Chapter 9-12 Application Log
* Social control is known any action, deliberate or unconscious, that influences conduct toward conformity, whether or not the persons being influenced are aware of the process. The main function of the law is to keep social control and maintain peaceful and predictable coexistence. * The use of law is a measure of the failure and success rate of other forms of social control. * The four-fold typology of social control is described as direct/formal, direct/informal, indirect/formal, and indirect/informal. * Communities use forms of punishment to create social condemnation, in hopes to maintain deterrence for future crimes. * Black’s style of social control:
* Penal: subject to formal punishment –accusatory.
* Therapeutic: subject to formal treatment –remedial, crime is a result of environmental factors * Compensatory: payment of debt
* Conciliatory: fair and reasonable solution depending on crime
* Plea bargaining occurs in most felony cases, usually when the suspect will plead guilty to try and lessen their sentencing. * The death penalty has always been debated, but 37 states are currently in favor of it. Main problems with this method of punishment is that there is no proof it actually deters crime, falls under “cruel and unusual punishment, cost more than keeping someone in a life sentence, the off chance the suspect is innocent. However, 65-75% of American favor it. * Law and social control of political dissent:
* Authoritarian Government: expect conformity without political participation, distinguishes political/private life * Totalitarian Government: expect conformity and political participation, however does NOT differentiate between public and private life * Democratic Governments: distinguish between public and private life by allowing political pluralism and encouraging political participation Summary
Social control is needed to keep the world from ultimately going into utter chaos. Punishments for when the law is broken and other factors affect whether or not deterrence is occurring and if it is an acceptable form based on the crime at hand. Depending on the severity of the crime, the death penalty may be an option, but of course the option to take another human’s life is at that top of the debate list, however, most Americans seem to be in favor of this. Depending on the government in place determines they types of punishment and who gets to decide on how someone is punished in order to keep social control and abide by social norms. Application
I will use the information discussed in this chapter by looking closely at how acts of crime are punished, and whether or not they are fair, but at the same time to help individuals deter from deviant behavior. I used to see punishments for certain and always thought “that’s way too harsh for they did!” or vice versa, but it is not just about how the judge is feeling that day, so many different thing are taken into account when deciding and sentencing criminals.
* Social change is any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time. * A cause of social change would be that the law is mostly reactive and can also be an independent source of change. * Conservative: active use of law to generate social change is wrong and the law must be a natural extension of social custom * Law is instead based on a general, abstract and universalistic principle of justice * The reciprocal relationship between social change and law occurs when changes in law give rise to social customs and vice versa, law is actually facilitative rather than causative of social change. * Politics of social movements depend on democracy
* Before a judiciary interpreted the Constitution, social movements were unlikely to go anywhere without violence...
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