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LAW AND SOC WEEK 5
Terms in this set (29)
stages of the disputing process (typography 1)
grievance stage- the party feels "wronged or injured"
conflict stage- the aggrieved party chooses to confront the offending party
dispute stage- disagreement becomes public with the involvement of one or more third parties
a grievance becomes a dispute if and only if a third party knows about the grievance and becomes involved in trying to resolve the grievance.
stages of the disputing process (typography 2)
-unperceived injurious experience: people are being harmed but might not realize they are being harmed
-perceived injurious experience: naming the problem
-grievance stage: blaming the problem on someone
-dispute stage: the aggrieved party communicates the grievance to the offending party
lumping it (methods of dispute settlement)
ignoring the dispute
Avoidance (methods of dispute settlement)
ending the relationship that produced the problem or by physically removing yourself from the situation or location in which the problem is located.
Coercion (methods of dispute settlement)
the use of threats or pressure to compel a change in someone's behavior or thinking
Negotiation (methods of dispute settlement)
involves discussions between the two disputing parties in which they try to persuade one another of their way of thinking about the grievance underlying the dispute
Mediation (methods of dispute settlement)
involves a third party: both disputants must agree to mediation in advance, and the mediator tries to help the disputants reach some resolution, usually through a compromise that both parties will regard as a win-win outcome
Arbitration (methods of dispute settlement)
it involves a third party with whom the disputants consent to meet and an arbitrator, is expected to be impartial and also to consider all the facts and other circumstances of the dispute. An arbitrator devises her or his own resolution after considering the disputants' claims
Adjudication (methods of dispute settlement)
when the third party, the judge, "has the authority to intervene in a dispute whether or not the principals wish it"
Ombudsman (methods of dispute settlement)
a legal representative, often appointed by a government or organization to investigate complaints made by individuals in the interest of the citizens or employees
Requirements for Adjudication (initiating a case)
Jurisdiction: the case both occurs in a geographical location and involves a subject matter that a particular court is authorized by law to hear
Justiciability: the case involves an issue that is appropriate for the courts to hear.
Standing: party bringing suit must have been harmed
Ripe: has harm already occurred?
No Immunity: other party must not have immunity
a society's general views about the law and specific dimensions of the legal system, and its perceptions about using the law to address disputes
everyday understandings of and experiences with the law.
before the law consciousness: people who respect the law and even hold it in awe.
with the law consciousness: people who are quite ready and willing to use the law to achieve their self-interests.
against the law consciousness: people who distrust the law and other authority and react with various violations of norms
discouraging potential offenders in the general public from committing crime or by discouraging actual offenders who are legally punished from committing repeated crime
putting convicted offenders in prison or jail, where they cannot commit crime in the outside world.
rational choice theory (RCT)
assumes that potential offenders are rational and weigh the possible consequences of their actions, including arrest and punishment, and are more likely to break the law when they perceive the risk and severity of arrest and punishment as low, and less likely to break the law when they perceive the risk and severity as high.
the law can deter potential offenders in the general population or actual offenders after they have been convicted and punished.
Types of deterrence
Absolute deterrence: refers to the effect of having some law versus no law.
Marginal deterrence: refers to the effect of increasing criminal sanctions versus not increasing such sanctions.
General deterrence refers to the ability of law to deter criminal behavior in the general population by sending a message that potential offenders will be caught and punished if they break the law.
Specific deterrence: refers to the ability of law to deter criminal behavior by offenders who have already been arrested and punished because they do not want to incur the risk of additional punishment.
certainty of punishment
refers to the likelihood of being arrested and is typically measured as the number of arrests for a given type of crime divided by the number of offenses
severity of punishment
refers to the harshness of prison sentences
system capacity model
"crime levels affect criminal justice practices just as much if not more than such practices affect crime."
involves police, other criminal justice officials, and community leaders sitting down with juvenile gang leaders and members. At these meetings, police emphasize that they are watching these juveniles and that they face a high risk of arrest and punishment if they continue to commit violence and other crimes.
Unlike general and specific deterrence, it's effective in reducing crime.
types of incapacitation
selective incapacitation: identify and incarcerate chronic offenders
gross incapacitation (collective incapacitation): involving the mass incarceration of offenders without regard to their history and likely future of offending.
crimes in which the participants engage voluntarily
illegal behavior committed by individuals or organizations during the course of legitimate business or professional activity.
Durkheim types of law
repressive law: is especially punitive
restitutive law: involves compensating an aggrieved party for the harm done to them
law that is autonomous from the state and general (i.e., applicable to everyone) regardless of any individual's power, wealth, or personal connections.
the practice by organizations of complying with new legislation, court rulings, or legal settlements as superficially as possible and of otherwise pursuing their own interests.
is a sustained, collective effort by individuals and groups lacking political power and influence to achieve social, economic, political, and/or cultural change
THIS SET IS OFTEN IN FOLDERS WITH...
LAW AND SOC WEEK 1
LAW AND SOC WEEK 2
LAW AND SOC WEEK 3
LAW AND SOC WEEK 4
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