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Criminology. Prosecution & Punishment. D oes the greater use of imprisonment reduce crime?. Views of criminologists Views of politicians and members of the public >consequences of the views of politicians and the public.
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Criminology Prosecution & Punishment
Does the greater use of imprisonment reduce crime? • Views of criminologists • Views of politicians and members of the public >consequences of the views of politicians and the public
Two most important issues for a sociological understanding of criminal justice • The extent to which social inequality affects the exercise of legal discretion……. • the extent to which reliance on the criminal justice system can reduce crime………
Prosecution & Punishment • The actual behavior of people in organizations often differs from the formal procedures required by the organizations. The criminal courts are no different from other work settings: they often don't operate as they are supposed to.
Prosecution & Punishment • The adversary system is largely a myth, because most cases are plea-bargained; in fact, the courts feature much more cooperation than combat between prosecutors and public defenders.
Plea Bargaining • Critics have charged that rampant plea-bargaining actually denies defendants due process. Heavy caseloads burden prosecutors, public defenders, and other defense attorneys, and judges alike.
Courtroom Work Group • The courtroom work group, consisting of all three parties realizes the best thing for everyone is to resolve the case as quickly as possible through a guilty plea; plea bargaining accounts for up to 90 percent of all guilty verdicts
Courtroom Work Group • To decide which cases to drop, prosecutors in their initial screening decisions compare cases against an ideal that will ensure conviction; this ideal is known as the “strong” or “solid” case.
Courtroom Work Group • The courtroom work group benefits from plea bargaining and, contrary to popular opinion, defendants who plead guilty to serious offenses typically receive long prison terms.
An Administrative System of Justice • most criminal justice experts characterize the system as administrative rather than adversarial.
Durkheim and Punishment • Based on Durkheim’s classic analyses, more advanced societies rely on organic solidarity, deriving from the interdependence of multiple roles. • When deviance occurs in these societies, they engage in restitutivelaw marked by an interest in restoring relationships to their previous state.
Durkheim & Punishment • Societies that rely on organic solidarity typically develop prisons as a substitute for physical punishment. • A society’s social structure influences its type of punishment.
The Role of Inequality • Inequality in society is a central influence on the type and severity of punishment: Legal punishment becomes a mechanism for the ruling class to preserve its power by controlling the poor, people of color, and other subordinate groups.
The Role of Inequality • The clearest class disparity in legal outcomes is seen comparing poor defendants accused of street crime with much wealthier defendants accused of white-collar crime. • Poor defendants accused of street crime are much more likely to be incarcerated.
The Role of Inequality • the criminal courts are fundamentally courts against the poor.
Research • Race & Ethnicity • Consensus Theory • Conflict Theory • John Hagan • Liberation Hypothesis
“Get Tough” Policies on Crime • Has it impacted crime?