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LAW AND SOC WEEK 6
Barkan 4,5,6: criminal justice and rights
Terms in this set (16)
Due process clause.
extends first eight amendment to states (states must respect them and not just federal gov)
no unreasonable search and seizure. Exclusionary rule (a law that prohibits the use of illegally obtained evidence in a criminal trial) applies to states
no self-incrimination. applies to states. Miranda Rights must be read during each arrest.
right to remain silent, have attorney and get one appointed for you if you can't afford one, be informed that everything you say can be used against you in court
right to counsel, right to speedy trial, right to confront adverse witnesses, right to "jury of your peers" trial in serious crimes
John Malbo Case
murdered 10 people at age 17 with his caregiver. Sentenced to life in prison without parole. Appealed to SC that this is unconstitutional for juveniles as there is prohibition against mandated minimum sentences of life in prison without parole for juveniles but only other option for jury at the time was death.
Grand jury trials
Not open to public. To protect people's reputation from inappropriate charging. (juvenile courts also closed)
questioning of the jury
informal: norms obeyed unconsciously cause we are taught to obey them from a young age
formal: legal control exercised due to
- Moral indignation
- Maintain social order
- Response to threat
- Political tactics
what does research on deterrence say?
in general, not very effective.
certainty of getting caught much more significant than severity of punishment
- The more severe the crime you commit, the more likely you are to re-offend
US cultural approach to lawsuits
"sue the bastard"
- Statistics show not true: 90% of those injured do not sue
Factors that determine type of resolution
- Structure of the relationship
- Power and inequality
- Legal culture or acceptance of using legal means
- Power differentiation
- Personality sociodemographic
monetary damages with compensatory and punitive purposes
- Deter negligent behavior
- Control dangerous and defective products
- Provide adequate support for injured victims/families
used to halt irreparable harm (can be both preliminary and permanent)
- makes accused stop until case is heard if harm would be irreparable
- used often in environmental, intellectual property and product liability cases
diverting a defendant (such as a veteran) out of the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when a defendant successfully completes a diversion program
Conditions for Legal Social Change
- Law from an authoritative source
- Rational and understandable and compatible with today's values
- Must show it has worked elsewhere
- Enforcement should be immediate
- Enforcement agents must be committed
- Implementation should have positive and negative sanctions
- Enforcement should be equitable +
- Sufficient amount of information must be available
- Uniformity in application
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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