Sociology of Law
Sociology of Law Prelim #2 Review
Policing and Arrest Cop in the Hood- Moskos
Police discretion
Factors include:
Time of shift
Paperwork/processing
Age of officer
Suspect characteristics
Political concerns
Police culture
Law on the Books v. Law in Action
Legal entities as social institutions
Legal actors as social actors
Profiles in Justice? – Heumann
Racial disparities in policing
Driving while black
Disparities in stops caused by profiling, bias etc.
Criminal Process
Process is Punishment- Feely
Adversarial model v. pre-trial process model
Pre-trial costs include missing work, being away from family, attorney costs etc.
Consequences include losing your job, reputation, missed time with family, foregone wages etc.
Imbalance ratio is (a-s)/s when a-arrested/detained pretrial and s-convicted and sentenced.
Courtroom 302- Bogira
Trial tax- implication that if you choose trial, if convicted your sentence will be harsher
“Wheeling and dealing” occurs between judges and defendants so they don’t go to trial. It’s a suck of resources.
White sales
**Feely says pre-trial costs force people to take plea bargains but Bogira says it’s trial tax and fear of future. Feely pre-trial, Borgira post-trial
Courtroom Workgroups – Eisenstein and Jacobs
A group of actors with ongoing relationships
Shared goals:
Justice
Efficiency
Balance of authority and limitations
Judge, Prosecutor, Defense Attorney (each has powers and limits)
Processes include the adversarial process and negotiation
Workgroup prefers negotiation (faster, compromise, fewer resource expended, more guaranteed, most parties win a little)
Sanctions and the Deterrence Curve- Friedman
Goals of sentencing
Incapacitation (keep offender out of society)
Punishment (give offender what he deserves)
Rehabilitation (reform offender)
Deterrence (specific and general)
Indeterminate sentencing can lead to unwarranted disparities in sentencing
Determinate sentencing
Policing and Arrest Cop in the Hood- Moskos
Police discretion
Factors include:
Time of shift
Paperwork/processing
Age of officer
Suspect characteristics
Political concerns
Police culture
Law on the Books v. Law in Action
Legal entities as social institutions
Legal actors as social actors
Profiles in Justice? – Heumann
Racial disparities in policing
Driving while black
Disparities in stops caused by profiling, bias etc.
Criminal Process
Process is Punishment- Feely
Adversarial model v. pre-trial process model
Pre-trial costs include missing work, being away from family, attorney costs etc.
Consequences include losing your job, reputation, missed time with family, foregone wages etc.
Imbalance ratio is (a-s)/s when a-arrested/detained pretrial and s-convicted and sentenced.
Courtroom 302- Bogira
Trial tax- implication that if you choose trial, if convicted your sentence will be harsher
“Wheeling and dealing” occurs between judges and defendants so they don’t go to trial. It’s a suck of resources.
White sales
**Feely says pre-trial costs force people to take plea bargains but Bogira says it’s trial tax and fear of future. Feely pre-trial, Borgira post-trial
Courtroom Workgroups – Eisenstein and Jacobs
A group of actors with ongoing relationships
Shared goals:
Justice
Efficiency
Balance of authority and limitations
Judge, Prosecutor, Defense Attorney (each has powers and limits)
Processes include the adversarial process and negotiation
Workgroup prefers negotiation (faster, compromise, fewer resource expended, more guaranteed, most parties win a little)
Sanctions and the Deterrence Curve- Friedman
Goals of sentencing
Incapacitation (keep offender out of society)
Punishment (give offender what he deserves)
Rehabilitation (reform offender)
Deterrence (specific and general)
Indeterminate sentencing can lead to unwarranted disparities in sentencing
Determinate sentencing