

That society agrees on laws and norms and law reflects collective values.

Question 19

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Question 20

What is feminist criminology?

Answer 20

A critique of male-centered knowledge, focusing on gendered power and women’s experiences.

Question 21

What is pathways theory?

Answer 21

The idea that women’s criminal behavior must be understood through their life experiences.

Question 22

What is multiracial feminist theory?

Answer 22

A perspective that examines how intersectionality shapes oppression.

Question 23

What is Critical Race Theory?

Answer 23

An approach that sees racism as embedded in legal systems and social structures.

Question 24

What is racialization?

Answer 24

Linking race with criminality, shaping how people of colour are represented and treated in the justice system.

Question 25

What is the racialization of crime?

Answer 25

Associating certain crimes with racialized groups, reinforcing stereotypes and inequality.

Question 26

What is the paradox of over- and under-policing?

Answer 26

Racialized groups are over-surveilled and harassed, yet receive poor protection and service.

Question 27

What is secondary victimization?

Answer 27

When the process of prosecuting a crime causes the victim to relive trauma, adding further harm.

Question 28

What are some limitations of courts?

Answer 28

Social inequalities prevent some cases from reaching court. Structural inequalities lead to unequal courtroom outcomes. Court actors may carry personal biases. There are few good alternative paths to justice.

Question 29

Why might a victim of sexual assault not report the crime?

Answer 29

The legal process may cause more trauma than healing. Lack of awareness of rights. Doubts that the case will be taken seriously. Fear of public exposure and stigma. High emotional and practical costs of going to trial. Trials can be long, difficult, and draining.

Question 30

Why does the criminal justice system often deliver unsatisfactory outcomes?

Answer 30

- Criminal sentences are rare (42% of trial cases result in a guilty verdict). - Many SA cases lack witnesses beyond the two parties. - Criminal courts focus on punishing offenders, not supporting victims.

Question 31

How does sociology reveal the gap between civil rights laws and real-world outcomes in cases like Chris Burns’?

Answer 31

Discrimination persists despite laws like Title VII of the Civil Rights Act of 1964. - An African American man injured on the job faced discrimination, but legal obstacles and lack of support led to defeat. - The legal system is often inaccessible, especially for marginalized people. - Litigation tends to favor employers; most plaintiffs lose or settle for little. Legal framework limitations: - Focuses on intentional discrimination, ignoring systemic bias. - Formal anti-discrimination policies are often treated as proof of fairness in court, even if ineffective.